This is guide will explore data breach claims and examples of how your personal data could be compromised. Additionally, we look at the eligibility criteria that need to be met in order for you to have valid grounds to make a personal data breach claim, as well as the time limit that needs adhering to.
Data Breach Claims – Examples Of When You Could Seek Compensation
We also explore what a personal data breach is, how one could occur, and the impact it could have on you. You can also find information on the legislation that sets out the responsibilities for certain parties with regard to the processing, storing and handling of your personal data.
Furthermore, we discuss the compensation for a data breach that could be awarded following a successful claim and how settlements aim to address the different ways you’ve been impacted.
Finally, our guide will discuss the advantages of working with a data breach solicitor from our panel in a No Win No Fee capacity.
You can get in touch to discuss your potential claim with an advisor. They can offer free advice 24/7. To reach them, you can:
- Call 020 8050 3051
- Contact us by using the online form
- Begin your conversation with an advisor through the live chat feature.
Choose A Section
- When Are You Eligible To Claim For A Data Breach?
- Data Breach Claims – Examples Of When You Could Receive Compensation
- Potential Data Breach Compensation Examples
- What Can Help You When Making A Data Breach Claim?
- Claim Using Data Breach Solicitors On A No Win No Fee Basis
- Read More About Data Breach Claims Examples
When Are You Eligible To Claim For A Data Breach?
As stated, there are eligibility criteria for making a data breach claim:
- You need to demonstrate that data protection laws were not adhered to by the controller, those who set the means and purpose for processing, or the processor, those who act on the controller’s behalf.
- You also need to show that as a result of wrongful conduct on the part of the controller or processor, your personal data was compromised in a breach.
- Finally, you need to prove that as a result of the breach, you experienced financial loss, emotional harm, or both.
The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) are two pieces of data protection law. Together, they describe the responsibilities of controllers and processors with regard to the storing, handling, and processing of your personal data.
Personal data is any information that can be used to identify you, such as your name, postal address and email address. There is also another type of personal data called special category data which can include data concerning your health.
A personal data breach can involve a security incident that means the confidentiality, integrity, or availability of your personal data is affected.
To find out whether you’re eligible to claim for a breach of your personal data, call our team on the number above.
Data Breach Claims – Examples Of When You Could Seek Compensation
Below, we have provided some examples of how a data breach could occur.
- A school or university can prompt an email data breach by sending information about a counselling appointment to wrong email recipient.
- A bank or building society can send replacement debit and credit cards to the wrong address.
- The HR department at your place of employment could verbally disclose information about your health condition without permission.
- An organisation could fail to have any cyber security systems in place. This may make it easier for criminals to infiltrate systems and hack information.
Please note, these are not necessarily examples of data breach claims. This is because a set of eligibility requirements need to be met in order for a claim to be valid.
To discuss your specific case and find out if you could have valid grounds to pursue a personal data breach claim, please call an advisor on the number above.
Potential Data Breach Compensation Examples
There are several factors that can be considered when valuing data breach claims. Examples can include the severity of any psychological harm you experienced, as well as the future prognosis, and whether any financial losses will impact you in the future.
Generally, though, settlements can consist of compensation for:
- Non-material damage – This refers to the psychological harm caused by the data breach and can include stress, anxiety and distress.
- Material damage – This refers to the financial loss caused by the data breach. For example, if your credit card details were stolen in a ransomware attack, it could mean loans are taken out in your name. This could cause you financial loss and impact your credit score for the foreseeable future.
When valuing non-material damage, solicitors can use the Judicial College Guidelines. This is a publication containing guideline award brackets, some of which you can find in the table below.
Award Brackets Guidelines
| Type of Harm | Severity Level | Award Bracket Guidelines | Notes |
|---|---|---|---|
| Mental Damage | (a) Severe | £54,830 to £115,730 | A prognosis that's very poor due to marked problems affecting several areas of the person's life. |
| (b) Moderately Severe | £19,070 to £54,830 | Significant problems affecting the person's life but with a better prognosis. | |
| (c) Moderate | £5,860 to £19,070 | A significant improvement alongside a prognosis which is good. | |
| (d) Less Severe | £1,540 to £5,860 | Consideration is given to how long and how severely the person was affected. | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £59,860 to £100,670 | Permanent effects preventing the person from working or functioning as they did prior to the trauma. |
| (b) Moderately Severe | £23,150 to £59,860 | A better prognosis after a professional aids with recovery. However, effects still cause a significant disability for a period in the future. | |
| (c) Moderate | £8,180 to £23,150 | A significant recovery with continuing issues not being grossly disabling. | |
| (d) Less Severe | £3,950 to £8,180 | The person mostly recovers within a couple of years. |
Please bear in mind, these amounts are only intended to be guidelines.
For a free and personalised estimate of how much your settlement could be worth, call an advisor on the number above.
What Can Help You When Making A Data Breach Claim?
There are several pieces of evidence that could strengthen data breach claims. Examples can include:
- Correspondence between you and the organisation regarding the data breach. This could include emails or letters that state how the breach occurred and what information was affected.
- Medical evidence, such as reports from a therapist or doctor, that show any psychological harm you suffered.
- Evidence of any financial losses, such as bank statements and credit reports.
A solicitor from our panel could assist you in building your case. To learn more about the services they could offer, call an advisor on the number above.
Claim Using Data Breach Solicitors On A No Win No Fee Basis
Our panel of data breach solicitors are able to provide their services under a version of a No Win No Fee agreement. They may offer a Conditional Fee Agreement (CFA), for example.
This extends various advantages to the person claiming. It typically means fees are not needed for work completed by the solicitor if the claim fails.
If the claim succeeds, a small and legally capped percentage is paid to solicitors from the compensation as their success fee. However, you can discuss the fee with your solicitor prior to any work starting on your case.
For a free case assessment get in touch with an advisor. If they find you have valid grounds to make a personal data breach claim, they could connect you with a solicitor from our panel.
Alternatively, if you have any questions and would like further clarification on data breach claims, or examples of when you could seek compensation, they can help with this too.
To get in touch, you can:
- Call 020 8050 3051
- Contact us by using the online form
- Begin your conversation with an advisor through the live chat feature.
Read More About Data Breach Claims Examples
For more of our helpful guides:
- Learn how to claim for a bank data breach.
- Find out about claims for a solicitor data breach.
- Read about whether you could claim for a data breach on social media.
For more external resources:
- Make a complaint – Information Commissioner’s Office
- Data protection – GOV.UK
- Information on phishing scams – National Cyber Security Centre
Thank you for reading our guide on data breach claims, and examples of when you could seek compensation. If you have any other questions, call an advisor on the number above.
Writer Jeff Walker
Editor Meg Monsoon
