How Much Is A Data Breach Claim Worth?

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.

How Much Is A Data Breach Claim Worth

How Much Is A Data Breach Claim Worth?

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:

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  1. How Much Is A Data Breach Claim Worth?
  2. What Compensation Could You Receive From A Data Protection Breach Claim?
  3. When Are You Eligible To Make A Breach Of Data Protection Claim?
  4. What Evidence Could Help You Receive Data Breach Compensation?
  5. Want To Claim On A No Win No Fee Basis? Contact Us For Free Today
  6. 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.

What Compensation Could You Receive From A Data Protection Breach Claim?

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 BracketsDescription
Mental InjurySevere £54,830 - £115,730The individual will experience serious levels of injury in all areas of life with a poor future prognosis
Mental InjuryModerately Severe £19,070 - £54,830A long-standing injury, similar to the bracket above but with a more favourable prognosis
Mental InjuryModerate £5,860 - £19,070Injury that is initially serious but shows a distinct improvement by the time the case may need to be heard
Mental InjuryLess Severe £1,540 - £5,860Awards here look at the length of illness caused and the effects symptoms have on daily life
PTSDSevere £59,860 - £100,670A significant and far-reaching trauma response that greatly reduces the quality of the person's life in all areas
PTSDModerately Severe - £23,150 - £59,860Similar levels of injury that show an improvement after professional counselling
PTSDModerate - £8,180 - £23,150A good recovery in general with persisting issues being manageable
PTSDLess Severe £3,950 -£8,180Almost a full recovery with any persisting issues being minor

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.

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:

Learn More About How Much A Data Breach Claim Is Worth

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Writer Jeff Walker

Publisher Cat Harley