We trust our pension records will always be handled in line with best practices for data protection. Unfortunately, pension providers and other organisations sometimes fail to take the steps needed to protect this personal data. This can cause considerable distress, leaving those affected feeling exposed and worried about the future. If this has happened to you, read on to see if you can take your first steps towards claiming pension data breach compensation.
Key Points
- Pension records typically include full names, expected retirement dates, home addresses, and events that have occurred during membership.
- Data breaches impacting pension records may involve hacks, letters sent to the wrong address or email, or other forms of human error.
- Examples of recent breaches which may have impacted pension data include the 2023 Capita data breach.
- Data breach compensation will consider how you’ve been affected financially and psychologically.
Our panel of solicitors have guided clients nationwide through the data breach claims process, and one of them could help you next. You can speak with our advisory team 24/7, so please reach out today to see if you can be connected with a data breach solicitor from our panel:
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Jump To A Section
- Can I Claim If My Pension Data Was Breached?
- What Could Cause A Breach Of Pension Data?
- How Could You Suffer From A Pension Data Breach?
- How Much Pension Data Breach Compensation Could I Receive?
- How Could I Prove A Pension Data Breach Claim?
- Claim Data Breach Compensation Using A No Win No Fee Solicitor
- More Information
Can I Claim If My Pension Data Was Breached?
You could claim if your pension data were breached due to an organisation’s failure to comply with data protection laws, causing psychological or financial harm. All organisations have a responsibility to abide by the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). These provide the framework for governing how personal data is stored, handled, and used.
Therefore, to summarise the eligibility criteria for claiming, you must demonstrate:
- Data protection legislation was not followed.
- This failure resulted in a breach, directly affecting your personal data.
- The breach caused you psychological or financial harm (or both).
Please speak to an expert from our advisory team to learn more about getting started with your pension data breach compensation claim.
What Could Cause A Breach Of Pension Data?
A breach of pension data could be caused by hacks, human error, and inadequate security measures.
- Cyber incidents: Can include phishing attacks caused by staff not receiving sufficient training to identify fraudulent emails, as well as hacks resulting from an organisation’s failure to update cybersecurity systems regularly.
- Unauthorised access to files: Human error might result in employees leaving open non-password-protected laptops unattended on trains or in cafes. This could allow an unauthorised third party to access information about your pension.
- Human error: Pension documents might be delivered to the wrong home or email address, even though an organisation keeps the correct, up-to-date contact information on file.
If you’d like to share your own experience, our advisors are waiting to help. They will carefully review your case to see if you can claim, and they are more than happy to advise on what to do if your data has been breached.
How Could You Suffer From A Pension Data Breach?
Following a pension data breach, you can suffer emotional harm, experience financial loss, and find day-to-day life badly affected. This potential impact can lead to:
- Distress, anxiety, or PTSD developing. This can impact day-to-day life, affecting relationships, studies, and work.
- Your life being uprooted, particularly if you need to move home or make changes due to concerns about your physical safety. For example, if the pension data breach allows a violent former partner to have access to your address.
Have There Been Any Recent Pension Data Breaches
Yes, there have been several recent pension data breaches, including a 2024 incident that affected over 25,000 current and former BBC employees. Let’s take a closer look at this breach and one that involved the outsourcing company, Capita:
- Capita: About 90 organisations reported personal data breaches following a cyberattack in March 2023 and a second incident where Capita left files unsecured online. The March attack affected multiple pension funds, potentially revealing names, addresses, national insurance numbers, and other personal data.
- The BBC data security incident: Impacted over 25,000 current and former employees, compromising names, dates of birth, home addresses, and national insurance numbers.
To share your own pension data breach experience, please feel free to get in touch with our advisors.
Source: https://www.bbc.co.uk/news/technology-65746518
Source: https://www.bbc.co.uk/mypension/news/240528
Source: https://www.theguardian.com/media/article/2024/may/29/data-breach-exposes-details-of-25000-current-and-former-bbc-employees
How Much Pension Data Breach Compensation Could I Receive?
Since every claim is based on case-specific factors, how much pension data breach compensation you might receive will depend on the extent to which the incident financially and emotionally impacted you. Claimants may seek compensation for:
- Non-material damage: This is your psychological harm, whether post-traumatic stress disorder, anxiety, or depression.
- Material damage: The financial impact of the breach.
Your solicitor may use the Judicial College Guidelines when calculating the potential value of the psychological damage. They might do so because this document contains suggested compensation brackets for many kinds of harm, including those related to mental health.
We have included JCG brackets related to PTSD and general psychiatric damage to create the compensation table below. Please keep in mind that these brackets are not guaranteed, and the initial row isn’t from the document.
| Severity and harm | Notes | Compensation |
|---|---|---|
| Multiple forms of severe psychological harm and financial losses | Financial impact might encompass medical expenses, loss of earnings, and therapy costs. | Up to £250,000+ |
| Severe psychiatric harm | There are marked issues with the claimant's ability to cope with all areas of life. | £66,920 up to £141,240 |
| Moderately severe psychiatric harm | Significant issues with all areas of the person’s life, however, there is a better prognosis. | £23,270 up to £66,920 |
| Moderate psychiatric harm | A marked improvement has been made by the point of a trial. | £7,150 up to £23,270 |
| Less severe psychiatric harm | Awards considers disability duration and any impact on daily activities. | £1,880 up to £7,150 |
| Severe PTSD | There are permanent effects preventing the person working at all or as they previously did. | £73,050 up to £122,850 |
| Moderately severe PTSD | There is a better prognosis if professional help is sought. | £28,250 up to £73,050 |
| Moderate PTSD | Claimant is largely recovered with no grossly disabling effects. | £9,980 up to £28,250 |
| Less severe PTSD | An almost complete recovery is made in 1-2 years. | £4,820 up to £9,980 |
What Is Material Damage In A Pension Data Breach
As mentioned, material damage in a pension data breach claim is any financial loss you suffered due to the incident. This encompasses:
- Lost income, including any future impact on earnings.
- Any costs relating to counselling, therapy, or other mental health services.
- Additional home security, such as alarms, locks, or enhanced cybersecurity.
- Relocation for your safety.
An expert solicitor from our panel could help to assess what compensation you may be entitled to claim.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
How Could I Prove A Pension Data Breach Claim?
To prove a pension data breach claim, you can use medical records, correspondence, and financial documents to provide evidence of what happened and how you were affected.
- Medical records, such as a confirmed diagnosis from a psychiatrist showing psychological harm.
- Invoices, bank statements, payslips, and other documents showing financial losses.
- Correspondence with the pension provider, including any data breach notification letter sent out to you.
- Additionally, if you reported the data breach, you could use the findings of any ICO investigation that the regulator launched.
Time limits also apply to claims for pension data breach compensation. This is generally 6 years, but you can get more specific information by reaching out to our advisors. They will also be happy to help explain how a solicitor from our panel could help you prove your claim.
Claim Data Breach Compensation Using A No Win No Fee Solicitor
You can claim pension data breach compensation using a No Win No Fee solicitor from our panel through the terms of a Conditional Fee Agreement (CFA). This would allow you to benefit from a high-quality service tailored to your individual needs, without having to pay a service fee for your solicitor’s work either in advance or as your claim moves forward. You wouldn’t pay these fees at all in the event you lose your claim.
Instead, the solicitor deducts a percentage of your compensation as their success fee if you win your claim. This will be fully explained before you start, and there is a legal limit on the percentage. Our panel of solicitors don’t just offer generous No Win No Fee terms; they also take an active role in building a supportive environment from the outset by:
- Providing individualised guidance throughout the claims process.
- Professionally representing you in all communications.
- Negotiating a settlement that fully reflects the extent to which the pension data breach impacted you.
- Helping gather, review, and piece together a strong body of evidence.
- Giving regular updates so you stay at the heart of your case.
Contact Our Advisors
If you’re ready to take your first steps to claiming pension data breach compensation, contact our advisors anytime during the week by:
- Sharing what happened in live chat.
- Phoning 020 8050 6279.
- Clicking to contact us.
More Information
Find more information on data breach claims below:
- Get more information on what to do after a mortgage broker data breach.
- See if you can claim after the accidental destruction of personal data.
- Read about data breach at work claims.
Learn more about data protection in these references:
- Learn more about data protection in this government resource.
- Check mental health help and support services from the NHS.
- Get advice and guidance from the National Cyber Security Centre.
Please contact our advisors today to get started with your pension data breach compensation claim.