In this guide, we will provide information on making a data breach claim. Firstly, we discuss the obligations placed on certain parties to protect your personal data as per data protection legislation. Then, we provide an explanation of what a personal data breach is, discuss the eligibility criteria that need to be met in order to begin a claim for one, and provide examples of the evidence you could gather to strengthen your case.
Data Breach Claim FAQs
Later, we discuss how a personal data breach could occur, the impact it could have, and the compensation that could be awarded to address the way you have been affected.
Finally, we explore the advantages of starting a claim with a data breach solicitor from our panel who can offer their services in a No Win No Fee capacity.
If you have any further questions regarding your data breach compensation claim, please contact an advisor for free advice. To reach them, you can:
- Call 020 8050 3051
- Contact us through the webpage.
- Use the live discussion feature below.
Browse Our Guide
- When Can You Make A Data Breach Claim?
- How Could A Data Breach Occur?
- How Much Compensation For A Data Breach Claim?
- What Should You Do After A Data Breach?
- What Are The Benefits Of Using A No Win No Fee Solicitor To Make A Data Breach Claim?
- More Resources About Compensation Claims For Data Breaches
When Can You Make A Data Breach Claim?
Data controllers and data processors are responsible for protecting your personal data. Controllers decide why and how your personal data will be used and may process it themselves. Alternatively, they can outsource this task to a data processor to act on their behalf. Their obligations are laid out by the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).
If either parties fail to adhere to data protection laws it could lead to a personal data breach. The Information Commissioner’s Office (ICO) defines a personal data breach as an incident of security that results in your personal data’s availability, integrity, or confidentiality being affected. Personal data is any information that can be used to identify you, such as your name, email address, and postal address. There is also other personal data that is more sensitive and requires extra protection, known as special category data. This can include data concerning your health.
In order to be eligible to make a claim for a personal data breach, you must prove the following:
- A data controller or processor did not uphold their obligations in adhering to data protection laws.
- Due to this failure, your personal data was affected in a breach.
- This directly caused you to suffer financial damage, emotional harm, or both.
Is There A Data Breach Claim Time Limit?
Currently, there is a 6-year time limit for starting a claim for a data breach. This reduces to just 1-year if the claim is made against a public body.
Call our team on the number above for further guidance on when you could make a data breach claim and how long you have to do so.
How Could A Data Breach Occur?
There are several ways a data breach affecting your personal information could occur. For example:
- An organisation posts your personal data to the wrong postal address, despite having the correct details on file.
- The HR department includes your personal data in a data breach by email but sends it to the wrong email address.
- Poor cyber security systems result in sensitive data being stolen in a ransomware attack.
- Paperwork or digital devices are lost and stolen because of human error.
A breach of personal data could impact you in different ways, including emotionally, and financially. For example, you could suffer stress and anxiety as a result of the breach affecting sensitive data. Alternatively, you could experience monetary losses in the form of money being stolen from your account if your credit card or debit card details are compromised.
Call our team to discuss your specific case and find out whether you’re eligible to begin a data breach claim.
How Much Compensation For A Data Breach Claim?
A settlement awarded following a successful data breach claim could include compensation for two types of damage. The first is non-material damage which refers to the psychological harm caused by the personal data breach, such as distress, stress, and anxiety.
Legal professionals can use medical reports and guideline valuation brackets from the Judicial College Guidelines (JCG) to help them value psychological harm. Figures from this document can be found in the table below. Please use them as a guide only.
Compensation Table
| Type of Psychological Injury | Severity | Notes | Award Bracket |
|---|---|---|---|
| General Psychiatric Damage | Severe | A variety of marked issues affecting several areas of the person's life with a very poor prognosis. | £54,830 - £115,730 |
| Moderately Severe | Significant issues affecting similar areas of the person's life with a better prognosis. | £19,070 - £54,830 | |
| Moderate | A significant improvement and good prognosis. | £5,860 - £19,070 | |
| Less Severe | Consideration is given to the length of time and extent the person is affected. | £1,540 - £5,860 | |
| Post-Traumatic Stress Disorder (PTSD) | Severe | All aspects of the person's life are permanently and badly affected. | £59,860 - £100,670 |
| Moderately Severe | There are still significant issues that are present for the foreseeable future but some recovery is possible with professional help. | £23,150 - £59,860 | |
| Moderate | A large recovery with any ongoing issues not being majorly disabling. | £8,180 - £23,150 | |
| Less Severe | A full recovery (almost) seen within a two-year period and remaining issues are minor. | £3,950 - £8,180 |
When Can You Claim For Material Damage?
Material damage refers to the financial losses incurred as a result of the data breach. Evidence is essential to prove these expenses. You could therefore put forward bank statements and wage slips to help when claiming back the cost of:
- Money being stolen from your account.
- Loans being taken out in your name.
- Lost income due to having to take time off because of the mental impact of the breach.
For more information on how much compensation could be awarded for a successful data breach claim, call our team on the number above.
What Should You Do After A Data Breach?
There are several steps you could take after a breach of your personal data, including collecting evidence to prove your data breach claim. Some examples of the evidence you could collect include:
- Correspondence between you and the organisation showing that a breach occurred and what personal data was affected. This could include a letter of notification or emails sent between you.
- Proof of expenses and losses caused by the data breach.
- Proof of the medical harm you experienced as a result of the breach.
Additionally, if you make a complaint to the ICO, they might choose to investigate. If they do, you could use the findings from their investigation as evidence to support your case.
For further guidance on the steps you could take following a data breach, please contact our advisors. They can provide a free case assessment and if they find you’re eligible to proceed, they could connect you with a solicitor from our panel who can assist you through the process of making a data breach claim. Call for further guidance using the number above.
What Are The Benefits Of Using A No Win No Fee Solicitor To Make A Data Breach Claim?
If you have an eligible basis for a claim, you could choose to work with a solicitor from our panel. They can offer helpful services such as:
- Collecting evidence
- Sending important correspondence on your behalf
- Value your claim
- Ensure your case is brought forward in a relevant time frame
Additionally, they can offer these services via a No Win No Fee contract called a Conditional Fee Agreement (CFA). This means no upfront or ongoing costs for the solicitor’s work. Should the claim fail, there are also no fees for the solicitor’s work.
However, in a successful outcome, a small percentage of the compensation amount needs paying as a success fee. However, this percentage has a legal cap, thereby ensuring the majority of the award goes to you.
For more information on making a data breach claim and how a solicitor from our panel could assist you, you can:
- Call 020 8050 3051
- Contact us through the webpage.
- Use the live discussion feature below.
More Resources About Compensation Claims For Data Breaches
For more guides:
- Can you claim for a data breach on social media?
- Have you suffered a data breach of medical records by a GP or hospital?
- A complete guide to bank data breach claims.
- You can also read our guide on how to claim if affected by a non-molestation order data breach
Some external resources to help:
- National Cyber Security Centre (NCSC) – Tips for staying secure online.
- ICO – Action taken.
- NCSC – Guidance for individuals and families.
Thank you for reading our guide on when you could be eligible to make a data breach claim. If you have any other questions, please call an advisor on the number above.