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The protection of personal data is fundamental in the digital world. With the increasing number of mechanisms created to compromise people’s personal data, there is a greater emphasis on the requirement for organisations to adhere to data protection laws. If a data controller failed to do so and your data was compromised, you may be entitled to data breach compensation.
This guide explains the data breach claims process and provides information on how compensation could be awarded following a successful claim. In doing so, it will provide a useful explanation of what personal data is, how it may be breached and the steps you could take following this. Additionally, we’ll provide details on the No Win No Fee service provided by our solicitors and how they can help you claim compensation.
To learn more about data breach compensation claims or to start your’s today, please contact our advisors by:
- Visiting our contact page
- Calling them on 0161 509 2856
- Making a free enquiry
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Jump To A Section
- How Much Data Breach Compensation Could I Get?
- What Are The Regulations In Place To Protect Personal Data?
- What Is A Personal Data Breach?
- Can I Make A Data Breach Claim?
- The Most Common Data Breach Causes
- What Is The Role Of The Information Commissioner’s Office (ICO)?
- Do I Need To Report A Data Breach?
- What Other Evidence Do I Need For My Data Breach Claim?
- How Long Do I Have To Claim Data Breach Compensation?
- Get Help From Advice’s Solicitors
- More Information
How Much Data Breach Compensation Could I Get?
The amount of data breach compensation you may be awarded depends on the extent of your psychological harm and financial losses, which are referred to as non-material damage and material damage.
Non-material damage is the psychological harm you suffered following the data breach (if any). The figure you receive is calculated by a team that uses your independent medical assessor’s report of your mental suffering and compensation guidelines from the Judicial College (JCG).
The JCG contains a list of injuries, along with their suggestive compensation brackets. The bullet point list below provides examples from the JCG of psychological injuries and their corresponding guideline compensation bracket. However, the top figure was not taken from it, as this demonstrates how you could be awarded compensation for both your non-material and material damage.
Compensation Guidelines
- Multiple Severe Psychological Injuries and Significant Financial Losses – Up to £250,000 plus – This award is for severe psychological injuries that result in significant financial losses.
- The Most Severe Psychiatric Injury – £66,920 to £141,240 – The factors considered include the person’s ability to cope with various aspects of their life, including relationships, the success of treatment, their future vulnerability, prognosis, and whether they received medical assistance.
- Moderately Severe Psychiatric Harm – £23,270 to £66,920 – This award is for the factors listed above. However, the prognosis is more optimistic.
- Moderate Psychiatric Damage – £7,150 to £23,270 – This award is for the factors listed for severe psychiatric damage. However, by the time of any trial, there’s been a marked improvement and the overall prognosis is good.
- Less Severe Psychiatric Injuries – £1,880 to £7,150 – The factors considered within these brackets are for the amount of time spent with the mental disability and the extent to which it had on the person’s sleep and daily activities.
- Severe PTSD – £73,050 to £122,850 – This bracket is for those who suffer from permanent post traumatic stress disorder. The symptoms limit all areas of their life and their ability to work.
- Moderately Severe PTSD – £28,250 to £73,050 – This bracket is for those who suffer from PTSD but have a better prognosis than above and benefit from professional support.
- Moderate PTSD – £9,980 to £28,250 – This bracket is for those with PTSD, but the impact of it is not grossly disabling as with those in the first 2 PTSD brackets.
- Less Severe PTSD – £4,820 to £9,980 – This award is for people with PTSD who recover within 1 to 2 years.
This list may be used for guidance only, as the amounts you see are not guaranteed. If you are awarded compensation, this may be calculated based on your specific injuries.
Can I Claim Back Any Financial Losses I’ve Suffered?
If the breach of your personal data resulted in you suffering financial losses, you may be reimbursed for them.
Some examples of the losses you may incur include:
- Lost wages following your time off work to recover from your psychological harm
- Lost work benefits, including pension contributions, bonuses and promotions
- Costs towards psychological treatment, such as counselling or therapy
- Relocation costs if you were required to move for your security
- Payments for specialist security systems to protect your personal data
- The costs of devices that were subject to the data breach, if they were damaged
You must provide evidence of your losses when claiming for your material damage, such as payslips, receipts, bank statements and bills. If you are struggling to find this, our solicitors may guide you.
For a more specific idea of how much compensation you may be awarded, please discuss your claim with our helpful advisors, who may provide more examples.
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What Are The Regulations In Place To Protect Personal Data?
Some legal regulations are in place to protect the fundamental rights of individuals’ privacy and data; these are referred to as data protection laws. Their purpose is to ensure that everyone’s data is used and stored correctly.
The Data Protection Act 2018 outlines the procedures for collecting and storing personal information to ensure that individuals’ data remains secure to prevent personal data breaches.
The UK General Data Protection Regulation controls how the personal information of individuals is used by organisations that process it. This provides a framework for the correct use of personal data, ensuring that it is handled securely to prevent data breaches.
All organisations that hold the personal data of individuals must adhere to data protection laws. If they fail to comply with them, breaching your personal data, you may be eligible to claim compensation for any psychological harm or financial losses this caused you.
If you have any questions regarding the regulations to protect personal data, please contact our advisors.
What Is A Personal Data Breach?
A personal data breach is a security incident which compromises your personal details in some way. This often results in the accidental, unlawful destruction or unauthorised access to your information, causing psychological distress, financial losses or both.
Some examples of personal data breaches include:
- Sharing of information – when an organisation shares your personal details with third parties
- Stolen or lost records – when an organisation loses or misplaces your personal details, resulting in others taking them
- Phishing emails – these are forms of fraudulent messages aimed at tricking people into sharing personal information
- Unintentional data disclosure – when an organisation shares your data through accidental human error
If you are concerned that your data has been breached, you should discuss this with the relevant organisation and keep a record of any documents confirming it. This may prevent further breaches and support your data breach compensation claim.
Will The Impacts Of A Data Breach Happen Straight Away?
Typically, the impacts of a personal data breach do not occur straight away. Although this is possible, for the majority of individuals who suffer from a data breach, the effects are not felt until months later.
Following a data breach, you may begin to notice the following impacts of it:
- Psychological distress, including stress and anxiety
- Financial losses, such as lost wages or money taken from your accounts
If you were unaware that your personal data was compromised but begin to notice it might have been, it is essential to report this to the relevant body (the organisation you suspect was breached) to get the breach under control and prevent future damage.
Contact our advisors if you would like to learn more about the steps you may take if your data is compromised.
Can I Make A Data Breach Claim?
You may be eligible to make a data breach claim to receive compensation if you meet the following claim criteria:
- The organisation processing your data failed to adhere to data protection laws
- Your personal data was involved in a data breach
- This caused you psychological suffering, financial losses or both
All organisations that process personal data have a legal obligation to follow data protection laws to ensure people’s personal information remains secure. If they fail to do so, resulting in people suffering from psychological harm or losing money, they may be eligible for compensation.
How Can I Know If My Data Was Involved In A Breach?
If your personal data was involved in a data breach, you may receive a letter or email notifying you. Organisations that hold your personal data have a legal obligation to keep it secure. If they fail to do so and it becomes compromised, they must inform you.
Other examples of how you may notice that your data was reached include:
- Checking your bank records
- Having spam emails
- Being unable to access your accounts
- Completing online assessments
What Information Could Be Leaked By A Data Breach?
Organisations typically hold your personal data and special category data. Therefore, it is this information that may be leaked or compromised in some way as a result of a data breach.
Some examples of personal data include your:
- Name
- Home Address
- Email address
- National insurance number
Some examples of special category data include your:
- Political opinions
- Sexual orientation
- Racial or ethnic origin
- Health data
Regardless of the type of information you had compromised, you may be eligible to claim compensation for the suffering this caused you if you meet the eligibility criteria.
If you would like to start a data breach compensation claim today, please get in touch with our friendly advisors.
The Most Common Data Breach Causes
Living in the digital age has brought about modern technology that allows people to easily access the private information of others. As such, data breaches may arise in a myriad of situations. However, a data breach may not involve technology. Below is a list of common ways in which people may suffer from a data breach if organisations fail to adhere to data protection laws.
- Failure to provide data protection training. For example, an organisation may fail to train staff on how to keep their computers and data secure. As such, they may leave documents containing your personal information exposed to third parties.
- Sending letters to the wrong postal address. For example, a third party may send a document containing your passport to the wrong address, resulting in a data breach.
- Sending e-mails to the wrong address. For example, it may be considered a data breach if a third party sends an email to the incorrect address that contains your date of birth and national insurance number.
You can contact our advisors to learn more about the common causes of data breaches and how to claim compensation with our experienced solicitors.
What Is The Role Of The Information Commissioner’s Office (ICO)?
The Information Commissioner’s Office (ICO) is an independent body within the UK that was established to uphold rights, information, and data protection laws, protecting people’s information and privacy. With the support of the UK GDPR and the DPA 2018, the ICO has the authority to investigate and act upon data breaches within the UK that affect both individuals and organisations.
Some of the key responsibilities of the ICO include:
- Upholding data protection laws
- Monitoring data breaches
- Investigating data breaches
- Providing support and guidance
Ultimately, the ICO is a fundamental body that maintains information rights and protects the privacy of individuals by guiding organisations to adhere to data protection laws. Therefore, if you have suffered from a data breach, you may benefit from reading their guidance alongside speaking to our advisors.
If you have any questions regarding the role of the ICO following your data breach, you may contact our advisors.
Do I Need To Report A Data Breach?
Following the event that your personal data was breached, you are not generally required to report this issue. However, it is good practice to do so to prevent future breaches and to support your claim.
If your data was compromised, you may report this to the ICO within 3 months of the last meaningful conversation with the organisation you suspect breached your data. Depending on the nature of this issue, the ICO may then complete an investigation to determine how data protection laws were breached. However, they are under no obligation to do so.
It is also useful to report a data breach to the organisation you believe is responsible for this security issue, particularly if you have not received a letter of notification informing you of the breach. They will then have 3 months to respond to you, and if they fail to do so, you may submit a complaint to the ICO.
However, organisations are required to report data breaches that could affect the rights and freedoms of data subjects to the ICO within 72 hours of detection.
If you would like some advice before reporting a data breach, please do not hesitate to contact our helpful advisors.
What Other Evidence Do I Need For My Data Breach Claim?
Many forms of evidence may support your data breach claim. The point of obtaining evidence is to paint a picture of how the data controller failed to adhere to data protection laws, breaching your personal data and causing your psychological harm and financial losses.
Some examples of evidence that may establish this include:
- A list of your information that was compromised
- Confirmation of the data breach, such as a letter, e-mail or screenshot
- A copy of your medical reports with your psychological injury diagnosis
- Documents of your financial losses, such as bank statements
- A copy of the report made by the ICO or the outcome of any investigation they conducted
- Copies of correspondence with the data controller
It is good practice to collect as much evidence as you can. If you are struggling with this, our solicitors may offer some support.
For more examples of evidence that may support your data breach claim, please ask our helpful advisors.
How Long Do I Have To Claim Data Breach Compensation?
If you have suffered from a personal data breach, you generally have 6 years to start a compensation claim. Our advisors can help you determine whether you are within the claims time limit. Therefore, it is important to keep a record of any key dates associated with your data breach.
You should also recognise that the sooner you contact our advisors to begin the claims process, the sooner our solicitors may start working on your claim.
How Long Will My Claim Take To Settle?
The amount of time it takes for data breach claims to settle varies depending on the circumstances of each claim. Some factors that may determine how long it takes for your claim to reach a settlement include:
- The diagnosis of your psychological injuries
- The gathering of evidence to support your claim
- Whether the organisation admitted or disputed liability
- The number of people affected by the data breach
- The ICO’s investigation of the data breach
- Settlement negotiations with the organisation
- Whether your claim goes to court
Regardless of the complexity of your data breach claim, our solicitors will use their expertise to try to reach a settlement in your favour within a reasonable timeframe.
If you have any questions regarding the time limit of data breach claims, please contact our advisors today.
Get Help From Advice’s Solicitors
If you want to claim data breach compensation, it may be useful to seek the legal support of our excellent solicitors who specialise in data breach claims. They have undergone extensive training and gained decades of combined experience helping their clients secure the compensation they deserve.
One of the key benefits of claiming with our solicitors is that they offer their services on a No Win No Fee basis if you sign a Conditional Fee Agreement (CFA) with them. This means that you will have no upfront costs to pay for the work they complete on your claim.
If your claim is successful, a success fee will be taken from your compensation by your solicitor for their work. However, this will be a small percentage that is legally capped. On the other hand, if your claim does not succeed, you will not pay your solicitor for their work on your claim.
Our solicitors at Advice aim to support all their clients in rebuilding their lives after suffering due to a data breach. As such, they are dedicated to providing an excellent standard of customer service to help you claim the compensation you deserve.
Contact Us
To start a claim for data breach compensation with our excellent solicitors, please get in touch with our advisors by:
- Visiting our contact page
- Calling them on 0161 509 2856
- Making a free enquiry with the pop-up chat
More Information
If you would like to learn more about data breach compensation or the claims process, please read the guides below.
- Access our data breach FAQ
- Find out how to claim for sexual abuse data breach
- Learn how to claim for a medical data breach
- A guide on data breach claim values
- Learn about solicitors sent the wrong patient records data breach claim
- Read about can you claim for a divorce data breach?
References:
- Find out if you are eligible for statutory sick pay, GOV.UK
- Learn more about personal data breaches, GOV.UK
- Access NHS mental health services, NHS.UK
We appreciate you taking the time to read this guide, which explains how to claim data breach compensation. We hope that you found this helpful.
