Different Types Of Personal Data Breach You Could Claim For

By Cat Norris. Last Updated 10th September 2024. This guide will inform you about the types of personal data breach that you could be subject to. 

Whether your data was compromised through a cyber incident or through human error, you may be able to make a personal data breach claim. 

You could be wondering: 

  • What constitutes a data breach?
  • Can I get compensation for a data breach? 
  • How much compensation for psychological damage might I get? 

We will aim to answer these questions. We will also examine data controllers, the duty of care they have and how it can be breached. Alongside this, we will touch on when you can and how to claim for a data breach. 

Furthermore, we will explore data breach solicitors and how their services can significantly increase your chances of being awarded data protection breach compensation. 

To get in touch: 

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Choose A Section

  1. A Guide To The Different Types Of Personal Data Breach
  2. Different Types Of Personal Data Breach – Can I Claim?
  3. How Do I Claim Compensation For A Data Breach?
  4. What Could I Receive From A Data Breach Claim?
  5. How To Make A Data Breach Claim On A No Win No Fee Basis
  6. Learn More About The Different Types of Personal Data Breach 

A Guide To The Different Types Of Personal Data Breach

A data breach is defined as a security incident that affects the confidentiality, the integrity or the availability of a person’s personal data. Personal data is anything that can be used to identify you. For instance, your name, address, email address, or bank details.

This is safeguarded by the Data Protection Act 2018 (DPA) in conjunction with the UK General Data Protection Regulation (UK GDPR). They state there must be wrongful conduct by the data controller or processor, which has led to material or non-material damage. We will explain material and non-material damage later on in this article.

A personal data breach can occur in multiple sectors, including:

  • Medical and healthcare: a data breach can occur in hospitals, pharmacies, and other healthcare providers
  • Workplaces: HR departments have access to a wide range of personal data, such as your trade union membership and disciplinary information
  • Education: universities, schools, and nurseries can all be victims of data breaches
  • Finance: Mortgage brokers and banks, along with other financial service providers, can also experience data breaches

However, not all breaches of personal data may lead to a claim. For example, the data controller or processor may have taken all necessary steps to ensure the safety of your data, but an advanced hacker may still access their files. 

For more information on making personal data breach claims, do not hesitate to get in touch with a member of our team. They are available to offer free legal advice 24/7.

Different Types Of Personal Data Breach – Can I Claim?

Under the UK GDPR, your case must meet certain criteria in order to be valid. This criteria applies to all kinds of personal data breaches. To form an eligible claim, it must meet the following specifications:

  • Your personal data was involved in the breach
  • The breach caused you to experience harm
  • The breach occurred because of the data controller or processor’s failings

Whether or not you are eligible to claim will also depend on when the breach occurred. Generally, you will have six years to start a personal data breach claim. However, this becomes one year if you are making a claim against a public body.

For more information on the types of personal data breach you could endure, please get in touch with one of our advisors. 

How Do I Claim Compensation For A Data Breach?

You might be wondering, “how do I claim compensation for a data breach?”. Regardless of the types of personal data breach you may be subject to, the process generally stays the same. 

  • If you notice the data breach before the data controller/ processor, you should report it to them and find out exactly what personal data has been exposed. 
  • If you do not receive a satisfactory reply within 3 months, you can report the issue to the Information Commissioner’s Office (ICO) and ask them to investigate.
  • It may be useful to gather as much evidence as possible to support your case. This can be the correspondence between yourself and the data controller or processor about the data breach or evidence of the harm you suffer.
  • Finally, you can seek legal advice. Our advisors can provide free legal advice and more help.

For more information on how to make a data protection breach claim for various types of personal data breach, please get in touch with our team. 

What Could I Receive From A Data Breach Claim?

Now we’ve talked about what constitutes a data breach and the types of personal data breach that you could claim for, let’s explore compensation.

Generally, there are two types of harm that you can claim compensation for following a data breach; material damage, and non-material damage. First, we’ll explore non-material damage.

This essentially means damage to your mental health. A data breach can result in a variety of psychological consequences, including depression, anxiety, and post-traumatic stress disorder (PTSD).

A data breach can also exacerbate existing mental health conditions; for example, if you have PTSD as a result of an abusive relationship, a data breach that reveals your current address could exacerbate any existing anxiety or PTSD.

The Judicial College Guidelines (JCG) are used to help solicitors and other professionals value your claim. This document contains a wide range of injuries and illnesses, including psychological injuries, and provides guideline compensation brackets to go alongside them.

Below, you can take a look at some examples of these guideline compensation brackets. It’s important to note that the figures in this table are guideline amounts only, not fixed amounts, and the first entry is not from the JCG.

Injury SeverityCompensation BracketDetails
Severe Mental Harm And Special DamagesSevereUp to £250,000+Combined effects of severe mental harm and financial losses, like lost earnings.
Mental harm Severe£66,920 to £141,240Unable to deal with life due to severe and permanent symptoms.
Mental harm Moderately Severe£23,270 to £66,920Considerable issues coping with typical life activities, for example, education or work with potential for future vulnerability.
Mental harm Moderate£7,150 to £23,270Despite there being issues coping with life, education or work with the potential of future vulnerability, there has been sizeable improvement by trial and the prognosis will be good.
Mental harm Less Severe£1,880 to £7,150The timescale of disability and the severity to which daily activities and sleep were impacted will determine the compensation.
Post-traumatic stress disorder (PTSD)Severe£73,050 to £122,850Severe, permanent symptoms result in an inability to function work at the pre-trauma level.
Post-traumatic stress disorder (PTSD)Moderately Severe£28,250 to £73,050A more positive prognosis will be gained after receiving professional help.
Post-traumatic stress disorder (PTSD)Moderate£9,980 to £28,250Non-disabling symptoms continue despite the injured person having nearly fully recovered.
Post-traumatic stress disorder (PTSD)Less Severe£4,820 to £9,980A near full recovery has been made within 1-2 years.

Material damage refers to the financial damage caused by the breach. For example, if you have had to relocate because your address was revealed in a data breach, the cost of this could be covered under material damage compensation.

This heading can also help you cover the cost of:

  • Prescription medications
  • Counselling and therapy
  • Lost earnings, if you had to take time off work to recover from the mental effects of the breach

These are just a few examples of material damage. To learn more about claiming compensation for a personal data breach, get in touch with our team of advisors today. Or, keep reading to learn more about the claims process.

How To Make A Data Breach Claim On A No Win No Fee Basis

A No Win No Fee data breach solicitor from our panel may represent under a Conditional Fee Agreement (CFA). This means that generally, you do not have to pay for the legal services they provide if your case is unsuccessful. This means there are no upfront fees or ongoing costs.

If your claim is successful, a success fee will be deducted from your data breach claim compensation and paid to your solicitor. However, claims that do not succeed do not pay this fee.

Find out whether you are eligible by getting in touch with one of our advisors. If you are, they may connect you with a data breach No Win No Fee solicitor from our panel. 

Contact Us For Free Legal Advice Today

Our advisors are ready to answer any questions you may have. They can also provide free legal advice, and may connect you with a solicitor from our panel. To get in touch for a free consultation:

Learn More About The Different Types of Personal Data Breach

Here we have provided you with further reading regarding data breaches: 

Additionally, we have included some of our own guides that can help when considering making a data breach claim:

Thank you for reading our guide on the various types of personal data breach.