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This guide will look at what could cause your mental health problems to get worse after a data breach. A breach which exposes your personal data can be a highly stressful experience, and if you already suffer from poor mental health, then this can make it worse. If the breach was caused by the wrongful conduct of the organisation processing your data, then you may be able to claim.
In this guide, we will look at the laws that outline how personal data should be protected and how a breach could occur. We’ll also examine how payments for these claims are valued and the amount you could receive if affected by a breach.
If you wish to make a data breach claim, our advisors may be able to help you. Call our helpline, and we can offer you free legal advice about claiming. Moreover, your case could be passed to one of our solicitors if it is deemed that your claim has a good chance of success.
You can:
- Call our advice line on 0161 509 2856
- Contact us via our website
- Ask us a question using the Live Support option on your screen
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Select A Section
- Could You Claim If Your Mental Health Problems Were Made Worse By A Data Breach?
- Mental Health Conditions Affected By Data Breaches
- The Process For Claiming Compensation After A Data Breach Worsened My Mental Health
- How Much Compensation Can I Get For Mental Health Impacted By A Data Breach?
- Why Claim With Advice For Worsened Mental Health By A Data Breach Compensation?
- Claiming For Impacted Mental Health After A Data Breach On A No Win No Fee Basis
Could You Claim If Your Mental Health Problems Were Made Worse By A Data Breach?
You can claim if your mental health problems were made worse by a data breach, provided that the deterioration of a pre-existing condition directly results from an organisation’s failure to comply with data protection laws. All organisations that handle the personal data of UK citizens have a legal obligation to follow the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). In particular, it is personal data that must be protected. This requires them to safeguard any personal information that could identify you, such as your full name, postal address, and National Insurance number.
The Information Commissioner’s Office (ICO) monitors compliance in accordance with strict data protection principles. These principles state that organisations must handle personal data in a way that is:
- Minimal
- Lawful, transparent, and fair
- Limited for a purpose
- Accurate
- Confidential and done with integrity
- Accountable
- Storage limited
Data breaches occur when an organisation fails to comply with its legal obligations. When this compromises personal information and leads to financial or psychological harm, such as the exacerbation of existing post-traumatic stress disorder (PTSD) or anxiety, you may have grounds to claim compensation.
Most people are not aware of their legal rights until a personal data breach occurs. This is why our advisors are available around the clock and will answer your questions for free. Contact them today to learn about claiming data breach distress compensation.
How Could An Organisation Breach Your Personal Data?
Data breaches can happen because of human error. Human error means an unintentional mistake. For example, an employee may send out an email to a large group and use the CC field instead of the BCC field. Consequently, the recipient’s emails could be shared with the rest of the group, who aren’t authorised to see this.
Businesses and organisations, such as your employer, should invest in training their staff to minimise the risk of a human error data breach taking place. If an organisation doesn’t do all it can to protect your data, and it’s exposed in a breach, you could claim.
For more information on what to do if your mental health problems are worse after a data breach, speak with an advisor today. They could connect you with one of our No Win No Fee solicitors if you have a valid claim.
Mental Health Conditions Affected By Data Breaches
Data breaches can have a significant impact on your mental and emotional well-being. For some people with mental health problems or psychological injuries, the emotional distress a data breach can cause can worsen their pre-existing problems. Below, we’ve included some examples of mental health problems which can be made worse by a data breach.
Anxiety
Generalised anxiety disorder (GAD) is a mental health condition where people feel anxious about a wide range of situations; GAD is not associated with one specific event or occurrence. People with GAD may experience psychological symptoms such as constant restlessness and a feeling of dread. They may also experience physical symptoms, including dizziness and heart palpitations.
Stress
Stress is a normal reaction to upsetting events or times when you feel overburdened in life. However, there are times when you can experience ongoing levels of stress that make you ill and unable to perform your daily tasks. Stress after a data breach can negatively impact your physical and mental health.
Data breaches can be distressing events that can significantly impact your mental health. So, if you already have a mental health condition, such as anxiety or depression, the trauma of the data breach may worsen the condition. You could potentially claim compensation for these psychiatric injuries. Please call us today to see if you can claim.
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The Process For Claiming Compensation After A Data Breach Worsened My Mental Health
If your mental health problems were made worse by a data breach, the process of claiming compensation involves collecting evidence to put yourself in a stronger legal position. In this section, you can read about the different aspects of the claims process in more detail.
Put Your Mental Health First
A data breach can be deeply traumatic and can significantly impact mental health. If you find that your anxiety or another condition has worsened, you should visit your GP or a psychiatrist. This not only ensures you get the support you need, but that any aggravation of symptoms is properly documented.
When you feel able to do so, you can later request a copy of your medical records or a letter from your psychiatrist. This can help to prove the impact that the data breach has had on worsening symptoms of your pre-existing condition, such as anxiety, depression, or PTSD.
Request More Information
When it comes to claiming for stress due to a data breach, legal professionals will need to know how you were affected and why. Get in touch with the organisation responsible for the breach and ask them to confirm:
- The exact cause of the breach
- What remedial actions they are taking
- How they intend to manage the impact on you
You should keep copies of any written correspondence you have in this regard, as it may be useful at a later stage.
Report The Breach To The ICO
The ICO has the power to investigate data breaches. Therefore, you may find it useful to report the breach to them within 3 months of the last meaningful email or other communication you had with the organisation where the breach occurred. Although the ICO cannot award compensation, the findings of any investigation may help support your data breach claim.
Keep A Record Of Your Experience
Experiencing stress from a data breach is deeply personal, so a detailed account can be helpful. You can note any sleep disturbances, worsening symptoms, anxieties, or mood changes since the breach. If you have incurred financial losses, you can also add these to your records.
Get Legal Advice
When looking to claim compensation, you likely have many questions about the process. Speaking with one of our advisors can help you to understand:
- Whether you meet the criteria to make a claim
- What compensation might cover if your mental health has worsened because of a data breach
- What you should expect when starting legal proceedings
- How our solicitors will guide you through the claims process
Check The Time Limit For Your Case
There is a general time limit of up to 6 years for claiming data breach distress compensation. This can differ depending on the specifics of your case.
Contact our advisors to confirm how long you have to claim and what evidence you can start to collect. Should you work with one of our solicitors, they will support you with each aspect of the claims process.
How Much Compensation Can I Get For Mental Health Impacted By A Data Breach?
How much compensation you can get for mental health impacted by a data breach will depend on the extent to which your condition has worsened, and whether you have incurred financial loss. The psychological element of compensation is known as non-material damage, which relates to any emotional distress you have suffered. If you have an existing mental health condition that has been exacerbated by a breach, compensation can account for any additional suffering you experience.
When assessing non-material damage, legal professionals have the option to use the Judicial College Guidelines (JCG). This text establishes compensation guideline brackets for various types of harm based on severity.
In the table below, you can find some JCG figures that are relevant to psychological issues. Although you may find these useful, it is important that you do not view them as a guarantee of your total compensation. This is because the compensation will be determined to reflect your unique experience of the breach and the impact on your life. Please note that the top figure does not come from the JCG.
| Injury | Severity And Damages | About |
|---|---|---|
| Multiple Instances of Severe Psychological Harm + Financial Losses | Very Severe | Financial impact may cover lost earnings and the cost of counselling and extra home security. |
| Mental Harm | Severe (a)- £54,830 to £115,730 | Impact on ability to cope with work, education and relationships. Marked problem with regards to future vulnerability. Poor prognosis. |
| Mental Harm | Moderately Severe (b) - £19,070 to £19,070 | Significant problems with work, education and relationships. More optimistic prognosis than in more severe instances. |
| Mental Harm | Moderate (c)- £5,860 to £19,070 | Whilst there are problems with work, education and relationships, there will be marked improvement and a positive prognosis. |
| Mental Harm | Less Severe (d)- £1,540 to £5,860 | The level of award within this bracket will consider how badly the injured person was disabled by their injuries. |
| Reactive Disorder (Psychiatric) | Severe (a)- £59,860 to £100,670 | An injury resulting in permanent symptoms. The claimant is not able to function to pre-trauma levels. All parts of their life are impacted. |
| Reactive Disorder (Psychiatric) | Moderately Severe- (b) £23,150 to £59,860 | Some degree of recovery possible with professional help. They could experience disabilities for the foreseeable future. |
| Reactive Disorder (Psychiatric) | Moderate (c)- £8,180 to £23,150 | The recovery will be largely complete. The claimant could still have some symptoms which are not grossly disabling. |
| Reactive Disorder (Psychiatric) | Less Severe (d)- £3.950 to £8,180 | The claimant should make an almost complete recovery. There may be some minor symptoms lasting after 24 months. |
Can I Claim For My Financial Losses?
Yes, alongside any worsening of your mental health, you can also claim for financial losses caused by a data breach. This financial impact is called material damage, such as:
- Therapy or trauma-informed counselling to treat a mental health condition
- Lost earnings if your emotional distress requires you to take time off work
- Relocation if your home address is leaked
- Additional security measures, such as new locks or alarm systems in the home
You are welcome to call us, and we can advise you on data breach distress compensation. If your mental health problems have been made worse by a data breach, you could be connected with one of our No Win No Fee solicitors.
Why Claim With Advice For Worsened Mental Health By A Data Breach?
You should claim with a solicitor from Advice for worsened mental health by a data breach because our team uses decades of experience to provide clients with compassionate, expert support. We know that the data breach claims process can be overwhelming, which is why our solicitors handle the legal complexities for you. By working with Advice, you can expect us to:
- Help you obtain evidence showing how the breach directly exacerbated a pre-existing mental health condition
- Manage all correspondence with any other parties involved on your behalf, shielding you from potential further stress
- Explain any legal jargon and legislation that is relevant to your data breach claim
- Use strong negotiation skills to seek a settlement that accurately reflects how the breach aggravated symptoms of stress, anxiety, or PTSD
- Arrange an independent medical assessment with trusted psychiatrists or psychologists to document the full impact on your mental wellbeing
To access this support, all you need to do is enquire with our team. They can check whether you have valid grounds to seek data breach distress compensation and explain the next steps.
Claiming For Impacted Mental Health After A Data Breach On A No Win No Fee Basis
If you are seeking to claim for stress due to a data breach on a No Win No Fee basis, then you’re in the right place. You can proceed in this way by entering into a Conditional Fee Agreement (CFA), allowing Advice’s solicitors to work on your data breach case without charging for their work during the whole claim, including:
- Before starting the claim
- As your case progresses
- If data breach compensation is not given to you
However, if you are compensated, a success fee will be owed. In simple terms, this is a percentage of the compensation that you need to pay to your solicitor. You will agree to this before starting the process, and a legal cap is in place to protect your interests. This means that the bulk will remain with you.
At this stage, it is a good idea to speak with an advisor who can address any concerns you may have. They offer their advice without any strings attached, as they understand that you may want to take time in order to make a decision. Should you decide to proceed, they may connect you with one of our solicitors and start you on your journey to getting compensation.
- Call our team on 0161 509 2856
- Contact us in writing
- Use our live chat feature to speak to an advisor
Related Data Breach Claims
These online resources may help you if you want to claim compensation for a data breach.
- Information on how to complain about a data breach from the ICO
- An NHS guide to depression
- Hoow to claim for sexual abuse data breach
- National Cyber Security Centre provides password tips for staying safe online
We appreciate you taking the time to look at our guide to claiming compensation if your mental health problems are worse after a data breach.
