Distress Because Of A Data Breach Claim
This post details the process of claiming data breach compensation for distress. We will explain what to do if your data is breached, the criteria that make you eligible to claim, and the compensation amount you could receive for the damage you experienced.
Read on for tips about claiming compensation for distress. You can also call our advisers to discuss the merits of your potential claim. Afterward, you could be put in touch with one of the data breach solicitors on our panel. For more information:
- Call 020 8050 3051
- Complete our ‘Contact Us’ form
- Speak to us using the chatbox
Select A Section
- Can I Claim Data Breach Compensation For Distress?
- When Am I Eligible To Make A Data Protection Breach Claim?
- What Evidence Could Help In A Data Breach Compensation Claim?
- Potential Compensation From A Breach Of Data Protection Claim
- Use One Of The No Win No Fee Data Breach Solicitors From Our Panel
- Learn More About How To Claim For The Breach Of Personal Data
Can I Claim Data Breach Compensation For Distress?
You may be able to claim compensation for distress following a breach that compromised your personal data. However, there are eligibility criteria you must meet in order to claim, including proving that those with a responsibility to protect your personal data failed to adhere to data protection law.
Two pieces of legislation outline certain entities’ responsibilities regarding personal data. The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) run alongside each other.
In short, the UK GDPR defines a data breach as a security incident that affects the integrity, availability, or confidentiality of an individual’s personal data. This legislation also defines personal data as information that can be used to identify a living person, either in isolation or when combined with other data. Therefore, a personal data breach could include information like your name, personal email address, and National Insurance number.
A personal data breach could happen through accidental destruction, human error, or data theft due to insufficient security measures.
Next, we will discuss the eligibility requirements to claim data breach compensation for distress. Alternatively, you can contact our advisers for a one-on-one conversation.
When Am I Eligible To Make A Data Protection Breach Claim?
You may claim data breach compensation when data controllers, entities that make decisions regarding how and why data is processed, or processors, who take orders from a controller to process the data, fail to uphold the responsibilities outlined in data protection law.
This failure in adherence must have led to your personal data being involved in a breach. And lastly, breaching said data will have caused you emotional distress and /or financial harm.
The Information Commissioner’s Office (ICO), an independent public body that ensures individuals’ data rights are upheld, can fine those organisations that fail to comply with data protection laws.
Contact our team if you have questions about your eligibility and the types of personal data breaches you can claim for.
What Evidence Could Help In A Data Breach Compensation Claim?
Evidence that will support your claim includes certain documents, such as:
- Useful correspondence sent by the data controller/processor
- Medical assessments detailing the psychological harm experienced
- Financial evidence regarding your monetary losses
Our advisers can assess the evidence you have gathered and offer free advice about the merits of your potential claim. Contact our team to learn more about claiming compensation for distress.
Potential Compensation From A Breach Of Data Protection Claim
The compensation you could get for a data breach claim could help reimburse you for two aspects of harm that result from a breach of personal information. These are called non-material damage and material damage.
The mental distress you experience due to a breach of your personal data is referred to as non-material damage. A solicitor will usually assess this using the Judicial College Guidelines (JCG), a document containing compensation brackets for various levels of harm. The following table contains some of these brackets intended only as guidelines.
| (Non-Material) | Brackets (JCG) | Notes |
|---|---|---|
| Psychiatric Harm (General) | £54,830 to £115,730 | Severe - Poor prognosis regarding ability to cope with life, work, and education. |
| Psychiatric Harm (General) | £19,070 to £54,830 | Moderately Severe - More optimistic prognosis regarding those same factors. |
| Psychiatric Harm (General) | £5,860 to £19,070 | Moderate - Good prognosis regarding those same factors. |
| Psychiatric Harm (General) | £1,540 to £5,860 | Less Severe - Considers length of experienced disability. |
| Reactive Psychiatric Disorder | £59,860 to £100,670 | Severe - Inability to function at pre-trauma levels due to permanent effects. |
| Reactive Psychiatric Disorder | £23,150 to £59,860 | Moderately Severe - Better prognosis with professional help. |
| Reactive Psychiatric Disorder | £8,180 to £23,150 | Moderate - Near-complete recovery with no major ongoing effects. |
| Reactive Psychiatric Disorder | £3,950 to £8,180 | Less Severe - Near-complete recovery within 2 years with only minor ongoing effects. |
Additionally, you can claim for material damage, which encompasses incurred data breach costs. These are financial losses, such as damage to a credit score due to identity theft.
Use One Of The No Win No Fee Data Breach Solicitors From Our Panel
Though not required to claim, data breach solicitors can provide helpful services when seeking compensation. For instance, the No Win No Fee solicitors on our panel can provide their services under the terms of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement that means you don’t have to pay for a solicitor’s service if your claim fails.
Instead of charging ongoing fees, your solicitor will take a success fee if you receive compensation. The success fee is capped by law, so you always receive the majority of your compensation amount.
Can I Get Compensation For A Data Breach? Find Out By Contacting Us For Free Today
Our advisers can help you understand what constitutes a personal data breach and if you’re eligible to claim compensation. This consultation is free and can occur at any time, 24/7. Use the following information to contact us for important information about your potential claim:
- Call 020 8050 3051
- Complete our ‘Contact Us’ form
- Speak to us using the chatbox
Learn More About How To Claim For The Breach Of Personal Data
Related guides we’ve written:
A Step By Step Guide To Company Data Breach Claims
What Is The Time Limit For Data Breach Claims?
HR Department Data Breach – Can I Claim?
Third-party resources:
Post-Traumatic Stress Disorder – NHS information about the symptoms of PTSD
Report A Breach – Guidance from the ICO about how to report a data breach
Data Breaches – Resource for families and individuals about data breaches from the National Cyber Security Centre (NCSC)
Thanks for reading this article about claiming data breach compensation for distress. Contact us using the details above for further information.