Category Archives: Data Breach Compensation

Data Breach Emotional Distress Compensation – Could I Claim?

If you have had your personal data compromised, this could lead to you suffering a variety of psychological injuries, such as depression, anxiety or emotional distress. Data breach emotional distress compensation can be awarded independently of compensation for monetary loss. Therefore, we have made this guide to claiming for emotional distress after a personal data breach.

We’ll cover key topics such as the eligibility criteria to claim, the role of the Information Commissioner’s Office (ICO), the UK’s independent regulator for information rights, and how solicitors calculate potential data breach compensation amounts.

In the final section, we have provided a short overview of the No Win No Fee agreement the expert data breach solicitors on our panel can offer their services under.

You can get a free consultation on your potential claim’s validity by speaking to our advisory team. You can reach us 24 hours a day using the contact information provided here:

Call us on 020 8050 3051
You can also contact us online by completing this form.
Or, you can use the live chat function at the bottom of your screen.

Browse This Guide

What Is A Data Breach?
What Is Data Breach Emotional Distress Compensation?
How Much Data Breach Emotional Distress Compensation Could I Receive?
What Should I Do To Claim For Emotional Distress After A Data Breach?
How Can A No Win No Fee Data Breach Solicitor Help Me?
Read More About Data Breach Claims

What Is A Data Breach?

The ICO summarises a data breach as any security incident that impacts the availability, integrity or confidentiality of personal data. This can apply to both human error and intentional data breaches.

There are 3 relevant parties you need to know about when seeking compensation for a data breach. These are:

Data subjects are the living individuals that can be identified from the personal data.
Data controllers are the organisations that decide when, why and how your personal data will be stored, handled or processed.
Data processors are external organisations that a data controller may use to process data for them. It is worth noting that not every data controller will make use of outside processing services.

Under the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, data controllers and processors are required to keep your personal data protected and only use it on a lawful basis.

Eligibility Criteria To Claim Data Breach Compensation

We have summarised the eligibility criteria to begin a claim for data breach emotional distress compensation after those legal obligations are not met here:

There was some wrongful conduct on the part of the data controller or processor. This means that they did not adhere to data protection laws.
This wrongful conduct resulted in a personal data breach in which your personal information was affected.
You experienced financial losses, psychological distress or both as a result of this.

What we mean by personal data is any information that could be used to identify a living individual, whether directly or indirectly. Names, contact details, bank and credit card information are all classed as personal data. More sensitive personal information is known as “special category data” and requires higher standards of protection.

To get a free assessment of your eligibility to claim data breach compensation or to ask any questions you may have, contact our advisors today.

What Is Data Breach Emotional Distress Compensation?

There are two types of damage that data breach compensation can be awarded for:

Material damage: this means the financial costs of having your personal data exposed, but we’ll cover this in more detail below.
Non-material damage: this refers to the psychological impact of experiencing a breach of your personal data. Data breach emotional distress compensation is awarded for non-material damage.

Non-material damage is a very broad category of harm. The psychological harm caused by a personal data breach can range from general distress and anxiety to serious post-traumatic stress disorder in the most severe of cases.

During the case of Vidal-Hall v Google Inc. 2015, the Court of Appeal ruled psychological distress due to misuse of personal data can be compensated independently of any financial losses. Therefore, as we examine in the next section, you could claim compensation for emotional distress and other psychiatric harm without experiencing any monetary losses.

How Much Data Breach Emotional Distress Compensation Could I Receive?

Calculating a potential data breach emotional distress compensation figure is something the solicitors on our expert panel can assist you with. Those given responsibility for this task can refer to your professional psychiatric diagnosis alongside the Judicial College Guidelines (JCG).

The JCG publication contains compensation guidelines for various types of harm. We have used the psychological harm guidelines, apart from the first entry, in the table here.

Compensation Table

Please take note that the information given in this table is intended to act as guidance only.

Type of Damage	Severity	Guideline Compensation Figure	Notes
Severe Psychiatric Harm with Significant Financial Losses	Very Severe	Up to £500,000 +	Severe psychological distress with significant material damage including lost earnings, relocation costs and medical expenses.
General Psychiatric Injury	Severe (a)	£66,920 to £141,240	Marked problems relating to ability to cope with work, education and personal life and a very poor prognosis.
	Moderately Severe (b)	£23,270 to £66,920	A more positive prognosis than above but significant problems with regard to employment and the ability to cope with daily life will remain.
	Moderate (c)	£7,150 to £23,270	The injured person will have experienced a marked improvement in their condition and the prognosis will be good.
	Less Severe (d)	£1,880 to £7,150	Awards in this bracket are dependent on the length of disablement, and impact on sleep and day to day activities.
Post-Traumatic Stress Disorder	Severe (a)	£73,050 to £122,850	Permanent and severe effects across all aspects of life preventing anything resembling the pre-trauma functioning.
	Moderately Severe (b)	£28,250 to £73,050	Significant disability for the foreseeable future despite some recovery with professional help.
	Moderate (c)	£9,980 to £28,250	The injured person will have experienced a large scale recovery and not be experiencing any gross disablement.
	Less Severe (d)	£4,820 to £9,980	Virtual recovery within 1 to 2 years, with only minor persisting symptoms.

Material Damage In Data Breach Claims

You may be able to claim compensation for material damage as well the psychological distress during your claim.

Examples of costs you could be compensated for include:

Lost earnings due to any time taken off work to recover.
Medical bills stemming from treatment for psychological injuries, such as prescription medications or therapy sessions.
The costs of security measures or relocation costs should your address be exposed.

Be sure to retain copies of any supporting documents, such as your payslips, invoices and other bills, as evidence of these losses.

This section is intended to act as guidance only. To find out more about what compensation could be paid out in your particular circumstances, talk to our advisory team today.

What Should I Do To Claim For Emotional Distress After A Data Breach?

As part of your data breach emotional distress compensation claim, you will need to provide supporting evidence. The purpose of this evidence is twofold, first is to prove that the data controller or processor breached data protection law and caused the data breach. The second reason is to demonstrate the impact the personal data breach had on you.

Gathering evidence is something the highly experienced data breach solicitors on our panel could assist you with if you have a valid claim. We have provided a list of possible evidence you could use here:

The data controller should notify you if a personal data breach occurs. This could be as a written letter or email.
You should also retain any additional correspondence between yourself and the organisation.
Medical documentation from a psychiatric professional diagnosing you with emotional distress or other psychological conditions. It is a legal right to request copies of your medical records.
Payslips, bills, and other proof of any material damage caused.
Any findings from an ICO investigation.

As a data subject, it is your right to express concerns to data controllers at any time regarding the handling of your personal information. If you get no meaningful response, or are dissatisfied with the response you receive, you can issue a complaint to the ICO.

While the ICO do not have the power to settle cases or award compensation, they can issue penalties, including substantial fines, to data controllers who fail to comply with the UK GDPR. Any findings from this investigation can be used as evidence in your claim.

For a free assessment of your eligiblity to claim or to ask advisors about the supporting evidence you can use, get in touch today using the contact details given below.

How Can A No Win No Fee Data Breach Solicitor Help Me?

In order to claim data breach emotional distress compensation with a solicitor from our panel of experts, our advisors will first need to assess your eligibility. If your potential claim is deemed valid, you could be offered a Conditional Fee Agreement (CFA).

The CFA is a No Win No Fee contract that gives claimants a number of benefits, including:

No fees to pay for the solicitor to begin working on the case.
There will also be no fees for that work during the data breach claims process itself.
Lastly, if the claim fails, you will not have any service fees to pay.

When starting your claim with a solicitor from our panel of data breach experts, you will only pay a fee if the claim succeeds. Upon winning the case, you will receive data breach compensation. Some of this will make up the solicitor’s success fee, but most of it will be yours to keep.

As The Conditional Fee Agreements Order 2013 puts a legally binding cap of 25% on success fees, you know from the beginning that you will receive the majority of any compensation that is paid out.

You can get a free consultation on your potential claim’s validity by speaking to our advisory team. You can reach us 24 hours a day using the contact information provided here:

Call us on 020 8050 3051.
You can also contact us online by completing this form.
Or, you can use the live chat function at the bottom of your screen.

Data Breach Impact On Businesses – What Could These Be And How Can It Be Prevented?

If you are an organisation that processes the personal data of UK residents, you are obligated under data protection law to take all the necessary steps to protect said data. If you fail to protect this data, not only will it have an effect on the individual whose data was breached, but it could also impact your organisation. This guide aims to explain the potential data breach impact on businesses. We’ll look at some specific ways that a data breach can harm a company and also at proactive steps that you, as a company, can take to repair the damage and prevent cyber threats from happening again.

Data breaches are serious problems that can impact companies, large and small, all around the world. With ever more sophisticated tactics to infiltrate and steal personal data, it’s never been more important to know the risks to your business.

If you’d like to access free information about seeking compensation for the harmful impact of a personal data breach, speak to our advisors. We work closely with a team of data breach solicitors who are experts at guiding people through a compensation claim against a company at fault for a data breach.

Contact us online, and if you are eligible to seek compensation.
Please call our team for free on 0208 050 3051
Or ask us anything via the live support below.

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What Is The Potential Data Breach Impact On Businesses?
How Can You Prevent A Data Breach?
What Should You Do If You’ve Suffered A Data Breach?
Learn More About Data Breaches

What Is The Potential Data Breach Impact On Businesses?

The impact of a data breach on businesses can be devastating. If information is accessed and stolen, the repercussions to the staff and business operations can take weeks, months and even years to overcome.

In addition to dealing with the constant threat of cyber attacks, companies have normal, everyday data obligations. Personal data (any information that reveals your identity) must be safeguarded as per the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). These laws require those who process personal data to comply with certain rigorous processing standards.

Also, the company risks exposure to potentially huge fines from the independent watchdog of data processing rights called the Information Commissioners Office (ICO) if they fail to protect data entrusted to them. Whether the cause of the data breach was accidental human error or deliberate, if wrongful conduct with data was the root cause of the breach, the company can be fined.

Below, we set out some examples of the potential data breach impacts on buisnesses.

Reputational Damage

Customers are considerably less likely to trust a company that has suffered a serious data breach. They can be forgiven for being hesitant to place their payment details and personal information with the company. Regardless of whether that company tried its hardest to comply fully with data protection laws, reputational damage can be almost impossible to reverse.

As word of the data breach gets out, some customers may leave. Online reviews can also worsen the reputational harm. The expense of hiring PR firms and launching publicity campaigns to rectify their public perception is both expensive and time-consuming. Making it harder for small businesses and medium-sized companies to bounce back from this reputational damage and restore consumer trust.

Sensitive Data Loss

Ordinary personal data such as names, addresses, email addresses and bank details are protected. Particular scrutiny applies to how certain sensitive information is used. The ICO describe specific types of information as special category data. This is based on its potential to cause the data subject a greater level of harm if compromised and there for requires a greater deal of protection. Special category data includes:

Medical records and health information.
Political and philosophical beliefs.
Trade union memberships and affiliations.
Sexual orientation.
Religious and philosophical beliefs.
Biometric data.
Data concerning dependants.
Information about criminal records, convictions and prosecutions.

Depending on the precise nature of the business or organisation, it may be required to store and process personal information such as this. Larger companies routinely need to keep a wide swath of sensitive customer information about employees and customers.

The consequence of this type of personal data being breached can not only be greatly impactful for the individual, but it could also harm you as a business. It may lead to existing customers no longer trusting you and your services and, therefore, no longer wanting to use you.

Operational Downtime

The impact on the business is not just the loss of new or existing customers. In the immediate aftermath of a data breach, there are direct financial consequences to the company, such as replacing software and installing new IT defences. Then there is potentially the cost of stolen funds, the potential loss of intellectual property and damage done to digital assets.

In addition to these emergency actions, staff may be required to cease normal operations and focus instead on trying to contain the data breach problem. Whole IT departments might be required to address the data attack damage. In some cases, an external forensic agency might be needed to come in. The expense and disruption created to normal trading can last for weeks while this agency tries to locate the source of the data breach, establish its impact and restore data security.

Furthermore, unless corrective measures are put in place immediately to prevent future data breaches, it can be possible to suffer ongoing harm to the organisation. Time will again be needed to re-secure data, change passwords, install better IT defences, make security investments and identify these vulnerabilities.

Legal Implications

Organisations must show how they comply with the data protection laws we mentioned above. Part of this compliance is to show that all necessary steps were taken in order to protect the personal data of staff and customers, whether this data was in digital or paperwork formats.

Also, staff who work with personal data need to be correctly trained about the DPA and UK GDPR standards of data processing. This entails showing that they understand their obligation not to destroy, alter, lose, duplicate or share personal data in unauthorised ways or without a lawful basis.

Another legal compliance can be ensuring that staff in the company only have access to the personal data that they need in order to perform their tasks. Furthermore, an awareness of data fraud and online deception is crucial in helping staff protect information that belongs to other people. With ever more sophisticated phishing and hacking tactics, it’s vital that staff feel confident in what they’re doing.

Failure to adhere to data laws can expose the company to legal implications that are not restricted to ICO fines. Potentially, every impacted data subject could have a compensation claim against the company if they can prove the breach of data harmed them. The costs of paying legal fees and damages to all these people can be costly.

If your personal data has been impacted by an organisation, such as the one you work for, we could help you with claiming data breach compensation. Contact our advisors today to learn more,

How Can You Prevent A Data Breach?

Now that we have shared the potential data breach impacts on businesses, you may also be wondering how to prevent a data breach from occurring.

It’s essential to know what actions can be taken to prevent a data breach prior to or after one has resulted in stolen information. The following can help:

Check available CCTV footage to see if anyone was able to gain access to the premises and the data. Close off this vulnerability.
Regularly update passwords and authentication steps.
Ensure staff are regularly trained and up to date on data protection measures.
Apply locks to cabinets and areas that contain personal data paperwork.
Increase IT security investments to prevent cyber threats and the potential data breach impact on businesses in the future.

What Should You Do If You’ve Suffered A Data Breach?

There are numerous actions open you after a data breach has impacted you or your company:

Organisations that discover a data breach that might impact the rights and freedoms of their customers, staff or the public have a duty to report the breach to the ICO. This should be done no later than 72 hours after discovery. Keep a copy of all correspondence.
You must inform the individuals whose personal data was affected in the breach without undue delay if you believe their rights and freedoms are at risk. This needs to include exactly what information was breached.
Implement necessary safety measures to prevent a similar data breach from occurring again, e.g. updating cybersecurity measures and retraining staff on data protection.

If you have been informed that an organisation has breached your personal data, either as a customer or a staff member, you may also wish to seek advice on what steps you could take next.

Contact our advisory team today to see how one of the data breach solicitors on our panel could help you after your personal data has been breached:

Contact us online, and if you are eligible to seek compensation.
Please call our team for free on 0208 050 3051
Or ask us anything via the live support below.

Learn More About Data Breaches

The following resources provide more information on data breaches and how to claim for them:

Read about how to sue a company for breach of data protection here.
Steps to take if your password has been part of a data breach.
General information on the data breach claims process is available here.

Additionally, you can check out these external resources:

Information on the ICO enforcement and regulatory fines for data breaches.
As well as specific guidance about data security for businesses from the ICO.
Read some Government information on the general data protection regulation rules.

In conclusion, thanks for your interest in this guide about data breach impact on businesses.

How Much Is A Data Breach Claim Worth?

3 Replies

How much is a data breach claim worth? Do you need more information on the compensation that you could be owed after an organisation breached your personal data? This article discusses how financial and psychiatric injury is assessed after a personal data breach.

In the UK, personal data is protected by law. The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) set out the steps that organisations must take when handling the personal data of UK residents. These laws are enforced by an independent body called the Information Commissioner’s Office (ICO).

If your data is breached, our advisors can help. To find out more about compensation for the consequences of a data breach in a free consultation, simply:

Call our advisors on 0208 050 3051
Contact us online
Use the live chat option below

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How Much Is A Data Breach Claim Worth?
When Are You Eligible To Make A Breach Of Data Protection Claim?
What Evidence Could Help You Receive Data Breach Compensation?
Want To Claim On A No Win No Fee Basis? Contact Us For Free Today
Learn More About How Much A Data Breach Claim Is Worth

How Much Is A Data Breach Claim Worth?

When asking how much a data breach claim is worth, there are two areas of damage that we can look at. Non-material damage looks at the psychiatric injuries caused by the breach, whereas material damage looks at the financial losses caused by the breach.

Personal data can be any detail that alone or alongside other details may reveal or infer an identity. A personal data breach occurs if the availability, confidentiality, or integrity of this data is compromised in a personal data breach.

There are no average payouts for data breach claims, because they are valued on a case-by-case basis. We will explain this further on in this guide.

Below is an excerpt from a publication called the Judicial College Guidelines (JCG) that solicitors and lawyers often use to assess compensation for physical and psychological injuries. The award brackets are based on successful past court awards in England and Wales. These figures cover non-material damage payouts.

Mental Health Condition		Amount Brackets	Description
Mental Injury	Severe (a)	£66,920 to £141,240	The individual will experience serious levels of injury in all areas of life with a poor future prognosis
	Moderately Severe (b)	£23,270 to £66,920	A long-standing injury, similar to the bracket above but with a more favourable prognosis
	Moderate (c)	£7,150 to £23,270	Injury that is initially serious but shows a distinct improvement by the time the case may need to be heard
	Less Severe (d)	£1,880 to £7,150	Awards here look at the length of illness caused and the effects symptoms have on daily life
PTSD	Severe (a)	£73,050 to £122,850	A significant and far-reaching trauma response that greatly reduces the quality of the person's life in all areas
	Moderately Severe (b)	£28,250 to £73,050	Similar levels of injury that show an improvement after professional counselling
	Moderate (c)	£9,980 to £28,250	A good recovery in general with persisting issues being manageable
	Less Severe (d)	£4,820 to £9,980	Almost a full recovery with any persisting issues being minor

Could I Claim Compensation For Financial Losses Caused By The Data Breach?

Material damage is calculated based on the financial losses you suffer due to the breach. For example, material damage compensation may cover:

Stolen funds from your bank account
Damage to your credit score
Fraudulent credit card purchases in your name

To learn more about calculating compensation and how much a data breach claim is worth, get in touch with our advisors today.

Who Pays Compensation In A Data Breach Claim?

In a data breach claim, compensation is often paid by the insurance company of the defendant. In a case, you will therefore submit a claim against the organisation responsible for the breach, and then your solicitor will deal with their insurance company.

When Are You Eligible To Make A Breach Of Data Protection Claim?

Not all personal data breaches can form a valid claim. In order to be eligible for compensation, your case must meet the criteria set out by the UK GDPR in Article 82. This means that in order to claim:

The breach has to include your personal data
It must be a result of the organisation’s failings
You must suffer harm either psychologically or financially

If all three of these apply to your case, then you may be eligible for compensation.

Is There A Data Breach Claim Time Limit?

Generally, there is a six year time limit for starting a personal data breach claim. However, this falls to one year if you are making a claim against a public body.

To find out if your claim is within the time limit, get in touch with our advisors today. Or, read on to learn more about how much a data breach claim is worth.

What Evidence Could Help You Receive Data Breach Compensation?

Below are some tips and actions that can help support a data breach claim and help establish how much a data breach claim is worth:

Collect all correspondence about the data breach, including letters of notification from the organisation or correspondence with the ICO
Keep copies of medical records or notes that illustrate the psychological damage caused by the breach
Keep all receipts, bank statements, and other documents that show financial loss

Contact our team today to find out how a solicitor from our panel could help you gather evidence.

Want To Claim On A No Win No Fee Basis? Contact Us For Free Today

If you choose to work with a legal professional to make your claim, solicitors offering No Win No Fee contracts such as Conditional Fee Agreements (CFAs) may be able to help.

Under a CFA, you generally do not pay your solicitor a fee for them to begin working on your case. Similarly, they will not ask for any ongoing fees as the case progresses. In fact, the only fee you will pay a solicitor under a CFA is a success fee if your case succeeds.

This fee is capped legislatively and is taken from your compensation. This helps to ensure that you get the most of your award. If your claim fails, your solicitor won’t take a fee for their work.

To find out if a solicitor from our panel could help you, get in touch with our team:

Call our advisors on 0208 050 3051
Contact us online
Use the live chat option.

Learn More About How Much A Data Breach Claim Is Worth

For more helpful guides:

More on claiming compensation because of distress
Other types of personal data breach
Further reading if you suffered a data breach on social media

Or, for more resources:

For more questions related to how much is a data breach claim worth, get in touch with our advisors today.

Can My Employer Take Photos Of Me Without Permission And Could I Claim?

There might have been occasions when you’re at work where your employer takes or arranges photographs in the workplace. They might have been taken for marketing, internal communications or even security purposes. Even one simple photo can cause significant harm if it’s misused, so employers have to follow data protection laws closely. If you’ve ever asked, “Can my employer take photos of me without permission?”, read our guide to learn how these laws help to answer that question.

In some cases, taking or sharing a photo without consent could be the basis of a personal data breach compensation claim. We explain this in detail by covering what sort of scenario could lead to a claim and how compensation can address up to two different types of damage.

If you’ve been affected by misuse of your image, you may be able to make a claim. Read through to the end of our guide to learn how a solicitor from our panel could help you seek compensation on a No Win No Fee basis.

You can chat with an advisor from our team about data breach claims today. If your case is one a solicitor could take on, you could be connected right away. To make the most of our free round-the-clock support service, either:

Call 020 8050 3051
Contact us using our online form.
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Can My Employer Take Photos Of Me Without Permission?
Case Study: Photo Data Breach By Employer
How Much Compensation Could I Receive For An Image Data Breach?
What Could I Do If I Want To Claim After My Employer Has Taken Photos Without Permission?
Use A No Win No Fee Solicitor To Claim For An Employer Data Breach
Learn More About Claiming For An Image Data Breach

Can My Employer Take Photos Of Me Without Permission?

A picture that clearly shows you is a form of personal data, which is information that can be used alone or in combination with other information to identify an individual. As the party responsible for taking your photo, your employer decides how and when this data is processed.

However, you may be wondering, ‘Can my employer take photos of me without permission?’. They might claim a lawful basis for taking the photo. For example, a company in a high-security building might argue that they need to take ID photos of each employee for safety reasons.

This does not mean that employers can do whatever they like with employee photographs, as they must act in accordance with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR.)

To stay in line with data protection law, an employer must ask individual employees for permission to take and use photos of them, especially if those photos will be publicly visible.

Article 82 of the UK GDPR says that an individual has the right to seek compensation for a personal data breach. A breach is defined by the Information Commissioner’s Office (ICO) as a security incident that affects the availability, confidentiality and integrity of an individual’s personal data. The ICO is a watchdog that protects UK citizens’ data rights.

You could make a data breach compensation claim if:

Your employer failed to follow the DPA and UK GDPR. For example, they sent out an image of you in an email without permission.
This led to a data breach where your personal data was affected.
You experienced mental or financial damage or both as a result.

You can call the number above to discuss whether you have a valid case.

Case Study: Photo Data Breach By Employer

This illustrative case study offers an example of what could happen if a photograph is taken and used without consent.

The claimant worked for a recruitment agency when a photo of them talking to a colleague was taken. They believed that it was going to be used for posts on the business’s internal site. Instead, it was posted as the company’s main website image and used on social media to promote the business. It meant that images from which the claimant could be identified directly were displayed on the internet without their permission.

Their employer was not aware that the claimant had previously been a victim of domestic abuse and had been forced to move home. The data breach allowed their ex-partner to become aware of their new address and employment. This meant that the claimant suffered severe anxiety and had to relocate, also meaning that they left their job. Moving house cost the claimant a significant amount of money.

The claimant sued their former employer for the effects of the personal data breach. With the help of an expert solicitor, they were successful and received considerable compensation as a result.

Read the next section of our guide to learn more about data breach compensation and call the number at the top of this page to see if a solicitor from our panel could help you claim.

How Much Compensation Could I Receive For An Image Data Breach?

If your employer takes photos of you without permission and you make a successful claim for a data breach, you will receive compensation. Data breach claim payouts can address two forms of damage.

One is non-material damage, or compensation intended to address the emotional distress inflicted as a direct result of a personal data breach.

The table you see below features guideline compensation figures for different psychological injuries. Those amounts can be found in the Judicial College Guidelines (JCG), a document that those calculating payouts for non-material damage compensation might use for guidance.

It’s worth remembering that this table is only a guide and does not guarantee how much compensation you would be awarded. The first entry is not from the JCG.

MENTAL INJURY	SEVERITY	COMPENSATION	NOTES
Very Serious Psychological Injuries Plus Significant Expenses Or Losses	Serious	Up to £500,000+	Compensation addressing both material and non-material damage. This could cover emotional distress and forms of loss including medical bills, lost earnings or relocation fees.
Psychological Damage	Severe	£66,920 to £141,240	A prognosis is very poor. There are marked issues related to factors like coping with life and relationships with others.
	Moderately Severe	£23,270 to £66,920	While the same problems exist as in severe cases and are significant, the prognosis is notably more optimistic.
	Moderate	£7,150 to £23,270	There is a marked improvement and the prognosis is good.
Post-Traumatic Stress Disorder	Severe	£73,050 to £122,850	All aspects of the affected person's life are significantly affected.
	Moderately Severe	£28,250 to £73,050	There is a more positive prognosis than in a severe case, with the hope of some recovery aided by professional help. However, its effects remain likely to inflict significant foreseeable disability.
	Moderate	£9,980 to £28,250	In such cases, the affected person does not have ongoing effects that are grossly disabling after largely recovering.

Material Damage In An Employer Data Breach Compensation Claim

A person can be impacted by an image data breach in different ways. While some may be affected mentally, others may notice that the impact is more financial. With this in mind, it is also possible to claim compensation for your material damage, which refers to any monetary losses or expenses caused by the personal data breach.

Examples of material damage you could experience include:

Moving costs.
The price of installing extra security measures on your private property.
Fees for mental health counselling.
A loss of earnings from missing work due to stress.
The effect of a damaged credit rating.

Your compensation claim can be for both material and non-material damage if you were affected both emotionally and financially.

You can call us to discuss data breach compensation and learn what you might be able to claim for. Just call the number above at any time for free advice on how to claim compensation for a data breach involving your image.

What Could I Do If I Want To Claim After My Employer Has Taken Photos Without Permission?

If your employer takes photos of you without permission and you want to seek compensation, there are some initial steps you could take. These include:

Seeking support from a medical professional. For example, a psychologist could assess your psychological injuries and provide a report. A copy of your medical records could be used as evidence during the claims process.
Keeping all receipts, payslips and other documents that highlight any material damage.
Collecting all other available information that might prove the data breach and its effects. For example, your employer may have sent an email or text message where they admitted they were liable for a data breach after you raised concerns with them.
Seeking out expert legal guidance. If you have reasonable grounds to claim, a solicitor from our panel could give professional advice and backing through every step of the process.

Call today if you’d like more insight into what you could do to get your potential employer data breach claim off to the best possible start.

Use A No Win No Fee Solicitor To Claim For An Employer Data Breach

Having answered the question, “Can my employer take photos of me without my permission?” we want to explain how a solicitor from our panel could help you seek compensation for the unauthorised disclosure of your personal information.

Our panel of expert data breach solicitors can offer their services under a Conditional Fee Agreement (CFA), a No Win No Fee contract that provides claimants with some very desirable benefits:

Paying no fees for the solicitor to begin work on the case.
No fees to pay during the claims process itself.
Lastly, should the claim fail, you will not incur any fees.

A successful claim will see you awarded data breach compensation. A percentage of this will make up the solicitor’s success fee. Since success fees are subject to a legally binding cap by The Conditional Fee Agreements Order 2013, most of the compensation will be yours to keep. To find out about claiming compensation against an employer for non-consensual photographs, or to ask our advisors, “can my employer use my photo without my permission in the UK?” use the contact details given here:

Calling us on 020 8050 3051.
Writing to us using our ‘Contact Us’ form.
Using the live support feature below.

Learn More About Claiming For An Image Data Breach

Our other articles provide further data breach claim guidance:

Learn what you can do if your password was part of a data breach and you were affected.
You can claim for accidental destruction of your personal data, as we explain here.
We review how our panel’s No Win No Fee solicitors can help you claim.

These sites may also help when you consider your options:

The ICO discusses when an organisation needs or does not need your consent.
Guidance for individuals and families on data breaches from the National Cyber Security Centre.
The NHS explains where you can get urgent mental health support.

Hopefully, we have answered, “Can my employer take photos of me without permission?”. If you have any other questions regarding claiming for a data breach, you can contact our advisors.

Can You Get Compensation For A Data Breach?

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This guide will explore the question ‘can you get compensation for a data breach?’. You may be asking this question after discovering your personal data was involved in a breach through receiving a letter of notification from an organisation. Alternatively, you may suspect your personal data has been affected by a breach. If so, this guide could help you understand when you could be eligible to make a data breach claim, and the potential compensation that could be awarded if you succeed in doing so.

Can You Get Compensation For A Data Breach?

Data controllers, those who set the purpose for processing personal data, and data processors, those who act on behalf of the controller, have a responsibility to adhere to data protection laws. Namely, the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) seek to protect your personal data. We explore how a failure to adhere to these laws could see your personal data compromised in a breach, and the impact this could have on you financially or psychologically.

To conclude, we explain the benefits of starting a compensation claim for a data breach with help from a skilled solicitor in this field.

At Data Breach Claims, our advisors can provide an assessment of your case. If you have a valid claim, they could put you in touch with a solicitor from our panel offering a No Win No Fee agreement. Find out more via the contact details below:

Call us free, 24/7 on 020 8050 3051
Contact us via our webpage
Or try our live chat bubble.

Select A Section

Can You Get Compensation For A Data Breach?
How Much Compensation Will I Get For A Data Breach?
Personal Data Breach Examples
Work With A Data Breach Solicitor On A No Win No Fee Basis
Learn More About What To Do If A Data Breach Happens

Can You Get Compensation For A Data Breach?

In order to get compensation for a data breach you need to meet certain criteria.

Controllers and processors both have an obligation to adhere to the UK GDPR and the DPA 2018. You must be able to demonstrate that they failed to follow these data protection laws when processing your personal data, which is information that can be used to identify you, such as your name, email address or telephone number.
It must also be shown that as a result of the controller or processor breaching data protection legislation, your personal data was compromised in a breach. A personal data breach can be defined as a security incident that affects the availability, confidentiality, or integrity of your personal data.
You must have suffered financial loss, emotional harm, or both as a result of the personal data breach.

If you would like to establish that you meet the criteria for a data breach claim, speak to our team of advisors by calling on the number above.

How Much Compensation Will I Get For A Data Breach?

An eligible data breach claim that succeeds can see compensation for two types of damage awarded. The first is called non-material damage which refers to the psychological harm caused by the personal data breach. This can include distress, anxiety, depression and post-traumatic stress disorder caused because of the data breach.

Legal professionals can turn to a document called the Judicial College Guidelines (JCG) for help in evaluating mental harm. It contains a list of guideline award brackets that correspond to different types of psychiatric injuries. We have included an excerpt below, but you should only use this as a guide because settlements will vary.

Award Bracket Guidelines

Type of Harm	Severity and Award Bracket Guidelines	Notes
Psychological Harm	Severe - £54,830 to £115,730	A very poor prognosis and marked issues affecting different areas of the person's life.
	Moderately Severe - £19,070 to £54,830	A better prognosis but there are still significant problems affecting different areas of the person's life.
	Moderate - £5,860 to £19,070	There is a significant improvement and the person has a good prognosis,
	Less Severe - £1,540 to £5,860	The award given will account for how long the person was affected and to what extent.
Post-Traumatic Stress Disorder (PTSD)	Severe - £59,860 to £100,670	Permanent issues affecting all aspects of the person's life and preventing them returning to a pre-trauma level.
	Moderately Severe - £23,150 to £59,860	A better prognosis and some recovery likely with professional help but significant issues are still likely to occur for the foreseeable future.
	Moderate - £8,180 to £23,150	The person makes a recovery of a significant nature and any ongoing issues they experience won't be hugely disabling.
	Less Severe - £3,950 to £8,180	A virtually complete recovery within 2 years and minor symptoms only persisting beyond this.

Claiming For Material Damage In A Data Breach Claim

Compensation could also be awarded to address material damage which refers to the monetary losses caused by the personal data breach.

For example, you may have missed work because of the stress caused by the breach resulting in you losing income. Alternatively, you may have experienced fraudulent purchases on your debit and credit card due to a data breach.

Evidence in the form of bank statements and wage slips could help prove any monetary expenses incurred.

For more information on when you could get compensation for a data breach and how much you could receive, call an advisor on the number above.

Personal Data Breach Examples

A personal data breach could occur in several ways, such as as a result of human error or a cyber security incident. For example:

A letter containing your personal data is sent to the wrong address despite the organisation having the correct details for you.
Information relating to your finances contained within paperwork is lost or stolen due to inadequate physical security measures.
There is a failure to use the blind carbon copy (BCC) feature when sending out a mass email, resulting in others seeing your email address.
A device is lost or stolen after an employee left it on public transport.
The cyber security systems of an organisation are weak or insufficient, meaning that an external hack happens more easily and personal data is stolen in a ransomware attack.

To discuss your specific case and get an answer to the question ‘Can you get compensation for a data breach?’ call our team on the number above.

Work With A Data Breach Solicitor On A No Win No Fee Basis

If our advisors find that you have an eligible claim for data breach compensation, they could connect you with a No Win No Fee solicitor from our panel. Our panel offer a version of this contract called a Conditional Fee Agreement (CFA). Under the terms of this, you can typically benefit from:

No upfront or ongoing fees for the work completed by your solicitor.
Nothing to pay for the services your solicitor provides if the claim fails.

If you have a case that completes successfully, your solicitor will take a percentage of your compensation. They take this as their success fee. However, the percentage has a legal cap and you will be able to discuss the fee with your solicitor prior to them beginning any work on your case.

For more information on whether you can get compensation for a data breach, and how a data breach solicitor from our panel could help, contact an advisor. To do so, you can:

Call us free, 24/7 on 020 8050 3051
Contact us via our webpage
Or try our live chat bubble.

Learn More About What To Do If A Data Breach Happens

For more of our helpful guides:

Read our guide providing examples of data breaches and when you could claim compensation.
Learn if you could seek compensation following an email data breach that affected your personal data.
Find out if you could claim compensation following a data breach on social media.

For more external resources:

GOV.UK – Tips for staying safe online
Information Commissioner’s Office (ICO) – Information for the public
National Cyber Security Center – Information for individuals and families

We hope this guide has answered the question ‘Can you get compensation for a data breach?’. If you require any other further information, please contact an advisor on the number above.

Writer Jeff Walker

Editor Meg Monsoon

What Constitutes A Breach Of Data Protection?

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The aim of this guide is to provide you with an idea of what constitutes a breach of data protection. There are certain pieces of legislation that set out the ways in which your personal data needs to be handled, stored, and processed. If there is a breach of these laws, this would be a breach of data protection. We provide examples of how this could occur and lead to your personal data becoming compromised later in our guide.

What Constitutes A Breach Of Data Protection?

In some instances, you may be eligible to claim following a data protection breach, if it has affected your personal data. However, certain other criteria need to be met in order to do so. As you move through our guide, we will explore when you could have valid grounds to seek data breach compensation.

Additionally, this guide explores what personal data is, the definition of a personal data breach, and how it could affect you.

Furthermore, we discuss the compensation that could potentially be awarded to address the impact of a data breach.

Finally, we explore the benefits involved in working with a data breach solicitor offering their services in a No Win No Fee capacity.

For more information, you can get in touch with an advisor as they can offer further guidance and answer any questions you might have regarding your potential case. To reach them, you can:

Call us for free on 020 8050 3051
Contact us online
Use our live chat option below.

Choose A Section

What Constitutes A Breach Of Data Protection?
Examples Of A Data Protection Breach
How Much Compensation Could I Receive For A Data Breach?
How Can No Win No Fee Data Breach Solicitors Help You?
Learn More About What A Breach Of UK GDPR Is

What Constitutes A Breach Of Data Protection?

When discussing what constitutes a breach of data protection, it’s important to look at the legislation that protects the personal data of UK residents. These are the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).

These laws outline the responsibilities of data controllers and processors when handling, processing, and storing personal data. Data controllers set the purpose and means for processing, whilst data processors act on their behalf. A failure on the part of either of these parties to adhere to these laws could mean there has been a data protection breach.

In some cases, this could lead to your personal data being compromised. Personal data is any information that can be used to identify you, such as your name, phone number, email address, postal address, or credit card and debit card details. There is also another type of personal data known as special category data which is more sensitive and requires extra protection. This can include information concerning your health.

A breach of personal data is a breach of security where your personal data has been altered, destroyed, or lost either by accident or unlawfully. It can also involve your personal data being accessed or disclosed without authorisation.

In some instances, you could be eligible to make a personal data breach claim. However, you need to prove:

A controller or processor did not adhere to data protection laws.
Due to their wrongful conduct, your personal data was compromised in a breach.
You experienced financial damage, mental suffering, or both, as a result.

Additionally, you need to ensure you start your claim within the relevant time limit for data breach claims. Generally, this is 6 years.

For more information on when you could be eligible to seek compensation, please contact an advisor on the number above.

Examples Of A Data Protection Breach

There are several ways a data protection breach could lead to your personal data becoming compromised. For example:

As a result of human error, a letter containing your new debit card, including the pin, is sent to the wrong postal address despite the correct details being on file. This leads to you suffering financial loss.
Due to files containing sensitive information, such as information concerning your health, not being stored correctly, unauthorised access is gained. As a result, your medical information is compromised in a breach causing you stress and anxiety.

It’s important to be aware that not all data protection breaches will lead to your personal data becoming compromised. As such, it may not always be possible to claim. To discuss your specific case, or what constitutes a breach of data protection, please call an advisor on the number above.

How Much Compensation Could I Receive For A Data Breach?

Following a successful data breach claim, compensation can be awarded for the following:

Non-material damage: This refers to the psychological harm the personal data breach has caused you, such as stress, anxiety, and emotional distress.
Material damage: This refers to monetary losses suffered due to the personal data breach, such as money stolen from your bank account. Financial documentation can help prove any losses, such as bank statements and credit reports.

In order to value your psychological harm, solicitors can refer to both medical evidence and the Judicial College Guidelines. This is a document containing guideline award brackets, some of which have been included in the following table.

Please only use these figures as a guide rather than a exact representation of what you will receive. This is because each payout can differ depending on your specific case.

Harm	Severity	Guideline Amounts	Other Notes
General Psychiatric Harm	(a) Severe	£54,830 to £115,730	A very poor prognosis as well as marked problems affecting the several areas of the injured person's life.
	(b) Moderately Severe	£19,070 to £54,830	A better prognosis but there are still problems of a significant nature affecting several areas of the person's life.
	(c) Moderate	£5,860 to £19,070	There is a significant improvement and a good prognosis.
	(d) Less Severe	£1,540 to £5,860	How the person is affected and how long for, is considered when valuing settlements.
Post-Traumatic Stress Disorder (PTSD)	(a) Severe	£59,860 to £100,670	Due to permanent issues affecting all areas of the person's life, they will be unable to function at the same level as before the trauma.
	(b) Moderately Severe	£23,150 to £59,860	A better prognosis is achieved after professional help aids in recovery. However, a significant disability is still likely for the foreseeable future.
	(c) Moderate	£8,180 to £23,150	A significant recovery and if there are any ongoing issues, these won't be grossly disabling.
	(d) Less Severe	£3,950 to £8,180	There has been mostly a full recovery within a couple of years, and only issues of a minor nature will continue over a longer period.

For more information on the compensation for a data breach that could be awarded after a successful claim, please call an advisor on the number above.

How Can No Win No Fee Data Breach Solicitors Help You?

Our panel of data breach solicitors offer their services, such as help gathering evidence and valuing claims, in a No Win No Fee capacity. As such, they can offer you a Conditional Fee Agreement (CFA) which typically means:

Your solicitor won’t require you to pay any costs, upfront or as the case proceeds, for their services.
There is nothing to pay for the work completed on your case by a solicitor following an unsuccessful claim outcome.

If the case succeeds, a percentage will be taken from your compensation. This is subject to a legal cap, however. Also, there will be an opportunity for you to talk about the fee with your solicitor before they start any work on your case.

Contact Us For Free Today

If you require any further guidance on what constitutes a breach of data protection, and when you could be eligible to make a personal data breach claim, please speak with our team. They can also assess whether a solicitor from our panel could represent your case, and connect you if you have valid grounds to claim.

To get in touch:

Call us for free on 020 8050 3051
Contact us 24/7
Use our live chat option below.

Learn More About What A Breach Of UK GDPR Is

For more of our guides:

Read if you are able to claim for an email data breach.
Learn if you could claim following a medical records data breach.
Find out what you should do if your data has been breached.

For more resources:

GOV.UK – Tips for staying safe online
Information Commissioner’s Office – Make a complaint
National Cyber Security Centre – Information for individuals and families

Thank you for reading our helpful guide exploring what constitutes a breach of data protection. If you have any other questions, please get in touch with a member of our team using the contact details above.

Writer Jeff Walker

Editor Meg Monsoon

Examples Of An HR Data Breach

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When Are You Eligible To Make A Claim For An HR Data Breach?
HR Data Breach Examples
How Much Compensation Could You Receive From An Employer Data Breach?
Claim For Employer Data Breach Compensation Using No Win No Fee Solicitors
Learn More About HR Data Breach Examples

When Are You Eligible To Make A Claim For An HR Data Breach?

Legislation, including the Data Protection Act 2018 (DPA) as well as the UK General Data Protection Regulation (UK GDPR) outline the ways data controllers and data processors need to protect your personal data. Each of these parties has a different role with controllers setting the purpose for processing, and processors acting on the controllers behalf.

If they failed to adhere to data protection laws, and this resulted in a personal data breach, you could be caused financial damage, emotional harm, or both, as a result.

The Information Commissioner’s Office, the independent body in the UK set up to uphold information rights, has a useful definition of a personal data breach. They state it’s a breach of security in which your personal data is lost, destroyed, or altered. This can either happen in an accidental, or an unlawful way. It can also involve the disclosure or access of your personal data in an unauthorised way.

Personal data is any information that can be used to identify you. This can include your name, email address, postal address, phone number, National Insurance number, and credit or debit card details.

In order to be eligible to claim for a breach of personal data, you need to show:

There were failings on the part of the data controller or data processor to ensure data protection laws were adhered to.
As a result of their wrongful conduct, a breach involving your personal data occurred.
Due to the breach, you experienced financial loss, mental harm, or both.

Is There A Time Limit When Making Data Breach Claims?

There’s a 6-year time limit for data breach claims. If the claim is against a public body, this reduces to just 1 year.

You need to ensure that, as well as ensuring the eligibility criteria are met, you start your claim within the relevant time limit. To find out how long you may have to seek compensation, please get in touch on the number above.

HR Data Breach Examples

A data breach compromising your personal data could happen for various reasons, and in different departments within a business, such as a HR department. Below, we have provided some HR data breach examples:

Stolen files: Files containing your personal information may have been stolen due to them being stored insecurely.
Wrong email address: A member of an HR department may have sent an email containing personal information to the wrong email address, despite having the correct details on file.
Failure to use the blind carbon copy (BCC) feature: A staff member may have sent a mass work email without using the BCC feature resulting in email addresses being compromised.
Poor security: There may have been a failure to ensure the cyber security systems were up to date, making an organisation more susceptible to a cyber attack. As a result, personal information is stolen in a ransomware attack.

To discuss your specific case and find out whether you’re eligible to make a claim for personal data breach compensation, please contact an advisor on the number above.

How Much Compensation Could You Receive From An Employer Data Breach?

Data breach settlements following a successful claim can include compensation for the following:

Psychological harm, including stress, depression, anxiety, distress, and post-traumatic stress disorder, in more severe cases. This is referred to as non-material damage. Medical records can help show any mental harm you have experienced.
Monetary loss, including money stolen from your account or loans taken out in your name after your debit or credit card details have been compromised. This is referred to as material damage. Evidence, in the form of bank statements or credit reports, could help prove these losses.

In order to accurately value your mental injuries, solicitors can refer to the guideline compensation brackets set out in the Judicial College Guidelines. You can find some of these figures in the table below. However, it’s important that you only use these as a guide as settlements can vary depending on the unique circumstances of a case.

Guideline Award Brackets

Harm	Severity	Award Bracket - Guidelines	Notes
General Psychiatric Harm	(a) Severe	£54,830 to £115,730	The person has marked problems with several areas of their life, and a very poor prognosis.
	(b) Moderately Severe	£19,070 to £54,830	Significant problems with several areas of life, but a better prognosis.
	(c) Moderate	£5,860 to £19,070	A marked improvement and a good prognosis.
	(d) Less Severe	£1,540 to £5,860	The extent to which the person has been affected, and how long they have been affected, will be considered when determining the award.
Post-Traumatic Stress Disorder (PTSD)	(a) Severe	£59,860 to £100,670	Permanent issues that prevent the person from working or functioning at the same level they did before the trauma.
	(b) Moderately Severe	£23,150 to £59,860	A significant disability is likely for the foreseeable future, however, the person has a better prognosis due to some recovery after receiving professional help.
	(c) Moderate	£8,180 to £23,150	The person will have made a significant recovery and if there are any continuing issues, they won't be majorly disabling.
	(d) Less Severe	£3,950 to £8,180	A mostly full recovery within a couple of years. There may be some minor issues that persist over a longer period.

For more information on when you could claim for an HR data breach, and examples of the compensation that could be awarded if you succeed, call our team.

Claim For Employer Data Breach Compensation Using No Win No Fee Solicitors

There are several benefits of working with a data breach solicitor. For example, they can:

Help you gather evidence to support your potential claim.
Value your claim.
Regularly update you on the different stages of the claims process.
Help explain any complex legal jargon.
Work on your case at times you are unable to.

The solicitors on our panel could offer services similar to these under the terms of a No Win No Fee agreement. Whilst there are different types, the one they offer is called a Conditional Fee Agreement (CFA). Typically, this means you won’t pay any fees for the solicitor’s services upfront, as the claim proceeds, or if the claim fails.

If the claim is a success, your solicitor can take a success fee from your compensation. They take this as a percentage, however a legal cap does apply. As such, you can keep the majority of your compensation.

An advisor can discuss other HR data breach examples to help you understand whether you are eligible to claim. They can assess your potential case and determine whether you have valid grounds to claim following a breach of data protection at work. If you are, they could connect you with a solicitor from our panel.

For more information:

Call our advisors 7 days a week, 24 hours a day on 020 8050 3051
Contact us online to discuss your claim
Use the live chat feature below.

Learn More About HR Data Breach Examples

For more of our guides:

For more external resources:

GOV – Data protection
ICO – Make a complaint
National Cyber Security Centre – Tips for staying secure online

Thank you for reading our guide exploring HR data breach examples. If you have any further questions, please get in touch using the number above.

Writer Jeff Walker

Editor Meg Monsoon

Examples Of Data Breaches In Schools

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What Is A School Data Breach?
Can I Make A School Data Breach Claim?
Examples Of Data Breaches In Schools
How Is Compensation Calculated In A School Data Breach Claim?
How Can I Prove A School Data Breach Compensation Claim?
Make A No Win No Fee Data Breach Claim Using Our Panel Of Solicitors
Learn More About Data Breach Claims

What Is A School Data Breach?

A school data breach is an incident in which private information relating to pupils or staff are exposed to those who have no right to access it.

There are a number of ways that a school data breach could occur. For example:

Your child’s school might share sensitive information about a medical condition they have with another parent. As a result, they suffer from distress and depression.
After paying for your child’s school trip, your bank details are not secured properly. Due to this, they are stolen, and you have money taken from your account.
The school emails personal data relating to pupils to all parents by accident.

Can I Make A School Data Breach Claim?

In order to make a personal data breach claim, you need to satisfy the following criteria:

There was a failure on the part of the data controller or data processor to adhere to data protection laws.
As a result of their wrongful conduct, personal data was compromised in a breach.
You experienced psychological harm, financial loss, or both as a result of the breach.

Data controllers, those who set the purpose for processing, and data processors, those who act on the controllers behalf, have a responsibility to protect your personal data. This is outlined under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR)

A failure to do so could result in a personal data breach. This involves a security incident in which the availability, integrity and confidentiality of your personal data is compromised.

If an organisation is found to have breached data protection laws, the Information Commissioner’s Office (ICO) can take enforcement action, including carrying out investigations and issuing fines. However, they cannot award compensation.

To learn whether you could be eligible to claim following a school data breach, get in touch on the number above.

Examples Of Data Breaches In Schools

Personal data is any information that can be used to identify someone as a living person. This can include their name, email address, phone number, postal address and date of birth. Additionally, there is special category data which is sensitive in nature. Due to this, it is given extra protection. This can include data concerning a person’s health.

There are various ways in which a personal data breach could occur in a school setting. For example, they could happen as a result of human error or as a result of a cyber security incident.

Below, we have provided examples of data breaches in schools:

A teacher may send an email containing sensitive personal information relating to a child to the wrong email address. As a result, the children’s personal data is compromised and they are caused anxiety and stress. Additionally, this could mean the child needs time off school leading to the parent taking time off work to care for them.
A child’s educational record may be accessed in a cyber security hack. As a result, both the child’s personal data and the parent’s is compromised. This causes both to be impacted either psychologically, financially or both.

To discuss your specific case, please get in touch with an advisor. They can offer a free case assessment to determine whether you’re eligible to begin a personal data breach claim. Additionally, if you are eligible, they may connect you with a solicitor from our panel who has experience handling claims similar to your own.

How Is Compensation Calculated In A School Data Breach Claim?

Within a data breach settlement, compensation can be awarded to address two different types of damage:

Material damage: This relates to the financial loss experienced due to a personal data breach. Both a child’s and parent’s personal data is often included in the child’s educational record. For example, a parent’s debit card or credit card details may be included when a payment has been made for school lunches or school trips. If this is breached, it could lead to the parent experiencing financial loss.
Non-material damage: This relates to the emotional harm caused by the personal data breach. For example, a child or parent could be caused stress, anxiety or distress.

In order to calculate the value of non-material damage, solicitors can refer to the Judicial College Guidelines to help them. This is a publication which contains guideline award brackets. We have included some of these in the table below, but you should only use them as a guide.

Type of Psychiatric Harm	Level Of Severity	Notes	Severity and Award Bracket
Psychiatric Harm	(a) Severe	The person has a very poor prognosis and will experience significant problems with different areas of their life.	£66,920 to £141,240
	(b) Moderately Severe	A more optimistic prognosis but the person will still experience significant problems across different areas of their life.	£23,270 to £66,920
	(c) Moderate	A significant improvement will have been made and the prognosis will be good.	£7,150 to £23,270
	(d) Less Severe	Consideration will be given to how long a person was affected and to what extent.	£1,880 to £7,150
Post-Traumatic Stress Disorder (PTSD)	(a) Severe	Permanent issues affecting all aspects of the person's life will prevent them from functioning at the same level as before the trauma.	£73,050 to £122,850
	(b) Moderately Severe	A better prognosis than the case above due to the person receiving help professionally. Despite this, a significant disability is still likely in the future.	£28,250 to £73,050
	(c) Moderate	The person will have largely recovered and if there are any persisting problems, they won't cause a major disability.	£9,980 to £28,250
	(d) Less Severe	Overall, the person will have fully recovered within a couple of years. Minor symptoms may still be present after this point.	£4,820 to £9,980

For more information on examples of data breaches in schools, the impact they could have and the compensation that could be awarded to address how you have been affected, get in touch on the number above.

How Can I Prove A School Data Breach Compensation Claim?

Supporting evidence is key in a school data breach claim. The evidence you provide will need to demonstrate what damage was caused by the exposure of your personal data, as well as showing that the data controller or processor was responsible for this.

Examples of evidence you could use to support a claim following a school data breach include:

Data controllers are required to inform all affected data subjects without delay if a data breach has put their rights and freedoms at risk. This can be done via email or a written letter.
You should also hold onto any correspondence regarding the data breach between yourself and the school.
A professional diagnosis of any mental impacts will also be very useful for not only proving non-material damage occurred but also helping solicitors calculate possible compensation figures.
Receipts, payslips, bank statements and other financial documents that show you experienced material damage.
Any findings from the ICO investigation.

As a data subject, it is your right to express concerns, or even a formal complaint to the data controller at any time if you’re unhappy with how your data is being handled. If you get no meaningful response or are dissatisfied with the response you receive, then you can escalate your complaint to the ICO, who can then look into the matter, if they aren’t already.

While the ICO does not have the authority to award compensation, they can issue penalties to data controllers, such as reprimands and substantial fines if they find violations of the UK GDPR have occurred.

Any findings from this investigation can be used as part of your evidence. To find out more about claiming data breach compensation and the evidence you can gather, contact our advisors today.

Make A No Win No Fee Data Breach Claim Using Our Panel Of Solicitors

You may find it beneficial to work with a data breach solicitor from our panel. They offer the following services:

Assistance with gathering evidence to support your case
Help building your case and ensuring it is presented in full within the relevant time limit

Additionally, they can calculate your settlement and guide you through the different stages of the claims process to help you seek compensation.

Furthermore, they can provide these services on a No Win No Fee basis by offering you a Conditional Fee Agreement. This is a contract between you and your solicitor which typically means:

There is no requirement to pay any upfront or ongoing fees for your solicitor’s services.
You don’t need to pay for the time spent on your claim and the work completed by your solicitor if it is unsuccessful.

If your claim has a successful outcome, there is a requirement to pay a success fee from your compensation. This is subject to a legislative cap, however, meaning that you can keep the majority of your compensation.

To learn whether you could work with a No Win No Fee solicitor from our panel, you can get in touch with an advisor from our team. They can assess whether you have valid grounds to pursue compensation and may set you up with a solicitor if you do.

Additionally, they can answer any questions you might have after reading our guide on examples of data breaches in schools and when you could be eligible to claim.

For more information, you can:

Call on 020 8050 3051
Contact us online
Use our live chat feature.

Learn More About Data Breach Claims

For more of our helpful data breach guides:

Additionally, for more external resources:

ICO – Make a complaint
National Cyber Security Centre – Top tips for staying secure online
GOV – Data protection

Thank you for reading this guide on examples of data breaches in schools. If you have any other questions, please don’t hesitate to get in touch via the contact details provided above.

Examples Of An Email Data Breach

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When Are You Able To Claim For An Email Data Breach?
Potential Email Data Breach Examples
What Compensation Could You Receive From A Data Breach Claim?
Use Our Panel Of No Win No Fee Solicitors To Make A Data Breach Compensation Claim
Learn More About Email Data Breach Examples

When Are You Able To Claim For An Email Data Breach?

In order to begin a claim for a breach of your personal data, the following must be demonstrated:

A data controller or data processor failed to uphold the responsibilities they have under data protection legislation.
As a result of their wrongful conduct, your personal data was compromised in a breach.
This breach caused you to suffer either financial damage, emotional harm or both.

The party responsible for setting the purpose for processing your personal data is called a data controller. They can also process the data themselves. However, in other cases, they outsource this task to a data processor.

Both parties have a responsibility under the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) to protect your personal data. If they fail to do so, they could face investigation and fines from the independent watchdog called the Information Commissioner’s Office (ICO).

The ICO cannot award compensation but they are responsible for upholding the rights and freedoms of data subjects. As such, you could make a complaint to them if your personal data is compromised.

For more information on eligibility for seeking data breach compensation, please get in touch on the number above. Alternatively, continue reading for email data breach examples and the information that could be compromised.

Potential Email Data Breach Examples

The ICO defines a personal data breach as a security incident in which the integrity, availability and confidentiality of your personal data is compromised.

Personal data is any information that can be used to identify you as a living person. For example, your name, address and date of birth. Additionally, other personal data requires extra protection due to it being sensitive in nature. This is known as special category data and can include data concerning your health or revealing your racial or ethnic origin.

Email data breach examples can include:

An email containing confirmation of a hospital appointment, including reference to your medical condition, is sent to the wrong recipient.
There is a failure to use the ‘blind copy carbon’ (BCC) feature when including other recipients in a group email.

To discuss your specific circumstances and find out whether you could be eligible to seek compensation, get in touch on the number above.

What Compensation Could You Receive From A Data Breach Claim?

A successful email data breach claim could result in compensation that addresses two types of damage. The first is called non-material damage which refers to psychological harm, such as stress, distress and anxiety, caused by the personal data breach.

Legal professionals can refer to the Judicial College Guidelines to value this aspect of your settlement. This document contains guideline award brackets, some of which we have included in the following table.

However, you should only use them as a guide because your settlement will vary depending on your specific circumstances.

Type of Harm	Severity and Award Bracket	Definition
Mental Harm	(a) Severe - £54,830 to £115,730	The person will experience marked problems with different areas of their life, including their ability to cope with life and work as well as an impact on their relationships. There is a very poor prognosis as a result.
Mental Harm	(b) Moderately Severe - £19,070 to £54,830	Significant problems with several areas of their life but a better prognosis.
Mental Harm	(c) Moderate - £5,860 to £19,070	A significant improvement and a good prognosis.
Mental Harm	(d) Less Severe - £1,540 to £5,860	Consideration is given to how long and to what extent the person was affected.
Post-Traumatic Stress Disorder (PTSD)	(a) Severe - £59,860 to £100,670	Permanent issues that affect all aspects of the person's life and prevent them from returning to the same level as before the trauma.
PTSD	(b) Moderately Severe - £23,150 to £59,860	Similar issues to the above bracket which are likely to cause a significant disability in the future but the prognosis is better.
PTSD	(c) Moderate - £8,180 to £23,150	A large recovery with any ongoing issues not being grossly disabling.
PTSD	(d) Less Severe - £3,950 to £8,180	A mostly full recovery with a couple of years and only minor issues persisting for a longer period.

Material Losses In An Email Data Breach

Additionally, compensation could be awarded for material damage. This refers to any financial losses incurred due to the personal data breach. This can include:

Money stolen from your bank account
Credit card debt due to loans being taken out in your name

Proof of these losses will be required, such as bank statements and credit card reports.

Speak to our team for more information on the compensation you could receive following a successful data breach claim.

Use Our Panel Of No Win No Fee Solicitors To Make A Data Breach Compensation Claim

Although working with a data breach solicitor is not a legal requirement for starting a claim, they could offer several beneficial services, such as:

Helping you gather evidence to support your case
Building and presenting your case in full
Ensuring you start the process within the relevant time period
Valuing your settlement

The data breach solicitors on our panel could offer their services under a specific kind of No Win No Fee agreement. The contract they can offer is a Conditional Fee Agreement (CFA). This typically means:

No upfront or ongoing fees for your solicitor’s services are required.
There is no requirement to pay for the solicitor’s work if your case is unsuccessful.

If there is a successful outcome, you will pay a success fee from your compensation, which is subject to a legislative cap. This allows you to always receive the majority of your compensation.

If you would like more information on whether you could seek data breach compensation after an email data breach, get in touch with an advisor. They can assess whether you’re eligible to have a solicitor from our panel represent your case.

To get in touch, you can:

Call 020 8050 3051
Contact us online
Use our live chat feature below.

Learn More About Email Data Breach Examples

In addition to this guide on email data breach examples, you can read more of our guides relating to data breach claims:

Furthermore, we have provided some helpful external resources:

GOV – Find out what an organisation has about you
National Cyber Security Centre – Staying safe online
ICO – Data security incident trends

Thank you for reading this guide on email data breach examples and when you could be eligible to claim. If you have any other questions, please get in touch using the number above.

Writer Jeff Walker

Editor Meg Monsoon

How Much Compensation For A UK GDPR Data Breach?

1 Reply

If you have been harmed by a breach of your personal data, you may be wondering how much compensation for a UK GDPR data breach you could potentially receive.

How much compensation for a UK GDPR compensation breach

How much compensation for a UK GDPR data breach?

In this guide, we will look at the eligibility criteria for making a claim and discuss the evidence you can use to support your case.

You may be considering seeking compensation for the harm caused by the personal data breach. Get in touch with our team of advisors today for a free consultation and evaluation of your claim, during which they can provide free legal advice and help you identify whether you could be eligible to make a claim. To get in touch:

Call on 020 8050 3051
Contact us and request a callback
Use the live chat option for instant help

Choose A Section

How Much Compensation For A UK GDPR Data Breach?
Eligibility Criteria Needed To Make A Data Breach Claim
How Can A Personal Data Breach Happen?
When To Use No Win No Fee Data Breach Solicitors
Learn More About Making A Data Breach Compensation Claim

How Much Compensation For A UK GDPR Data Breach?

Damage to your mental health, such as stress, depression or trauma, can be acknowledged in personal data breach claims. These are covered under non-material damage compensation, which addresses the psychological impacts of the breach.

Below, you can find some examples of guideline settlement amounts for non-material damage compensation. These are taken from the Judicial College Guidelines (JCG), which solicitors use to help them calculate settlement awards.

JCG Examples

Type of Harm	Severity	Award Amount	Notes
General Psychiatric Harm	(a) Severe	£54,830 to £115,730	The injured person will suffer significant issues in all areas of life with a poor future prognosis indicated.
General Psychiatric Harm	(b) Moderately Severe	£19,070 to £54,830	A better prognosis than bracket above despite long-standing injury that prevents a return to empoyment.
General Psychiatric Harm	(c) Moderate	£5,860 to £19,070	Similar problems in areas of work, relationships and education but an improvement seen by the time the case may be heard at trial.
Post-Traumatic Stress Disorder (PTSD)	(a) Severe	£59,860 to £100,670	Permanent and severe trauma impacts that effect every level of the person's life with a very poor prognosis and not ability to work or function.
PTSD	(b) Moderately Severe	£23,150 to £59,860	A better prognosis than seen in the bracket above because of professional intervention.
PTSD	(c) Moderate	£8,180 to £23,150	Largely a recovery with any continuing effects not being grossly disabling.

You may also be eligible to claim material damage compensation. This addresses the financial losses caused by the data breach. For example, if your credit card details are exposed, criminals could then make fraudulent purchases in your name.

Our team can offer a free evaluation of your claim when you get in touch today.

Eligibility Criteria Needed To Make A Data Breach Claim

Personal data can be classed as any information that reveals or infers your identity. This might be alone or in conjunction with other information. Some examples of this can include your name, date of birth, or phone number.

This information is protected by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), which are enforced by the Information Commissioners Office (ICO). The ICO are an independent watchdog for data protection rights, and they can investigate and fine organisations for their data protection standards.

A personal data breach occurs when the availability, confidentiality, or integrity of your personal data is compromised by a security incident. Under the UK GDPR, your case must meet the eligibility criteria in order to claim compensation, which includes proving that:

The organisation engaged in wrongful conduct
Because of this, your personal data was breached
As a result, you experienced harm. This harm can be psychological or financial.

If you are unsure whether your case meets the criteria for claiming, contact our team of advisors today. They can offer a free evaluation of your claim and can tell you how much compensation for a UK GDPR data breach you may be eligible to receive.

How Can A Personal Data Breach Happen?

There are many types of personal data breaches, and a breach can occur in a number of ways. However, as we’ve mentioned in the section above, the breach must be a result of wrongful conduct in order to form the basis of a valid claim. For example:

An HR department data breach could occur if disciplinary records that contain your personal data are sent to the wrong address, despite having your correct address on file.
A bank data breach could occur if your bank statement was sent to the wrong email address, allowing an unauthorised party access to your financial data.
A hospital data breach could occur if a member of staff were to access your medical records without authorisation.

If you would like to learn more about how much compensation for a UK GDPR breach could be awarded to successful claimants, get in touch with our team today.

When To Use No Win No Fee Data Breach Solicitors

If you are considering starting a claim, our panel of data breach solicitors could help. They offer No Win No Fee contracts such as Conditional Fee Agreements (CFA) which allow you access to their services with a range of benefits.

For example, accessing a solicitor’s services through a CFA typically means that you do not need to pay them any upfront or ongoing fees. If your claim succeeds, then your solicitor takes a legally capped success fee from your settlement award.

This cap is in place to ensure that you get the majority of your award. But, if your claim does not succeed, then you will not be asked to pay any fees to your solicitor. If you would like to learn how a solicitor from our panel could help you, get in touch by following the information below.

Contact Us Today For Free To See If You Could Receive Data Breach Compensation

Our team of advisors are here to help. When you contact our team and start your evaluation, they can tell you whether or not you are eligible to work with a solicitor from our panel. They can also give you free legal advice and further guidance surrounding the claims process. To get in touch:

Call on 020 8050 3051
Contact us and request a callback
Use the live chat option for instant help

Learn More About Making A Data Breach Compensation Claim

For more helpful articles on data breach compensation:

In addition to this, you can find more resources:

More about the Data Protection Act 2018 (DPA)
GOV – Cyber security breaches survey
GOV – Tips on staying safe online

Contact our team if you are wondering how much compensation for a UK GDPR data breach you could potentially receive.

Written by Jeff Winkle

Publisher Cat Harley

Browse This Guide

What Is A Data Breach?

Eligibility Criteria To Claim Data Breach Compensation

What Is Data Breach Emotional Distress Compensation?

How Much Data Breach Emotional Distress Compensation Could I Receive?

Compensation Table

Material Damage In Data Breach Claims

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Can My Employer Take Photos Of Me Without Permission?

Case Study: Photo Data Breach By Employer

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Can You Get Compensation For A Data Breach?

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Award Bracket Guidelines

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Personal Data Breach Examples

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What Constitutes A Breach Of Data Protection?

Examples Of A Data Protection Breach

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When Are You Eligible To Make A Claim For An HR Data Breach?

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HR Data Breach Examples

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Guideline Award Brackets

Claim For Employer Data Breach Compensation Using No Win No Fee Solicitors

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What Is A School Data Breach?

Can I Make A School Data Breach Claim?

Examples Of Data Breaches In Schools

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How Can I Prove A School Data Breach Compensation Claim?

Make A No Win No Fee Data Breach Claim Using Our Panel Of Solicitors

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When Are You Able To Claim For An Email Data Breach?

Potential Email Data Breach Examples

What Compensation Could You Receive From A Data Breach Claim?

Material Losses In An Email Data Breach

Use Our Panel Of No Win No Fee Solicitors To Make A Data Breach Compensation Claim

Learn More About Email Data Breach Examples

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How Much Compensation For A UK GDPR Data Breach?

JCG Examples

Eligibility Criteria Needed To Make A Data Breach Claim

How Can A Personal Data Breach Happen?

When To Use No Win No Fee Data Breach Solicitors