This guide outlines data breach claim values and explains when you could be eligible to claim compensation. Firstly, we set out the criteria that you should meet to make a claim as well as the time restrictions to which you must adhere to.
A guide to data breach claim values
Additionally, as the guide continues, we define what a data breach is and explain who is usually in control of handling and processing your personal information. We also distinguish between different types of data that could be involved in a breach and explain how this could cause harm.
Moreover, our guide looks into how data breach compensation will typically be determined and what the difference is between the kinds of losses you may suffer. Following this, we detail the steps you could take after a data breach and highlight what evidence could be useful to your claim.
Furthermore, we explain the process of a No Win No Fee agreement and what they typically entail. We note what kind of arrangement you may be offered and how the success of your claim will usually dictate your solicitor’s payment.
If you would like to learn more about data breach claim values, please continue reading our guide. To discuss your claim in more detail, please use one of the contact methods below to receive further guidance from our advisors:
- Call us on 0161 696 9685
- Contact us through the completion and submission of our details form
- Use our chat feature to raise your queries with a team member
Select A Section
- Data Breach Claim Values – When Could You Claim Compensation?
- What Personal Data Could Be Included In A Breach?
- How Could A Personal Data Breach Impact You?
- What Could I Do If Impacted By A Data Breach?
- Estimating Data Breach Claim Values
- Check If A No Win No Fee Solicitor Could Handle Your Claim
Data Breach Claim Values – When Could You Claim Compensation?
A data breach is defined by the Information Commissioner’s Office as a compromise of the confidentiality, availability, and integrity of personal data caused by a security incident. The ICO is an independent public body responsible for upholding the data protection rights of members of the public.
Data controllers and processors are in charge of handling your personal data. Controllers are the parties that decide why your data is being collected, whilst processors are usually hired as a third party to work under the instruction of a controller.
The Data Protection Act 2018 and the UK General Data Protection Regulation are the laws that outline how companies should act when processing personal data.
Article 82 of the UK GDPR highlights the criteria you should meet in order to claim compensation in a data breach claim:
- A data controller or processor failed to uphold your rights as a data subject, causing a data breach.
- This breach involved a compromise of your personal information.
- You suffered financial or emotional harm as a result.
If you would like to talk about your circumstances in more detail, please get in touch. Our team can provide further guidance on what you can expect in regard to data breach claim values.
Time Limits
When you are making a claim for a data breach, you should be within the time limits. Generally, you will have six years to start your claim. If your claim is against a public body, this time limit reduces to one year.
For more information on time restrictions, please get in contact.
What Personal Data Could Be Included In A Breach?
Personal data is any data that can be used to identify a natural person, either alone or when combined with other information. It can include information such as your name, phone number, address, credit and debit card data and email address.
Special category data is another kind of personal information which requires more secure protection due to the sensitivity of its nature. This can contain information about your race, sexuality, health data and trade union membership.
Personal data could be breached in a number of ways. A company could send your information to the wrong email address, allowing an unauthorised person to view it. There could be an instance in which the company did not update their records despite you telling them about a house move, leading to your letters containing personal data being sent to the wrong postal address.
For more information on what personal data could be included in a breach and how one could occur, please reach out to our advisors. They can give you an idea of the data breach claim values that could be awarded in different kinds of claims.
How Could A Personal Data Breach Impact You?
You could suffer harm from a personal data breach. This could be emotional, financial or both.
If your mental health problems were made worse by the breach of your personal data and/or if you suffered monetary losses as a result of your personal data being exposed, you could be eligible to make a claim.
You could experience anxiety or worry at the idea that someone else has access to your personal data. In some cases, you may worry for your safety. For example, if you were a witness in a criminal trial and then your witness data was involved in a breach, then this could cause you to fear retaliation.
Financial losses could occur as a result of a data breach. For example, if your bank details are breached, then someone could steal money from your account.
To discuss potential data breach claim values, please reach out to an advisor who can offer further information.
What Could I Do If Impacted By A Data Breach?
An organisation has a responsibility to inform individuals about a breach that could impact their freedoms or rights. They should let the ICO know within 27 hours and should inform the affected data subject without undue delay.
If you notice a data breach that you have not been made aware of, you should report this directly to the company or organisation. They might offer you compensation at this point; if they do, and you accept, you cannot then go on to make a compensation claim.
After you have notified the company, you may still find yourself to be unsatisfied with the response you are given. If so, you can report this further to the ICO.
The ICO cannot award you compensation, but the results of their investigation could be used to support your claim. If you would like guidance on the data breach claim values that could be awarded in successful claims, then speak with a member of our team today.
Estimating Data Breach Claim Values
There are two kinds of damage you could suffer from a data breach. This section focuses on non-material damage, which refers to the psychological impacts you have suffered due to the security incident. This could include depression or anxiety caused by a breach, for example.
Data breach claim values will typically be determined with the help of the Judicial College Guidelines. Solicitors can refer to the compensation brackets when they are valuing your harm.
The figures from the guidelines are below. However, they are to be viewed only to give you an idea of what you could receive, as the actual amount of your claim could vary.
Compensation Guidelines
| Harm | Severity | Details | Compensation Guidelines |
|---|---|---|---|
| Psychological | Severe (a) | There are notable problems in relation to coping with life, work, and relationships. The prognosis is very poor. | £54,830 - £115,730 |
| Moderately Severe (b) | Significant problems in regard to coping with aspects of life but the prognosis is a lot more optimistic. | £19,070 - £54,830 | |
| Moderate (c) | There is marked improvement in coping with life and the prognosis is good. | £5,860 - £19,070 | |
| Less Severe (d) | The duration of the disability and the effect on daily routines are considered. | £1,540 - £5,860 | |
| Post-Traumatic Stress Disorder | Severe (a) | Effects are permanent and prevent a return to employment. The persons life is severely impacted. | £59,860 - £100,670 |
| Moderately Severe (b) | The prognosis is better and there is potential for some recovery in conjunction with help from professionals. | £23,150 - £59,860 | |
| Moderate (c) | The recovery has largely taken place and any effects that continue are not greatly disabling. | £8,180 - £23,150 | |
| Less Severe (d) | A full recovery has virtually been made within one to two years. Symptoms that persist for any longer are minor. | £3,950 - £8,180 |
Further Damages You Could Claim
The other kind of damage you may suffer is material damage. This refers to the financial impact a data breach has on you.
This can mean that you suffer monetary losses due to personal data, such as your bank information, being compromised. Someone could steal money from your bank account or take out loans in your name, affecting your credit score.
Documentation of these losses can support your claim. This could include credit reports to show damage to your credit score and bank statements to illustrate the losses you have suffered.
Check If A No Win No Fee Solicitor Could Handle Your Claim
When making a claim after a data breach, you could choose to seek the services of a No Win No Fee solicitor. They may offer to represent you under a Conditional Fee Agreement.
With this arrangement in place, you generally won’t pay your lawyer for the work they’ve done if you’re unsuccessful in your claim, and you also usually won’t make upfront or ongoing payments.
If your claim is a success, they will take a success fee. This means your solicitor can deduct an amount from your compensation; however, the percentage is capped by the Conditional Fee Agreements Order 2013, meaning you can’t be overcharged.
How To Contact Our Team
To find out more about data breach claim values, please don’t hesitate to get in touch. Our team of advisors are available to offer guidance around your claim. They also have access to our panel of solicitors, who can offer further assistance.
To speak with a member of our team, please use your preferred method of contact below:
- Telephone us on 0161 696 9685
- Use our web form to contact us
- Make use of our chat feature to begin a live conversation with an advisor
Where To Read More About Data Breach Claims
Thank you for reading our guide on data breach claim values and when you could be eligible to claim compensation.
More of our information:
- How Do I Make A Claim For Stress Due To Data Breach
- How To Claim If Your Files Were Lost In A Data Breach
- Breach Of Confidentiality Compensation Claims Explained
External sites that you may find helpful:
- Post-Traumatic Stress Disorder – NHS
- About National Cyber Security Centre – NCSC
- Your Right To Get Copies Of Your Data – ICO
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