Can I Claim If My Information Was Involved In A Data Protection Breach?

This guide will explore whether you could be eligible to claim following a data protection breach that has affected your personal information.

data protection breach

Can I Claim If My Information Was Involved In A Data Protection Breach?

We will explore the data protection laws in place to protect your personal data, the entities responsible for adhering to these and how a data breach could occur if they fail to do so.

Additionally, we will discuss the impact a breach could have on you, both psychologically and financially and the compensation that could be awarded to address the way you have been affected.

Furthermore, we will discuss the steps you can take after a breach of your personal data has occurred, including gathering evidence and seeking legal representation in the form of a No Win No Fee solicitor.

For more information, please continue reading. Alternatively, you can get in touch with our advisors for free legal advice 24/7. To reach them, you can:

Choose A Section

  1. What Is A Data Protection Breach And When Am I Eligible To Claim?
  2. What Evidence Could Help You In A Data Breach Claim?
  3. Data Breach Compensation Calculator – Potential Compensation Payouts
  4. How To Report A Data Protection Breach
  5. What Are The Benefits Of Using Data Breach Solicitors On A No Win No Fee Basis?
  6. Learn More About Claiming For A Data Protection Breach

What Is A Data Protection Breach And When Am I Eligible To Claim?

The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) outline the responsibilities a data controller and data processor has to protect your personal data. Each of these has a different role. For example, the data controller decides on the purpose for processing and can often process the information themselves. If they do not process the data, they will outsource this task to a data processor who acts on their behalf.

A failure to uphold these responsibilities would be a data protection breach. However, this wouldn’t always form the basis of a valid personal data breach claim. In order to seek compensation, you must prove:

  • A data processor or controller failed to adhere to data protection laws.
  • Their wrongful conduct resulted in a breach of your personal data.
  • You experienced loss of a financial nature or emotional harm as a result.

To learn more about the eligibility requirements for making a personal data breach claim, get in touch with our team on the number above.

Examples Of A Personal Data Breach

A personal data breach is broadly described as a security incident that impacts the confidentiality, integrity and availability of personal data. Personal data is any information that can be used to identify you as a living person, such as your name, email address, postal address and phone number.

There is also special category data which is a type of personal information that requires extra protection due to it’s sensitive nature. This can include information relating to your health or your racial or ethnic origin.

Examples of how this data could be affected as a result of a data protection breach can include:

  • An employer emails the wrong payslip to an employee resulting in an email data breach.
  • A bank posts a letter to the wrong postal address.
  • A company fails to ensure it’s website has the adequate cyber security software leading to a breach of sensitive information.

As shown by the examples, there are different types of personal data breaches, including human error and cyber security incidents.

If you have experienced financial loss or psychological harm due to a breach of data protection laws, get in touch using the number above. An advisor can assess whether you’re eligible to seek compensation.

What Evidence Could Help You In A Data Breach Claim?

It’s important to gather evidence that a data protection breach caused your personal data to become compromised and led to you suffering monetary losses and emotional suffering. Evidence you could gather includes:

  • Correspondence between you and the organisation.
  • Evidence of financial losses or costs such as receipts, bank statements and credit card statements.
  • Evidence of the psychological damage you have experienced, such as a doctor report.

You could also seek legal advice from one of our advisors. They can assess whether you’re eligible to have a solicitor from our panel represent your case. The solicitors on our panel could help you gather evidence to support your case and help you through other stages of the claims process. Call our team to learn more about the services they offer.

Data Breach Compensation Calculator – Potential Compensation Payouts

After making a successful personal data breach claim, you could be awarded compensation for:

  • Material damage: This relates to the financial loss experienced because of the data breach. For example, your debit or credit card details may have been stolen resulting in money being taken from your account as well as loans being taken out in your name. Compensation could be awarded for these losses as part of your settlement.
  • Non-material damage: This relates to the emotional suffering you have experienced because of the breach. This can include mental health conditions such as anxiety disorders, distress and stress.

How Is Data Breach Compensation Calculated?

Solicitors can refer to documents like the Judicial College Guidelines to help them when valuing compensation for non-material damage. This is a document containing guideline compensation brackets. We have included some of these in the table below.

HarmCompensation BracketNotes
Severe Mental Harm£54,830 to £115,730


A very poor prognosis due to problems affecting several areas of the person's life including work and education.
Moderately Severe Mental Harm£19,070 to £54,830There are still significant problems affecting the person's life but the prognosis will be better.
Moderate Mental Harm£5,860 to £19,070Significant improvement and a good prognosis.
Less Severe Mental Harm£1,540 to £5,860


How much day to day activities and sleep were affected, as well as for how long, will be considered.
Severe Anxiety Disorder£59,860 to £100,670Permanent issues affecting all areas of the person's life badly.
Moderately Severe Anxiety Disorder£23,150 to £59,860A better prognosis due to professional help being received.
Moderate Anxiety Disorder£8,180 to £23,150Ongoing effects of a non-grossly disabling nature and a large recovery.
Less Severe Anxiety Disorder£3,950 to £8,180A mostly full recovery within a couple of years.

Please only use these figures as a guide. This is because each settlement is calculated based on the unique circumstances of your claim.

For more information on the data breach compensation you could be awarded following a successful claim, get in touch on the number above.

How To Report A Data Protection Breach

You may be wondering how you can report a data breach. There are different avenues you could take to do this, including:

  • Contacting the organisation directly. You can do this by sending a letter or email to get more information on the nature of the breach and whether your information was compromised as a result.
  • Contacting the Information Commissioner’s Office (ICO). The ICO is an independent body responsible for upholding data subject’s rights and freedoms. You can make a complaint to them if, after contacting the organisation, they give an unsatisfactory response or don’t respond at all.

For more information, please get in touch with our team. They can provide further guidance on what to do after a data protection breach.

What Are The Benefits Of Using Data Breach Solicitors On A No Win No Fee Basis?

There are several benefits of working with a No Win No Fee solicitor from our panel. Firstly, they can offer you a Conditional Fee Agreements (CFA) which typically means:

  • There is no payment required for your solicitor’s services at the beginning of your claim or while it proceeds.
  • There is no payment required for the work your solicitor has completed on your case if it fails.
  • You will pay a success fee from your compensation if your claim succeeds. This is subject to a legal cap.

Contact Us For Free Today

To learn whether a solicitor from our panel could represent your claim on a No Win No Fee basis, please get in touch with an advisor. They can assess your eligibility to seek compensation after a data protection breach and answer any questions you might have relating to your potential claim.

For more information, you can:

Learn More About Claiming For A Data Protection Breach

Below, we have included more of our data breach claim guides:

Additionally, we have provided some external resources that you might find beneficial:

We hope this guide on when you could be eligible to make a claim following a data protection breach has helped. However, if you have any other questions, please get in touch on the number above.

Writer Jeff Walker

Editor Meg Monsoon