Last Updated On 18th November 2024. This guide will explain how you can seek a settlement after suffering harm due to a human error data breach.
In this article, we will discuss data breach compensation examples and explain how to report a data protection breach.
Alongside this, we aim to answer questions such as ‘how much compensation can you get for a breach of the UK GDPR?’ and ‘how long do I have to report a data breach?’
We will also explain what constitutes a data breach and who can claim under the criteria set out by data protection legislation.
You can also learn about the benefits of No Win No Fee agreements. Our advisors can connect you with our panel of solicitors on a No Win No Fee basis if you have a valid claim. To learn more, keep reading or reach out to our advisors by:
- Call 020 8050 3051
- Message us through the live chat
- Contact us online
Choose A Section
- Can I Claim For A Human Error Data Breach? – A Guide
- Human Error Data Breach – What Is One?
- What Could I Do After A Human Error Data Breach?
- Data Breach Compensation Calculator – Potential Compensation Payouts
- Why Claim On A No Win No Fee Basis?
- Learn More About Claiming For A Data Breach
Can I Claim For A Human Error Data Breach? – A Guide
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) outline the rules and regulations that organisations and companies must follow when handling the data of UK residents. Under this legislation, the parties that may handle your data are:
- Data controllers: Decide how and why they use your data.
- Data processors: Process the data on the controller’s instruction.
In order to make a claim for data breach compensation, you must have proof that you suffered harm as a result of the breach and that the breach was a result of the processor or controller’s wrongful conduct. We will discuss these circumstances further in this guide.
Any information that identifies you is personal data. This can range from your full name to your biometric data, and as a result, personal data can be found in many places, ranging from a pharmacy prescription to your passport.
A personal data breach is a security incident that causes the loss, alteration, destruction, disclosure or access to your personal information. This can occur both accidentally and unlawfully.
Continue reading to learn how to claim compensation for your human error data breach claim.
Human Error Data Breach – What Is One?
A human error data breach occurs when the security, integrity, or availability of personal data is affected by an accident or mistake made by an employee or individual.
As we have already noted, not every instance of a personal data breach can become a claim. This is because the UK GDPR sets out specific criteria that the breach must meet to make you eligible to claim. In order to claim you must prove that:
- The breach includes your personal data
- The breach has caused you to suffer harm
- Failings on the data processor or controller’s behalf caused the breach
Some examples of how wrongful conduct could lead to a human error data breach incidents may include:
- Your employer discusses personal data from your disciplinary records with an unauthorised third party in the workplace.
- Files containing your personal details are left unattended and unsecured. This allows a third party to steal these files.
- A receptionist sends an email that contains personal data, such as GP or hospital appointment information or medical records, to the wrong email address.
- An organisation does not update their cybersecurity systems, allowing cybercriminals to steal information from their networks.
What Could I Do After A Human Error Data Breach?
You may be approached by the organisation informing you that a breach has occurred. Alternatively, you may discover the data protection breach yourself. In this circumstance, you can make a complaint to the organisation and present your findings. You can also ask for more information on the suspected breach.
If you haven’t received a satisfactory response from the organisation within three months of your last meaningful contact, you can report the breach to the Information Commissioner’s Office (ICO). The ICO is an independent body based in the UK and responsible for enforcing data protection legislation.
The ICO can impose fines on organisations founds to be in breach of data protection law. However, they do not provide compensation. To learn more about seeking compensation for a human error data breach, contact our team today.
Data Breach Compensation Calculator – Potential Compensation Payouts
You may suffer from psychological injuries after a personal data breach. This can include emotional distress, depression, and anxiety. UK data protection legislation allows you to seek compensation in the form of non-material damage for these injuries.
The Judicial College Guidelines (JCG) is a publication used by data breach solicitors to value claims. We’ve added a compensation table below highlighting some of the figures from the JCG that may relate to your claim.
| Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Very Severe Mental Damage and Material Damage | Very Sereve | Up to £250,000 or more | Settlements could include compensation for mental harm in addition to costs, such as relocation expenses and therapy. |
| Psychological Damage (a) | Severe | £66,920 to £141,240 | Symptoms are severe and permanent, and affect the ability to cope in daily life. This leads to a prognosis that is very poor. |
| Psychological Damage (b) | Moderately Severe | £23,270 to £66,920 | The symptoms that fall under this bracket are similar to the above, though there is a more optimistic prognosis. |
| Psychological Damage (c) | Moderate | £7,150 to £23,270 | A good prognosis reflects the significant improvement in symptoms by trial. |
| Psychological Damage (d) | Less Severe | £1,880 to £7,150 | Consideration for this award is given to the length of time the claimant is affected and the effect symptoms have on daily life. |
| Post-Traumatic Stress Disorder (PTSD) (a) | Severe | £73,050 to £122,850 | All areas of life will be negatively affected, preventing any function or working at the pre-trauma level. |
| Post-Traumatic Stress Disorder (PTSD) (b) | Moderately Severe | £28,250 to £73,050 | The chance of some level of recovery through professional treatment illustrates a good prognosis. |
| Post-Traumatic Stress Disorder (PTSD) (c) | Moderate | £9,980 to £28,250 | Most injuries can be recovered from, with any continuing effects being non-disabling. |
| Post-Traumatic Stress Disorder (PTSD) (d) | Less Severe | £4,820 to £9,980 | Only minor symptoms will remain after a two-year recovery period. |
These figures are guideline amounts only and relate to non-material damage. Keep reading to learn what else you could claim following a human error data breach, or contact our advisors to learn more.
What Other Damages Could You Claim For After A Data Protection Breach?
As part of your human error data breach claim, you can be compensated for material damage. What this means is certain financial losses you experience as a result of the data breach can be reimbursed.
For example:
- Loss of earnings due to time taken off work.
- Medical expenses stemming from psychological distress such as therapy, prescriptions or other treatment.
- The cost of relocation if your address has been compromised.
- Security installations to your home.
Make sure you provide evidence of any material damage. This can be your payslips, prescription letters, receipts for security installations and other documents that show what losses occurred.
To find out more about human error data breach compensation settlements are calculated, contact our advisors today.
Why Claim On A No Win No Fee Basis?
You may be interested in working with a No Win No Fee data breach solicitor for your claim. A solicitor from our panel could represent you through a Conditional Fee Agreement (CFA).
Usually, a CFA solicitor will not require ongoing fees or upfront costs and will only charge for their services if your claim succeeds. In this case, they will take a success fee from your awarded compensation. This fee is taken as a percentage, and it is legally capped.
To learn more about how a No Win No Fee solicitor from our panel could help you make your claim, get in touch with our advisors today.
Contact Us Today To See If You Can Claim For A Data Protection Breach
Our team of expert advisors can provide free legal advice and free consultation in which they can identify whether you have a valid claim. If you do, they may connect you with a solicitor from our panel.
To learn more, get in touch:
- Use the live chat to connect with an advisor
- Call us on 020 8050 3051
- Contact us on our website
Learn More About Claiming For A Data Breach
We’ve attached some resources to other relevant websites.
- GOV – Statutory Sick Pay (SSP).
- ICO – Data security incident trends
- GOV – Make a complaint
You can see more of our guides here.
- Trade union membership data breach claims
- Tips for making an airline data breach claim
- Could I receive compensation for a social services data breach?
If you have any more questions about making a human error data breach claim, contact our team today.
