Our guide aims to provide you with information on how to claim personal data breach compensation. Below, we will explain who could be eligible to launch a data breach compensation claim and the various steps you may need to take throughout the claims process.
What Types Of Incidents Could Lead You To Claiming Personal Data Breach Compensation?
The following sections look at what legislation is in place to outline the responsibilities different parties have to protect the personal data of UK citizens. We’ll also examine some scenarios where a failure to uphold their responsibilities could lead to a breach which compromises your personal data through human error or a cyber security incident.
Our guide will also provide an idea of the compensation amounts that can apply in a successful claim and the evidence that could help to support your case.
In conclusion, we explore the advantages of working with a No Win No Fee data breach solicitor from our panel.
To learn more, you can:
- Call our friendly advisors on 020 8050 3051
- Contact our team to ask for a free callback.
- Use our live discussion feature below.
Go To A Section
- Eligibility Criteria To Claim Personal Data Breach Compensation
- What Types Of Incidents Could Lead To You Claiming Personal Data Breach Compensation?
- How Much Compensation Could You Get From Data Breach Claims?
- What Could Help You Claim Data Breach Compensation?
- Claim For A Data Breach On A No Win No Fee Basis
- Learn More About What Counts As A Data Breach
Eligibility Criteria To Claim Personal Data Breach Compensation
To have eligible grounds to start a personal data breach compensation claim, there are three important criteria to meet. You need to show that:
- A data controller, responsible for setting the means and purpose for processing, or a data processor, responsible for acting on behalf of the controller, didn’t follow data protection legislation.
- Due to the wrongful conduct of a processor or a controller, a breach happened involving your personal data.
- As a consequence, you suffered financial and/or psychological harm.
It’s important to understand that personal data is information that can be used to identify you either directly or indirectly when used in conjunction with other information. This can include your name, address, date of birth, email address, phone number and National Insurance number.
Also, special category data, another type of personal data, requires extra protection because of it being sensitive in nature. This can include data that concerns your health or that reveals your racial or ethnic origin.
Two main pieces of legislation called the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) set out the ways in which controllers and processors need to store, handle, and process personal data.
These are enforced by the Information Commissioner’s Office (ICO) which is the independent body set to uphold information rights.
The ICO also define a personal data breach as a scenario where the availability, confidentiality or integrity of your personal data is compromised in a security breach.
To find out whether you could be eligible to make a personal data breach compensation claim, call an advisor on the number above.
What Types Of Incidents Could Lead To You Claiming Personal Data Breach Compensation?
There are several ways in which a personal data breach could occur. For example:
- Your personal data could be breached after an online retailer failed to ensure they had adequate cyber security systems in place and this enabled cyber criminals to hack their database.
- Human error could give rise to a data breach at a bank when, despite holding the correct information about you, they send your credit card to the incorrect address.
- Staff at a GP surgery may discuss your medical records to unauthorised parties and a breach arises through verbal disclosure.
- A school or university might send details about a counselling appointment to the wrong email address. As a result, your personal data is compromised in an email data breach.
Please get in touch with our team to discuss the circumstances of your particular case and find out if you could make a personal data breach compensation claim.
How Much Compensation Could You Get From Data Breach Claims?
Personal data breach compensation can be awarded to address the psychological harm you experienced due to the breach. This is referred to as non-material damage and can include depression, anxiety and general distress because of a data breach. Also, it can include post-traumatic stress disorder (PTSD) in more severe cases.
To calculate the value of your mental injuries, legal professionals can consult a publication called the Judicial College Guidelines. This contains a list of guideline award brackets for different injuries. We provide an excerpt below to illustrate. Please only use these as a guide, however, because each payout will differ based on your specific case.
JCG Guidelines
| Type of Harm | Severity | Notes | Award Bracket Guidelines |
|---|---|---|---|
| Psychiatric Damage | (a) Severe | Marked problems and a very poor prognosis. | £54,830 - £115,730 |
| (b) Moderately Severe | Significant problems but a better prognosis. | £19,070 - £54,830 | |
| (c) Moderate | A significant improvement and good prognosis. | £5,860 - £19,070 | |
| (d) Less Severe | How long and how much is affected will be taken into consideration when valuing the award. | £1,540 - £5,860 | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | Permanent effects that stop the person from functioning at the same level prior to the trauma. | £59,860 - £100,670 |
| (b) Moderately Severe | A better prognosis due to some recovery from professional help. However, there is still likely to be a significant disability for the ongoing future. | £23,150 - £59,860 | |
| (c) Moderate | A large recovery with any ongoing issues not being majorly disabling. | £8,180 - £23,150 | |
| (d) Less Severe | A full recovery (virtually) within 2 years and only minor issues persisting beyond this timeframe. | £3,950 - £8,180 |
Claiming Material Loss In A Data Breach Compensation Claim
You could also be awarded compensation for the financial expenses and costs that you have experienced because of the data breach. This is material damage.
For example, if your debit or credit card details have been compromised in a breach, it could result in loans being taken out in your name, or money stolen from your account.
Evidence can help support your claim for these losses, such as bank statements showing funds stolen from your bank account.
For more guidance on the compensation you could be awarded for a personal data breach, please contact an advisor on the number above.
What Could Help You Claim Data Breach Compensation?
There are several pieces of evidence that could help support your personal data breach compensation claim. For example:
- Any correspondence from the organisation detailing how the breach occurred and what information was compromised. This can include letters or emails.
- Medical reports that illustrate the psychological damage you have suffered because of the breach.
- Receipts and invoices showing other financial costs associated with the data breach.
A data breach solicitor can assist you with the collection of evidence to support your claim. To learn more, please speak with our team using the contact details above.
Claim For A Data Breach On A No Win No Fee Basis
A solicitor could assist you in making a personal data breach compensation claim. For example, they can offer services such as:
- Gathering relevant supporting evidence.
- Providing regular status updates on your claim.
- Explaining complex legal jargon.
- Valuing your settlement.
The data breach solicitors on our panel offer services similar to these on a No Win No Fee basis. As such, they could offer you a Conditional Fee Agreement (CFA) which means, generally, you won’t pay upfront or ongoing fees for the solicitor’s work.
Should the case win, a small success fee is deducted from your compensation. This is taken as a percentage which has a legal cap. If your case fails, you won’t pay this fee to your solicitor.
Our team can start your claim evaluation and clarify your eligibility. They can also offer free legal advice on any aspect of the claim process when you get in touch. Simply:
- Call to learn more on 020 8050 3051
- Use our online contact form to request a callback.
- Use the facility for live chat below.
Learn More About What Counts As A Data Breach
Below are some more helpful articles on data breach compensation:
- Learn if you can claim for a data breach on social media.
- Read about making a claim after a HR department data breach.
- Find out how to seek compensation after a passport data breach.
In conclusion, these external resources may help:
- GOV.UK – Data Protection
- ICO – Make a complaint
- National Cyber Security Centre – Information about individuals and families
If you have any other questions about seeking personal data breach compensation, please contact an advisor on the number above.
Writer Jeff Walker
Editor Meg Monsoon