Are you looking for information about claiming pension data breach compensation? You may have received a letter of notification from your pension provider that a data breach has occurred and your personal data was affected. If so, this guide could help as it will discuss who is eligible to start a claim for compensation if you were harmed by the breach.
Certain parties must adhere to the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) in order to protect your personal data. As we move through our guide, we look at these data protection laws in more detail and give some examples of how a pension data breach could arise if there is a failure by specific parties to adhere to them.
After this, we explain the steps you can take to build a claim for the financial damage and/or emotional harm caused by a data breach. We also explain how compensation is valued and what a payout could comprise.
To conclude, we look at the advantages of instructing a data breach solicitor from our panel to help you with your compensation claim.
Data breach claims can seem complex so if you have any questions, our team can help. You can reach out to an advisor for free and they can offer information and answer your questions. They’re available 24/7, so you can get in touch today using the contact details below:
- Call the team on 020 8050 3051
- Use our live feature below to get started.
- Contact us online.
Jump To A Section
- When Are You Eligible To Claim Pension Data Breach Compensation?
- How Could You Suffer From A Pension Data Breach?
- What Could You Do After A Pension Data Breach?
- How Much Pension Data Breach Compensation Could I Receive?
- Claim Data Breach Compensation Using A No Win No Fee Solicitor
- Read More About Pension Data Breach Claims
When Are You Eligible To Claim Pension Data Breach Compensation?
Personal data is a term used for any information that can identify you, such as your name, postal address, email address, or bank details. Two parties, known as data controllers and data processors, have a responsibility to protect your personal data under data protection laws; the UK GDPR and DPA 2018.
Controllers set the purpose and means for processing your personal data. They can process it themselves but they can also outsource the task to an external organisation known as a data processor. Processors act on behalf of the controller.
A pension company responsible for determining the purpose for which your personal data is processed would be classed as a data controller. A pension administrator, however, may be classed as a data processor. If either fail to uphold their obligations under data protection legislation, it is wrongful conduct. This could then result in a personal data breach either through human error, a cyber attack or deliberate action.
The Information Commissioner’s Office (ICO) is the independent body set up to uphold information rights and freedoms of data subjects in the UK. They define a personal data breach as a security incident that affects the integrity, confidentiality and availability of someone’s personal data.
In order to claim compensation for a personal data breach, you need to prove the following:
- The data controller or processor failed to adhere to data protection laws.
- Due to their wrongful conduct, your personal data was compromised in a breach.
- Because of this, you suffered financial and/or emotional harm.
You also need to ensure you start legal proceedings within the time limit for data breach claims. This is generally 6 years but can be reduced to 1 year if the claim is against a public body.
Call the number above for further guidance on pension data breach compensation claims.
How Could You Suffer From A Pension Data Breach?
Pension companies may hold different kinds of personal data. As mentioned, this is any information that can be used to identify you, such as your contact details, National Insurance number, and date of birth. It could also include some financial information, such as your bank account, credit card or debit card details.
There is also special category data which is more sensitive information that needs extra protection. Examples can include biometric data where used for identification purposes and data revealing your racial or ethnic origin.
A pension data breach affecting different types of personal data could arise in the following ways:
- Employees at the pension provider could send a letter or email containing sensitive data to the wrong email or postal address. As a result, you suffer distress and anxiety.
- Poor cyber security at the pension provider could result in a cyber attack that involves your personal data. This could cause a financial loss.
- Paperwork is lost or stolen that contains your pension contribution details. As a result, unauthorised parties access this information causing both financial loss and mental harm in the form of stress.
If you’re eligible to pursue your claim and you succeed in seeking pension data breach compensation, a payout could be awarded to address the impacts of the breach.
Get in touch with our team using the number above for further guidance.
What Could You Do After A Pension Data Breach?
You may be asking ‘What should I do if my data is breached?‘. There are several steps you can take, including gathering evidence to strengthen your pension data breach compensation claim. We have provided further details on the potential steps you could take below:
- Contact the organisation if you suspect your personal data has been affected. You can do this via email or letter. Alternatively, you might have already been contacted by the organisation informing you of a personal data breach. They must do so without undue delay either via letter or email. You could then contact them for further clarification. You can keep a copy of all this correspondence to strengthen your case.
- Make a complaint to the ICO. If you have contacted the organisation and they haven’t responded, or they have provided an inadequate response, you could submit a complaint to the ICO. You must have attempted to contact the organisation before you do so. The ICO may choose to investigate your complaint and findings from this investigation can help support your case.
- Collect proof of any financial losses. You could provide copies of bank statements, credit reports, and wage slips to highlight the financial damage caused by the pension data breach.
- Obtain proof of psychological harm. You could request a copy of your medical records or a report from a specialist to highlight any mental damage.
If you are eligible to proceed with your claim, you could instruct a solicitor to assist you with these steps. The solicitors on our panel have experience handling data breach claims and can help you build a strong case.
Call the number above for further guidance on how a solicitor could help you.
How Much Pension Data Breach Compensation Could I Receive?
If your pension data breach compensation claim is successful you could be awarded compensation for two types of damage. The first is non-material damage which refers to the psychological harm caused by the personal data breach. This can include distress, anxiety, stress or depression. In more severe cases, it could include the exacerbation of pre-existing mental health conditions, such as Post-Traumatic Stress Disorder (PTSD).
When calculating a value for non-material damage, reference can be made to the Judicial College Guidelines (JCG). This helpful publication lists guideline award brackets for different types of harm, including psychiatric damage and PTSD.
Compensation Brackets
You can find a selection of figures from the JCG in the table below, with the exception of the top line. Please only use this table as a guide because claims for data breaches are unique and settlements are calculated on a case-by-case basis.
| Type of Psychological/Psychiatric Injury | Degree of Severity | Award Bracket Guidelines | Notes |
|---|---|---|---|
| Severe Psychological Injuries With Significant Financial Losses | Severe | Up to £150,000 plus | Awards such as this reflect a significant psychological/psychiatric injury caused by the data breach and substantial financial losses, such as loss of earnings. |
| General Psychological Damage | (a) Severe | £54,830 to £115,730 | There are marked problems having an impact on several areas of the person's life. The prognosis is very poor. |
| (b) Moderately Severe | £19,070 to £54,830 | Significant problems affecting several areas of the person's life but the prognosis is more optimistic. | |
| (c) Moderate | £5,860 to £19,070 | Significant improvement and a good prognosis is indicated. | |
| (d) Less Severe | £1,540 to £5,860 | The duration of the condition and the extent to how it impacted daily activities and sleep are considered when determining the award in this bracket. | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £59,860 to £100,670 | Cases involving permanent and negative effects on all aspects of the person's life. They will be unable to work at all or at least function at a pre-trauma level. |
| (b) Moderately Severe | £23,150 to £59,860 | Some degree of improvement is seen after the person has had professional counselling. Despite this, the effects caused are still likely to result in a significant disability for the foreseeable future. | |
| (c) Moderate | £8,180 to £23,150 | A substantial recovery with any persisting issues not being classed as grossly disabling. | |
| (d) Less Severe | £3,950 to £8,180 | A mostly full recovery within 1-2 years and only minor symptoms remain for a longer period. |
Material Damage In A Pension Data Breach Claim
Material damage refers to the financial losses you have experienced due to the breach of your personal data. Compensation can also be awarded for this if your claim is successful. Examples of financial losses can include:
- Damage to your credit score.
- Lost funds from your bank account or fraudulent purchases made on your credit card after banking details were breached.
- Loss of earnings from time off work to deal with the mental impact of the breach.
If you would like a more personalised estimate of what your pension data breach compensation claim could be worth, please speak to our team.
Claim Data Breach Compensation Using A No Win No Fee Solicitor
If you would like to instruct a solicitor to start your pension data breach compensation claim, get in touch. Our team can assess your eligibility to pursue compensation and could connect you with data breach solicitors from our panel who have years of expertise handling claims like this.
They offer their expert services through a Conditional Fee Agreement (CFA) which is a type of No Win No Fee contract. A CFA offers several advantages to claimants such as:
- No need to pay upfront or ongoing fees for a solicitor’s services.
- No fee to pay for completed services if the claim fails.
If the claim succeeds, you will be awarded a compensation payout. The solicitor will take a success fee from your compensation. However, this is taken as a percentage has a legal cap to ensure you receive the majority of your settlement.
To find out whether you are eligible to start a data breach claim and connect with one of the specialist solicitors from our panel, get in touch with an advisor. You can reach out via any of the contact details below:
- Call 020 8050 3051 to learn more.
- Use our live discussion feature to ask anything.
- Contact us online.
Read More About Pension Data Breach Claims
You might find these other guides useful:
- Read about claiming for the accidental destruction of your personal data.
- Learn more about what types of personal data breaches you could claim for.
- Read what to do after a mortgage broker data breach compromised your personal data.
Some external articles:
- Data breach guidance from the National Cyber Security Centre (NCSC).
- Information on making data protection complaints from GOV.UK.
- Guidance on Post-traumatic stress disorder from the NHS.
Thank you for reading our guide on pension data breach compensation claims. If you have any other questions, please reach out to an advisor via the number above.