By Stephen Yutani. Last Updated 18th September 2024. This guide provides examples of the data breach compensation you could receive if your personal information has been compromised following a breach of data protection. We will also discuss the eligibility requirements you must meet in order to claim and useful evidence you can obtain to support your case.
There are certain pieces of legislation that outline the responsibilities certain entities have to protect your personal data. We will discuss this further in our guide as well as looking at how your data could be breached if these laws are not adhered to.
Keep reading to learn more about how to claim compensation for a data breach. You can also direct your questions to an adviser. They can offer free legal advice regarding your potential claim. To reach them, you can:
- Fill in our ‘Contact Us’ form
- Phone 020 8050 3051
- Talk to our team via the onscreen chat
Choose A Section
- What Are Potential Examples of Data Breach Compensation?
- When Are You Able To Make A Data Protection Breach Claim?
- Evidence That Could Help You Receive Compensation For A Data Breach
- Why Use Our Panel Of No Win No Fee Data Breach Solicitors?
- Learn More About Claiming For A Breach Of Data Protection
What Are Potential Examples of Data Breach Compensation?
You may be seeking examples of data breach compensation if you are eligible to bring forward this type of case. A settlement for this type of claim may include compensation for non-material damage and material damage. You could be eligible to receive compensation for either one of these things or both.
Non-material damage refers to the psychological repercussions you’ve experienced following a breach of your personal data. Those who value a data breach claim for non-material damage may consult the Judicial College Guidelines (JCG). This document includes compensation amounts for different types of psychological injuries which may be covered by a data breach claim. The table below includes some of the JCG figures which you can view for guidance purposes regarding non-material damage. Please note that the first entry is not taken from the JCG.
| Harm | Notes | Guideline Compensation Amount |
|---|---|---|
| Severe Psychological Harm And Financial Losses | If you have experienced severe psychiatric harm as well as financial losses because of a personal data breach, then your compensation payout could cover both of these things. | Up to £250,000+ |
| Psychiatric Condition (General) | Severe - Prognosis is poor due to problems coping with life in general, relationships, work, and education. | £66,920 to £141,240 |
| Psychiatric Condition (General) | Moderately Severe - Prognosis is much more optimistic in relation to the problems mentioned above. | £23,270 to £66,920 |
| Psychiatric Condition (General) | Moderate - Prognosis is good in relation to the problems mentioned above. | £7,150 to £23,270 |
| Psychiatric Condition (General) | Less Severe - Considers length of time a disability is experienced. | £1,880 to £7,150 |
| Post-traumatic stress disorder | Severe - All aspects of life badly affected by permanent effects. | £73,050 to £122,850 |
| Post-traumatic stress disorder | Moderately Severe - Better overall prognosis when professional help is sought for recovery. | £28,250 to £73,050 |
| Post-traumatic stress disorder | Moderate - Large degree of recovery, perhaps with ongoing effects that aren't overly disabling. | £9,980 to £28,250 |
| Post-traumatic stress disorder | Less Severe - Full or nearly full recovery within 1-2 years, with only minor symptoms ongoing. | £4,820 to £9,980 |
Material damage relates to the monetary losses you experienced because of a data breach. For example,if you need to relocate due to the breach of your personal data, you could recover your moving costs. You should gather evidence, such as bank statements and invoices, in order to claim for any financial losses caused by a breach of your personal data.
Contact us for free today to get more advice on data breach compensation examples.
When Are You Able To Make A Data Protection Breach Claim?
Two pieces of legislation, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), outline the responsibilities those processing your personal data must uphold.
Under data protection law, entities known as data controllers and processors must uphold certain standards while processing individuals’ personal data. To explain:
- A data controller makes decisions regarding how and why to process personal data. They can also process the data themselves.
- A data processor acts on behalf and under the instruction of a data controller in order to process the data
If they fail to adhere to data protection law, their failings could result in a personal data breach. A breach of personal data is a security incident that affects the confidentiality, availability, or integrity of your personal information.
Personal data is defined as information that could be used to identify a living individual, either by itself or when processed in combination with other data. This could include your IP address, birth date, or salary.
You may be able to claim compensation if you can prove the failings of a data processor or controller led to data breach which compromised your personal data. You must also have experienced psychological harm or financial loss as a result.
To discuss examples of data breach compensation payouts that could be awarded after a successful claim, get in touch on the number above.
Examples of Data Protection Breaches
There are several ways a breach of data protection could occur, such as:
- An airline could fail to update its security systems in a timely manner resulting in an airline data breach that reveals customers’ passport data.
- Your GP could forward an appointment confirmation letter to the wrong address leading to a medical records data breach in which information about a medical condition is revealed.
- A website data breach could compromise your personal information after adequate security was not installed on the site.
- An email data breach could occur after a company sent your personal information to the wrong email address.
Speak to our advisers to discuss the types of personal data breach you can claim for.
Evidence That Could Help You Receive Compensation For A Data Breach
If your data is breached, you can gather evidence to support a possible future claim. This could include:
- Letters, emails and notifications sent to you by a data controller/processor
- Medical appraisals assessing the psychological harm you experienced
- Financial records demonstrating the material damage the breach caused
Evidence can be a very important aspect of data breach claims. Contact our advisers for insight about the evidence that may help.
Why Use Our Panel Of No Win No Fee Data Breach Solicitors?
Though legal representation isn’t required to claim, data breach solicitors can provide useful services during the process. For instance, they can help:
- Collect evidence
- Build your case
- Ensure the claim is filed within the relevant time limit
- Use examples of data breach compensation payouts to help them value your claim.
What’s more, the No Win No Fee solicitors on our panel could offer these services under a Conditional Fee Agreement (CFA). This type of No Win No Fee arrangement means you don’t have to pay ongoing fees. Additionally, you generally don’t have to pay for their services if your claim fails.
Instead, your solicitor will take a success fee from the compensation you are awarded. This amount is subject to a legislative cap, so you always receive the majority of this payout.
Contact Us
Speak to our team to discuss examples of data breach compensation payouts that could be awarded following a successful claim. Our advisers can offer a free consultation about your potential data breach claim, discussing any information you’d like to ask about. To get in touch, you can:
- Fill in our ‘Contact Us’ form
- Phone 020 8050 3051
- Talk to our team via the onscreen chat
Learn More Claiming For A Breach Of Data Protection
Below, you can find more of our guides:
- What Is A Data Breach And Can I Claim Compensation?
- University Data Breach – Can I Claim?
- Pharmacy Data Breach – Can I Claim Compensation?
Related information from third parties:
- Data Breaches – Guidance from the National Cyber Security Centre (NCSC) about data breaches
- Make A Complaint – Government resource about complaints regarding potential data breaches
- How To Respond – Guidance from the Information Commissioner’s Office on how to respond to a data breach
Thank you for reading this guide on examples of data breach compensation. If you still have questions, contact us using the provided information.
