Make A Data Breach Compensation Claim Today

What Is A Data Breach And Can I Make A Claim?

The UK General Data Protection Regulation (UK GDPR) was enacted into UK law in 2018 alongside an amended version of the Data Protection Act 2018 (DPA). It states that organisations that process personal information should protect it.

Such organisations could be:

• Data controllers: Organisations that decide how and why personal data is used.
• Data processors: Organisations that sometimes process personal information on the data controller’s behalf.

A personal data breach can occur if your data is changed, lost, disclosed, accessed or destroyed without your permission or a lawful reason.

Personal data or personal information is anything that can directly identify you or identify you in combination with other information. For example, your name, email address or bank details would be personal data.

The Criteria For Data Breach Claims

In order to make a data breach claim, some form of wrongful conduct on the part of the data controller or data processor must have occurred.

You must also have suffered some kind of damage, known as material or non-material damage. The latter relates to the psychological impact the data breach has had, such as causing you distress or worry. Material damage relates to the financial impact the data breach has had.

You could potentially use the services of a solicitor to claim data breach compensation, providing the breach exposed your personal information and you suffered financially or mentally as a consequence.

You can contact us here at Data Breach Claims UK to learn more about your legal rights, as well as to commence the process of making a claim.

How Long Do I Have To Make A Data Breach Compensation Claim?

If you’re claiming against a private company, such as a hotel or bank, the time limit could be 6 years.

However, if your data breach is against a public body, such as the local council or police, you could have just 1 year to take action. 

The data breach claim time limit can vary, however, so it’s always best to speak with someone. Getting the date wrong could see you prevented from making a claim altogether.

Do I Need To Report A Data Breach To The ICO In Order To Claim?

A question we often get asked is whether or not you need to report a data breach to the ICO in order to make a compensation claim. The short answer is no.

However, when it comes to reporting a data breach, claims can get a real boost if you report the incident to the organisation you think is responsible—that is if they haven’t already sent you a letter or email notifying you that your data has been impacted in a breach.

In making this complaint with the company, they provide you with written confirmation that you are affected, which confirms to a solicitor that you could have valid grounds to pursue compensation.

If you make a complaint to the organisation but they haven’t responded within around 3 months, the ICO then recommends that you submit a complaint to them directly.

They will then investigate and provide you with a meaningful response which you can then take to a solicitor to hopefully obtain legal representation.

If you need any help or support with the reporting of a data breach, or if you’d like to make a claim, get in touch. Our helpline, found at the top of this page, is open 24 hours a day to ensure you get the advice and representation you need.

What Is The Data Breach Claims Process Like?

When claiming compensation for data protection breaches, the process is much like any other type of claim. Once you are able to set up your case with your data breach solicitor (assuming you hired one) and they have all of the evidence available, they will begin their investigations.

It’s likely that your data breach lawyer will present your case to the defendant by sending them a letter of claim. This sets out your case, explaining the impact the breach has had and inviting them to settle.

The defendant will then spend some time investigating the case themselves. In straightforward data breach claims, they may already be aware of their liabilities so could make an early offer of settlement.

However, if you’re still suffering from the impact of the data breach, such as feeling distressed or anxious, it may not be in your best interests to resolve the case so soon.

Your solicitor will likely arrange for you to be medically examined by an independent expert. They will assess your condition and produce a report which your solicitor will use to determine just how much data breach compensation you could be entitled to.

If they have strong evidence that supports your case, your solicitor should be able to negotiate a settlement on your behalf. If you still have any questions about data breach claims process, please contact our team of advisors.

What Types Of Information Can I Make A Data Breach Compensation Claim For?

Personal information is anything that can help identify you. Data breaches can involve many types of information, such as the below. 

• A letter is sent to the wrong postal address. If a letter containing personal information is delivered to a different address, despite you updating it with the organisation, someone unauthorised could access your personal information. 
• Failure to redact personal information in publications. If a leaflet is sent out to people’s addresses containing your personal information without a lawful reason, you could experience harm. If so, you could make a data breach claim. 
• Failure to BCC emails. The BCC field in emails means that recipients can’t see who else the email has been sent to. If a health email is sent out and isn’t BCC’d, people who suffer from the health condition may be exposed without their consent or another lawful reason.
• Email sent to the wrong recipient. If an organisation sends an email containing personal information to the wrong person without a lawful reason, it could be accessed.

If you’d like to have a chat about data breach law and whether you could make a claim, you can contact our team of advisers. They’d be happy to have a chat about your potential claim. What’s more, they can look at the compensation you could be entitled to. 

Should your claim be valid, you can be connected to one of our expert data breach lawyers from our panel. They could help you receive the compensation you’re owed.

What Evidence Do I Need To Make A Data Breach Claim?

Supporting evidence usually plays an important role in settling a claim for your data breach damages. When possible, you should collect and maintain any relevant documents or materials that can act as:

• Evidence of the breach
• Evidence of the harm you have suffered.

Evidence of the breach in your claim can come in the form of:

• Screenshots, photos, or similar evidence showing the exposure or misuse of your personal information
• Emails, or similar correspondence with the organisation, wherein they admit to the breach

Evidence of the harm the breach caused, which can be:

• Financial records of any losses that may have occurred because of the breach
• A medical diagnosis of the psychological injury the breach may have led to you suffering, such as anxiety or stress.

Data breach lawyers can not only advise you on evidence to collect in your claim but could also request it on your behalf or help arrange relevant appointments for you. If you are looking for help with evidence in your claim, please reach out to one of our advisers.

How Much Will I Get For A Data Breach?

For those seeking examples of data breach compensation, we’ve included a compensation table below. The compensation brackets within it are not a guarantee on how much compensation for a data breach you’ll receive if affected by one. However, they can provide some indication of how much compensation for a data protection breach could be awarded for non-material damage.

Non-material damage compensates for the mental damage you’ve experienced due to the data breach. An example of this could be anxiety or a worsening of pre-existing depression.

The figures have been taken from the Judicial College Guidelines. This is a publication that solicitors use to help them value injuries.

This compensation table is intended to act as an example and the figures may vary depending on your specific circumstances.

Injury	Severity	Notes	Compensation
Psychiatric Harm Generally	Severe	Marked problems and poor prognosis.	£54,830 to £115,730
Psychiatric Harm Generally	Moderately Severe	Significant issues but a better prognosis that those in the severe category.	£19,070 to £54,830
Psychiatric Harm Generally	Moderate	The likelihood of recovery is high but their life is highly impacted currently.	£5,860 to £19,070
Psychiatric Harm Generally	Less Severe	How much sleep and daily activities were affected will be taken into account.	£1,540 to £5,860
Post-Traumatic Stress Disorder	Severe	The person struggles to maintain the same level of social life and work life as before the trauma.	£59,860 to £100,670
Post-Traumatic Stress Disorder	Moderate	The person still suffers some symptoms but the prognosis is positive.	£8,180 to £23,150

Connect With A No Win No Fee Data Breach Solicitor Today

A data breach lawyer or solicitor from our panel could take your case on a No Win No Fee basis if you have a valid claim. There are various benefits to making a data breach claim using a No Win No Fee agreement.

The main benefit is that you wouldn’t need to pay for the services your data breach solicitor provides if your claim fails. Additionally, you wouldn’t be charged an upfront fee or ongoing costs during the course of your claim.

In the case of successful claims, you would pay your data breach lawyer or solicitor a success fee. This is a small portion of your compensation and is a legally capped amount.

To see if you’re eligible to claim or if you want to hire a solicitor from our panel, please contact us for free using the details above.

Learn More About Data Breach Claims

Below, you can find more information and guides on making a claim for a data breach:

• For Organisations: You can find out more information about how organisations can protect people’s personal data on this page. 
• Your Data Matters: This page includes information on how the ICO has worked to prevent data breaches. 
• Post-Traumatic Stress Disorder (PTSD): If you’re suffering from PTSD, this NHS guide includes important information. 

Check out more of our guides below:

• What amount of UK data breach compensation can be claimed?
• Can I claim breach of GDPR compensation for distress?
• How to claim compensation for a data breach
• How to find No Win No Fee data breach solicitors
• What is a data breach?
• What should I do if my data is breached?

We hope that this page on data breach law and claiming compensation for a breach of data protection has been helpful. For more information, you can read more of our guides on data breach claims or you can get in contact with our team for further help.