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Last Updated On 18th March 2026. A lost records data breach compensation claim is issued against an organisation in breach of data protection laws for accidentally or unlawfully losing personal records. If this causes individuals to suffer psychological distress, incur financial losses, or both, they may be eligible to pursue a claim for how this has affected them.
All organisations must adhere to the Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) to ensure data that can identify a person as the subject remains secure. They may be in breach of such laws if they mishandle or expose records through human errors or having insufficient data protection training or security platforms.
If you suffered from a lost records data breach, our excellent solicitors at Advice may help you claim the compensation you deserve for your suffering and losses. This will help you get your health, confidence and trust back on track following the data breach.
Read on to find out more about claiming data breach compensation. Alternatively, you can contact our advisors to make any enquiries, they are available 24/7, so you can contact them at any time at your convenience:
- Call 0161 509 2856
- Fill out the contact form on our page
- Use our live chat service at the bottom of this page
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Select A Section
- What Is A Lost Records Data Breach Compensation Claim?
- Who Can Make A Lost Records Data Breach Compensation Claim?
- Types Of Records Which Could Be Lost
- Are You Owed Compensation?
- How To Start A Lost Records Data Breach Compensation Claim?
- What Lost Records Data Breach Compensation Could You Claim?
- Frequently Asked Questions
- Talk To Our Team
What Is A Lost Records Data Breach Compensation Claim?
The Information Commissioner’s Office (ICO) is an independent UK body responsible for upholding information rights. It is crucial to note that they do not award compensation for damages. However, they can issue organisations a monetary penalty for not adhering to data protection law. The ICO provides key definitions for understanding a data breach:
- Data controller – The person responsible for making the decisions concerning the purposes of processing your personal data. They can also process this data themselves.
- Data processor – The person who processes your personal data. They do this on behalf of the relevant controller.
- Data breach – This is a security incident leading to the loss, destruction or alteration of your personal data in an accidental or unlawful way. It also includes your personal data being disclosed or accessed without authorisation.
- Personal data – This is any information that can be used to identify you, such as your name, phone number, email address, postal address or credit card details.
The data controller and processor must adhere to data protection law by taking reasonable steps to protect your personal data. As such, if their failings cause your personal data to become compromised and you suffer financial loss or mental harm, you may be able to claim.
Please don’t hesitate to contact our team of advisors to find out more about data breach claims. You can also head here to learn how to make a data breach claim for lost files.
Who Can Make A Lost Records Data Breach Compensation Claim?
Anyone who has suffered from a data breach caused by lost records may pursue a compensation claim, including you. However, you must meet the following eligibility requirements:
- The organisation responsible for your data breached data protection laws.
Firstly, you must prove the organisation, responsible for holding your data was in breach of data protection laws.
All organisations have a legal obligation to adhere to the Data Protection Act 2018 and the UK General Data Protection Regulations (UK GDPR). When processing your personal data, data controllers and processors must follow the guidance laid out in such laws to ensure it remains safe and secure.
If they fail to do so, this may result in your data becoming lost or stolen, placing the organisation in breach of data protection laws. For example, this may occur if a data controller performs a human error such as placing your details in the incorrect file or an organisation having an insufficient data protection system in place.
- Your personal information was lost in a data breach.
Secondly, you must prove that the organisation’s breach of data protection laws resulted in your personal records and information becoming lost.
This may include personal data such as your name and address or special category information such as your religious beliefs or medical records.
For example, your medical records may become lost in a hospital cyberattack due to insufficient data security measures or your home and employment details may become lost as HR had inadequate data protection training and failed to save it to the correct system.
- This caused you to suffer psychological harm, incur financial losses, or both.
Finally, you must prove you suffered emotional harm or financial losses as a result of your lost data.
For example, you may claim compensation for psychological harm such as stress or anxiety caused by the data breach. Alternatively, you may claim for financial losses such as home relocation costs or security costs if this was the consequence of your lost records.
You may also be compensated for both. For example, if an organisation breached your personal data resulting in it becoming lost and you suffered severe anxiety and therapy costs, you may be eligible to claim compensation for your injury and losses.
Contact our friendly advisors today for a free consultation to find out if you are eligible to pursue a lost records claim with Advice.
Types Of Records Which Could Be Lost
Below is a list of records which could be lost:
- Medical records
- Criminal records
- Employment records
- Disciplinary records
- Tax records
Data in these records could identify you. If this information is breached due to an organisations failings and causes you to suffer damages, you could pursue a lost records data breach compensation claim.
We have explored examples of how these records could be lost in the following sections.
Medical Records
Medical records can contain personal data that is classed as more sensitive meaning it needs more protection. This is known as special category data and can include information relating to your ethnicity, health, genetics.
Authorised healthcare professionals can access your medical records. However, in some cases, they could be lost.
For example, a doctor takes a patient’s records to a cafe to do some preparatory reading for a later appointment. When leaving the cafe, he forgets the medical records. This patient’s data could be accessed and used by anyone who finds it. This human error is a breach of the UK GDPR, as physical data records should be securely stored.
Criminal Records
Personal data that relates to criminal convictions and offences or other related security measures requires more protection. It is known as criminal offence data and can include information such as:
- Criminal activity
- Allegations
- Investigations
- Proceedings
However, in some cases, an organisation might fail to take steps to protect records containing criminal offence data.
For example, an employer may have carried out a check that gave them information from your criminal records. They may have left this information open on their laptop in the shared staff kitchen. As a result, another employee may have stolen these records.
Employment And Disciplinary Records
Employers keep records of staff containing various personal information, such as your name, number, home address and bank details. However, they may fail to uphold their responsibilities as per data protection law.
For example, an office has employee files containing contracts, banking information, and any disciplinaries employees have received. When moving offices, these records are misplaced or lost, resulting in a data breach that causes identity theft.
Are You Owed Compensation?
To make a lost records data breach compensation claim, you need to be able to prove that:
- An organisation’s failings caused your personal data to become compromised
- You experienced damage to your finances and/or mental suffering.
The psychological impact of a breach could include stress, anxiety and post-traumatic stress disorder in more severe cases.
The financial impact could include a bad credit score, loans being taken out in your name and lost earnings due to time off work.
If you’re eligible, you could receive compensation for the ways in which the personal data breach has impacted your day to day life. Call us for more information.
How To Start A Lost Records Data Breach Compensation Claim?
The ICO must be notified within 72 hours when an organisation discovers a data breach that risks people’s rights and freedom. The organisation should, without delay, also inform the data subjects at risk.
There are also steps you can take following a lost records data breach. Firstly, the ICO recommends raising a complaint with an organisation when you are made aware of a breach or suspect a breach has happened. You can tell them what has happened and how you have been affected.
If you do not get a reply or the response is unsatisfactory, you can make a complaint to the ICO, who may investigate the breach. You can use the outcome of this investigation as evidence as well as any communication you have had with the organisation.
Lastly, you could seek legal advice to help you claim compensation for any damages. You can contact our team to discuss starting your potential lost records data breach compensation claim today.
What Could A Lost Records Data Breach Compensation Claim Include?
The two forms of damages that you can claim for following a data breach are:
- Material damage – this relates to the financial losses suffered in a data breach, such as therapy and security costs.
- Non-material damage – refers to the psychological harm caused by the personal data breach, such as anxiety, depression, post-traumatic stress disorder (PTSD) and stress.
Before the Vidal-Hall and others v Google Inc [2015] case, you could not claim for non-material damages if there were no material damages. However, this case changed the position of the law regarding data protection compensation. You can now claim for psychological harm even in cases where there are no financial losses.
As a guide for valuing non-material damages solicitors refer to the Judicial College Guidelines (JCG). They use this text to help value general damage settlements for personal injury claims such as road traffic accidents, work accidents and medical negligence. It contains compensation brackets that correspond to different injuries.
The table below contains guideline figures from the JCG, however, you should only use them as a guide because your actual settlement may vary. Please also note that the figure from the first row is not from the JCG.
| Injury | Details | Compensation Amount Brackets |
|---|---|---|
| Multiple Severe Psychological Injuries and Significant Financial Losses | For multiple severe psychological harm as well as significant financial losses such as lost wages, relocation costs and security costs. | Up to £250,000 plus |
| Severe Psychological Injury (a) | Severe problems coping with daily life and a very poor prognosis. | £66,920 to £141,240 |
| Moderately Severe Psychological Injury (b) | Significant problems coping with daily life but with a more optimistic prognosis. | £23,270 to £66,920 |
| Moderate Psychological Injury (c) | Previous problems coping with daily life which have significantly improved, and the prognosis is good. | £7,150 to £23,270 |
| Less Severe Psychological Injury (d) | The amount awarded takes into account how long and to what extent the person's life was affected. | £1,880 to £7,150 |
| Severe PTSD (a) | Permanent effects on all parts of the person's life. | £73,050 to £122,850 |
| Moderately Severe PTSD (b) | Similar to the above, however there is a better prognosis with professional help. | £28,250 to £73,050 |
| Moderate PTSD (c) | The person will have largely recovered. | £9,980 to £28,250 |
| Less Severe PTSD (d) | The person will make a mostly full recovery within 1-2 years. | £4,820 to £9,980 |
Tell our advisors the details of your case for a more accurate valuation of your lost records data breach compensation claim.
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Frequently Asked Questions
Here are the answers to some of our most frequently asked questions regarding data breach claims.
Can I Claim Compensation If I Did Not Lose Money?
Yes, you may pursue a claim if you did not lose money as a result of the data breach as you may claim for your non-material damage (the psychological harm you suffered as a result of the breach of your personal data).
How Much Compensation Could I Receive For A Lost Records Data Breach?
The amount of compensation you may receive for a lost records data breach depends on the extent of the psychological harm you suffered and total financial losses you incurred as a result of it.
What Should I Do If An Organisation Loses My Records?
If an organisation loses your records, you should contact them regarding the data breach. If you do not receive an adequate response within 3 months, you may contact the ICO for them to investigate it.
What Is The Time Limit For Making A Data Breach Compensation Claim?
Generally, the time limit for pursuing a data breach compensation claim is 6 years. This typically commences on the date you received knowledge of the data breach.
Talk To Our Team
When making a lost records data breach compensation claim, you do not have to have legal representation. However, it can benefit you to have an experienced solicitor representing your claim.
A No Win No Fee arrangement such as a Conditional Fee Agreement (CFA), can allow you to fund legal representation whilst avoiding large upfront or ongoing fees for a solicitor’s services. You also do not pay for your solicitor’s services if the claim is unsuccessful.
On the other hand, if your claim is a success, you will pay a small legally capped success fee from the awarded compensation.
Contact our helpful team of advisors to discuss your potential claim and find out whether a solicitor from Advice could represent your case on a No Win No Fee basis.
To get in touch, you can:
- Call 0161 509 2856
- Fill out the contact form on our page
- Use our live chat service at the bottom of this page
Related Guides On A Lost Records Data Breach Compensation Claim
Further helpful external links:
Thank you for reading our lost records data breach compensation claim guide. We hope you found all the information you needed to seek compensation for the damages you have suffered.
