You may be more aware of the risks of data breaches as they are regularly featured in the news these days. But if you’ve suffered financial and emotional distress because of a data breach, you might need more information about the data breach claims process. You could be owed for the financial and emotional harm caused to you.
This guide will detail the process for seeking compensation and explain who might qualify to claim for the harm they suffered. We’ll look at ways that a data breach claim can be settled and whether it would be necessary to go to court to seek damages.
Our article will also explain the benefits of working with a No Win No Fee data breach solicitor to help you make your claim. The ones on our panel have been successfully helping claimants for decades to get what is owed to them after suffering a data breach.
Why not see if a data breach lawyer could help you right now? Either continue reading to learn more about the process or speak to our team of dedicated advisors by:
- Calling us on 0208 050 3051
- Using the live chat option at the bottom of the screen.
- Or, you can contact us online.
Jump To A Section
- What Is A Data Breach Claim?
- What Is The Data Breach Claims Process?
- What Is Alternative Dispute Resolution For Data Breach Claims?
- Will My Data Breach Claim Need To Go To Court?
- Can A Solicitor Help Me With The Data Breach Compensation Process?
- Learn More About The Data Breach Claims Process
What Is A Data Breach Claim?
Personal data is any detail about you that, alone or alongside other information, might reveal your identity. Two main laws called the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) seek to protect the data rights of the general public from exploitation or abuse.
These laws are enforced by an organisation called the Information Commissioner Office (ICO) which can fine any organisation, large or small, that fails to properly adhere to correct data processing standards.
Typically, two groups called the data controller and data processors work with our personal data. The first outlines the reasons for data collection and the other works with the private data on their behalf, either as part of the same organisation or an external agency.
You could have a valid data breach compensation claim if you can prove three points:
- Your personal data was entrusted to the organisation. They accidentally or deliberately failed to comply with data protection laws (called wrongful conduct).
- As a result of wrongful conduct, your personal data was breached.
- You experienced financial damages and/or psychological harm as a consequence of this breach.
A personal data breach is defined as the loss of integrity, confidentiality and availability of personal data. This can occur in many different ways so why not discuss the basis of your data breach compensation claim with our team for clarification?
What Is The Data Breach Claims Process?
If you can demonstrate the three criteria above, you could start a data breach claim. Next, we look at what essential actions might underscore your right to start a claim for a personal data breach.
Confirming That A Data Breach Has Occurred
Firstly, it’s important to be clear that a breach has actually happened that involved your personal data. There are several ways that this could occur:
- The controller and/or processor at a retail outlet can fail to dispose of your payment details correctly, allowing others to find them and use them to steal funds from you.
- A GP surgery could suffer a stolen or lost device like a laptop or smartphone that contained your patient details and medical notes. The stress of this could cause significant psychological suffering to you.
- Human error at a Governmental department like Social Services could result in unauthorised parties accessing your personal data and financial details, causing both types of harm.
- Emails and letters can be sent to an incorrect or old address (despite the organisation being in possession of your correct details). This can provide an opportunity for personal data to be compromised in a way that causes the data subject harm.
You may discover the data breach yourself after noticing an increase in unwanted emails or missing funds from your account. Alternatively, the controller or processor might notify you in writing that your personal data has been involved in a data security incident. This letter would be evidence that a breach has occurred.
Collecting Evidence of Material Or Non-Material Damage
You can be compensated for both your material and non-material damage in a successful data breach claim. Material damage reflects the financial losses suffered due to the data breach for which compensation can be awarded. Therefore, any loss of earnings directly caused by the data breach could be covered under this compensation.
Non-material damage reflects the way in which your personal health was harmed by the data breach. For example, the psychological impact of knowing that your personal data has been exposed or compromised can lead to stress, anxiety and depression.
Data breach claims need evidence that shows the financial and psychological damage. So it’s important to obtain medical statements and all documented proof of financial harm when thinking about claiming compensation. Keep hold of all statements, credit reports and psychological reports that support your claim of harm caused by the data breach.
Writing The Letter of Claim
A Letter of Claim is a notification to the controller or processor (the defendant) that you intend to make a claim against them. This letter should contain the following information:
- Your name and contact details.
- The basis of the complaint and request for compensation including times, places and details about the circumstances of the data breach.
- Details of the harm you suffered.
You need to supply the defendant with this information to formally start the claim. This letter needs to be responded to by them within 14 days of receipt.
Defendant’s Response To The Letter of Claim
The defendant’s response should include:
- Any other information relevant to the data breach issue as well as any other information necessary to identify the data subject.
- The data controller’s details.
- Information about what personal or sensitive information was involved (including details of any special category data).
- Details about how the data was processed.
- The duty (or duties) which are claimed to have been breached and how.
- Reasons for why any particular data should not have been processed.
- Details on the types of damage caused (or likely to be caused) by the data breach.
- Details on any entity that will bring a claim on behalf of the claimant.
What Is Alternative Dispute Resolution For Data Breach Claims?
Alternative Dispute Resolutions are other ways that an agreement can be reached about the data breach claim without going to court.
- Firstly, it’s important to communicate with the controller and/or processor to try and reach a satisfactory resolution.
- You can complain to the ICO. They cannot pay compensation but they could investigate the data breach issue and provide findings that might be useful going forward. It also sends a message to the defendant that your claim is serious.
- Mediation is offered as part of some court processes after launching a claim. So it can be beneficial for a third party to get involved and try to help find a resolution.
Will My Data Breach Claim Need To Go To Court?
Usually, data breach compensation claims only need to go to court as a last resort. Although you have the right under data protection law to take a case further, solicitors acting on your behalf will strive to avoid the expense and stress of a court hearing. But if it does need to go to court, the process is as follows:
- The courts will want to see what steps were taken by you and the defendant to settle the claim.
- The defendant may offer compensation at any point which you are free to accept or decline.
- Following the Pre-Action Protocol could help avoid going to court. These are steps and actions that the courts will need to satisfy themselves have been carried out before the case had to be heard.
If you have any questions about the data breach claims process, please speak to a member of our advisory team.
Can A Solicitor Help Me With The Data Breach Compensation Process?
You don’t have to face the data breach claims process alone. A skilled data breach solicitor can bring enormous benefits to the smooth running of your claim. They have the expertise to calculate compensation fully and help you gather the relevant evidence to support your argument. In addition to this, they can negotiate the best possible settlement for you and represent your claim in a professional and organised way at all times.
The data breach solicitors on our panel offer eligible claimants a type of No Win No Fee agreement to get started. Typically, a Conditional Fee Agreement (CFA) is used which means:
- No upfront or ongoing solicitors fees are required to start work.
- Claims that are unsuccessful require no solicitors fees to be paid for completed services.
- A data breach claim that settles in your favour means a success fee is owed to your lawyers.
- This is a percentage amount taken from the compensation but is capped by law. Because of the cap, almost all of the compensation still goes to you.
It costs nothing and carries no obligation to find out if a data breach solicitor could help. Simply speak to our advisors for a case assessment and if the data breach claim has merit, they could connect you with a solicitor from our panel today:
- Call us on 0208 050 3051 to chat about how data breach solicitors could help you.
- Use the live chat feature at the bottom of the screen
- Or, contact us online.
Learn More About The Data Breach Claims Process
We hope this guide on the data breach claims process has been useful. These other guides offer more free legal information on the topic:
- This guide explores what types of personal data breaches you can claim compensation for.
- Claim compensation in an email data breach.
- Also, if a company is sharing your personal information without consent, read how to make a data breach claim.
External links
- Read how to stay safe online from the National Cyber Security Centre.
- More information and guidance about data protection laws from the government.
- Lastly, some data security incident trends from the ICO.
Lastly, we appreciate the time you’ve taken to read this guide on the data breach compensation claims process. For any further help or information after a harmful data breach occurs, our dedicated advisors are standing by to help.
