If your personal data has been compromised, you may be asking ‘who do you report a data breach to?’ and ‘can I get compensation for a data breach?’ This guide will provide information on this topic, and aim to answer any questions you may have about reporting a data breach.
Who do you report a data breach to?
Certain personal data breaches must be reported to the Information Commissioner’s Office (ICO). This is an independent public body that ensures the information rights of the public are upheld.
Reporting a data breach and claiming compensation for the damage it causes are two different processes. You do not necessarily need to report the incident in order to be eligible for compensation, however, it can help your claim. Keep reading for more information about these topics or, alternatively, contact our advisers for a free consultation:
- Call our team at 020 8050 3051
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- Request a call back via our ‘Contact Us’ form
Choose A Section
- When Are You Eligible To Make A Data Protection Breach Claim?
- Who Do You Report A Data Breach To?
- What Compensation Could You Receive From A Breach Of Data Protection Claim?
- Potential Evidence That Could Help You Receive Data Breach Compensation
- What Are The Benefits Of Using Our Panel Of Data Breach Solicitors On A No Win No Fee Basis?
- Who Do You Report A Data Breach To? – Learn More
When Are You Eligible To Make A Data Protection Breach Claim?
Two main pieces of legislation dictate data protection law in the UK. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Personal data breaches are defined as a security incident that leads to unlawful or accidental loss, alteration, destruction, disclosure of or access to an individual’s personal data. Some examples include:
- Accidental destruction of personal data
- Unlawful access to secure servers, which could lead to a credit card data breach
- Mistaken disclosure of health information, which could lead to a hospital data breach
Personal data is information that could identify an individual alone or identify them in tandem with other data. Examples can include your name, address, postal address, personal email address, or passport data.
Not every instance of a data breach will form a valid basis for a claim. To receive compensation, you must be able to show that:
- The controller or processor’s failings caused the breach
- The breach involved your personal data
- You suffered emotional or financial harm
A data controller makes the major decisions regarding the use of your personal data. A data processor processes your personal data by following the controller’s instructions.
In the next section, we will provide more information about the question ‘who do you report a data breach to’ and what you should do if your data is breached.
Who Do You Report A Data Breach To?
If you discover that your personal data has been breached, you may be wondering, ‘who do you report a data breach to?’ To start, you can contact the organisation and find out if a breach has occurred.
If you have not received a satisfactory response within three months, you can take your complaint to the ICO. They can investigate the potential breach. The incident does not necessarily need to be reported to the ICO to start a claim.
The process is slightly different if a data controller or processor discovers a personal data breach has occurred. From the moment of discovery, the organisation has 72 hours to report the incident to the ICO if the breach is likely to impact the freedoms and rights of the data subjects. If the incident meets this threshold, they must inform the affected individuals without undue delay, and the ICO within 72 hours.
Our advisors can answer the question ‘who do you report a data breach to’ and offer advice for reporting a UK GDPR data breach. Additionally, they can offer free legal insight into the evidence that could support a claim and the compensation you could receive.
What Compensation Could You Receive From A Breach Of Data Protection Claim?
The compensation awarded for a personal data breach can include payment for both non-material and material damage. The first of these, non-material damage, is any psychological or emotional harm you experienced because of the personal data breach.
To assess how much compensation a claim could receive for this type of harm, data breach solicitors will usually consult the award brackets found in the Judicial College Guidelines (JCG).
| Injury | Judicial College Guidelines Brackets | Further Information |
|---|---|---|
| Severe Psychiatric Harm | £54,830 to £115,730 | Prognosis is poor regarding ability to cope with certain aspects of life, such as education, work, and relationships. |
| Moderately Severe Psychiatric Harm | £19,070 to £54,830 | Prognosis is more optimistic regarding the aspects mentioned above. |
| Moderate Psychiatric Harm | £5,860 to £19,070 | Prognosis is good regarding the aspects mentioned above. |
| Less Severe Psychiatric Harm | £1,540 to £5,860 | Overall award partly based upon the length of time disability is experienced. |
| Severe Psychological Reaction To Trauma | £59,860 to £100,670 | Effects that are permanent in nature and prevent the individual from functioning at pre-trauma levels. |
| Moderately Severe Psychological Reaction To Trauma | £23,150 to £59,860 | Effects that are likely to be significant in nature with a better overall prognosis. |
| Moderate Psychological Reaction To Trauma | £8,180 to £23,150 | Effects that are likely to continue without being grossly disabling. |
| Less Severe Psychological Reaction To Trauma | £3,950 to £8,180 | Effects that are likely to be minor with an overall, virtual complete recovery over a period of 2 years. |
These figures are only guidelines because your circumstances could alter how much compensation for distress and financial damage can receive.
Can I Claim Material Damage Compensation?
Material damage is any financial loss you incurred as a result of the personal data breach. This could include money taken from your bank account or an impact on your credit score.
Contact our advisors to find out more about data breach compensation.
Potential Evidence That Could Help You Receive Data Breach Compensation
Certain pieces of evidence can be used to support your potential claim. For instance, collecting the correspondence between you and the organisation that experienced the data breach could be useful, as this can help prove who is liable for the breach and how it occurred.
Additionally, you can get an assessment of the psychological harm you experienced. A solicitor can arrange this for you, and the end result can help illustrate the extent of the damage done to your mental health.
Evidence is important in making a claim because you cannot be reimbursed for damage you did not experience. Financial evidence can include bank statements, credit reports, or invoices that illustrate that financial damage done by the breach.
Our advisors can provide information about collecting evidence for healthcare data breaches, social services data breaches, or any other area of claim that you may wish to pursue.
What Are The Benefits Of Using Our Panel Of Data Breach Solicitors On A No Win No Fee Basis?
Although legal representation isn’t necessary to begin a claim, it could benefit you to retain the services of a solicitor. For example, the solicitors on our panel may offer you a No Win No Fee agreement. Specifically, they may offer you a Conditional Fee Agreement (CFA).
Under this kind of arrangement, you typically will not pay any upfront fees or ongoing costs to your solicitor. Also, your solicitor won’t charge for their services if your claim fails.
Instead, if a claimant is successfully awarded data breach compensation, No Win No Fee solicitors will take a success fee at the end of the process. This amount is legally capped, so you always receive the majority of your compensation.
Want To See If You Could Receive Data Breach Compensation? Contact Us For Free Today
You can speak to our advisors if you’d like to know more about how to report a data protection breach or the benefits of hiring data breach solicitors with a No Win No Fee agreement. This consultation is free, as is the legal advice provided by our advisors. If our team find that your case has a chance of succeeding, they may pass you on to a solicitor from our panel. To find out more:
- Call our team at 020 8050 3051
- Speak to our advisers using the chatbox below
- Request a call back via our ‘Contact Us’ form
Who Do You Report A Data Breach To? – Learn More
Related guides that may help:
- Medical Records Data Breach – Can I Claim?
- Bank Data Breach – A Complete Guide To Claims
- How To Claim For Incurred Costs From A Data Breach
Other resources with related information:
If you would like to learn more about who to report a data breach to, contact our team today.
Writer Morgan Future
Publisher Cat Harley