Private company data breach claims can be made when an organisation has not handled data in the legally required way, making them liable for a breach that harmed those affected. All companies, including private businesses, have to adhere to data protection laws when processing personal data.
Key Takeaways
- You could claim data breach compensation for the emotional distress that you have suffered
- Compensation also covers the financial impact of a breach, such as payments for therapy
- A breach can result from human errors, inadequate security and disclosing information to those without authorisation
- To prove a private company data breach, you can supply a copy of your medical records and correspondence from the organisation
- A solicitor from our panel could help with your claim against a private company by helping you to gather evidence, offering legal advice and managing communication
Getting to grips with data breach claims can be challenging when you’re not familiar with this topic. This is why our advisors offer free initial consultations to explain whether you meet the eligibility criteria. You can ask them any questions you have about making a claim and how the compensation would be calculated. Should you wish to proceed, they may connect you with a solicitor from our panel for expert legal guidance throughout the process.
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
- What Are Private Company Data Breach Claims?
- Can I Make A Private Company Data Breach Claim?
- Who Can Be Held Liable For A Private Company Data Breach?
- Examples Of Private Company Data Breach Claims
- What Personal Data Could Be Exposed In A Breach?
- How Can A Data Breach Affect Victims?
- What Do You Need To Prove In A Private Company Data Breach Claim?
- How Can I Start A Claim If A Private Company Breached My Data?
- Start Your Private Company Data Breach Claim Today
- More Information
What Are Private Company Data Breach Claims?
Private company data breach claims are legal cases that allow those affected by the breach of their personal data to claim compensation. Personal data is any data that can be used on its own or with other types of data to identify you. Examples include a person’s:
- Full name
- Mobile number
- Postal address
All companies that handle personal data, including private organisations, need to meet certain measures. The Information Commissioner’s Office (ICO) is the body that upholds the data protection rights of UK citizens and provides the public with information in this regard. They define a data breach as personal information that is inappropriately accessed, lost, destroyed, altered, damaged or disclosed, either through accidental human error or unlawful actions.
Learn when a data breach may occur due to a private company failing to meet legal requirements. You are also welcome to contact our advisors for a better understanding of data breach claims and what they entail.
Can I Make A Private Company Data Breach Claim?
Private company data breach claims can be made when organisations have not enacted data protection laws, allowing for a breach of personal data, which in turn causes a person harm. The key laws to consider are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
In order to understand key aspects of how data should be handled, you can look to the data protection principles that are outlined in the UK GDPR. When processing data, it is necessary to maintain the following:
- Accuracy
- Transparency, lawfulness and fairness
- Purpose limitation
- Minimal data
- Security- confidentiality and integrity
- Accountability
- Limits of storage
You can read examples of private company data breach claims in a later section. It can be difficult to figure out who is responsible for a data breach, so don’t worry if you’re unsure about the criteria for claiming. Our advisors are available 24/7, so you can contact them to assess your case for free. You could be given the chance to work with a solicitor from our panel, so why wait to enquire?
Who Can Be Held Liable For A Private Company Data Breach?
Private companies can be held liable for data breaches when they have failed to meet the requirements of the UK GDPR and the DPA. However, the party that is responsible may not also be the organisation that you gave your data to. Private companies sometimes share data with third parties for various reasons. An example would be an online retailer that provides personal data to an accountancy firm in order to manage its finances.
In some cases, both a private company and a third-party organisation share liability for the breach of personal data. For example, this could apply if a company gave your personal data to a third party without checking that there are adequate data protection practices in place. The third party would also be liable if a breach occurs after they fail to give their staff the necessary training on data compliance.
When it comes to figuring out liability in private company data breach claims, it is not always immediately apparent. It may help you to enquire with our advisory team. They can provide you with immediate answers and explain whether a solicitor from our panel could assist with your case on a No Win No Fee basis.
Examples Of Private Company Data Breach Claims
Examples of private company data breach claims often relate to information being sent to the wrong address, inadequate cybersecurity systems and lost records. Data protection breaches are not always done with malicious intent, as simple human errors can mean that an organisation has failed to act lawfully. You could claim for the following scenarios:
- You provide an online clothing retailer with your home address, name and personal mobile number when making an order. The organisation fails to update their security systems as required, allowing for a cyber attack to occur. Your information is stolen as a consequence and you experience severe anxiety, meaning that you have to take time off work.
- A private hospital sends a letter containing your personal data to an address that is different to the one you have provided them with. You decide to relocate to a new home due to fears for your safety. This also causes you to suffer from depression.
- You hear an employee at a travel agency disclose your personal data to another customer who does not have authorisation to access this information. This exacerbates your post-traumatic stress disorder (PTSD).
- After providing your details to an accountancy firm, one of the accountants accidentally leaves documents containing your personal data on a train. As a consequence, you experience emotional distress and financial losses.
As these are only a few examples, your experience may be different. However, you could still have a valid reason to claim. Speak to an advisor about private company data breach claims today.
What Personal Data Could Be Exposed In A Breach?
Personal data, such as your name, postal address and personal phone number, could be exposed in a data breach. Many private companies also process special category data. This is any data related to a person’s:
- Ethnic/racial origins
- Philosophical beliefs/religion
- Political Opinions
- Genetics
- Health
- Sex life/sexual orientation
- Biometrics (with use for identification)
- Membership of a trade union
Special category data often requires further protection because it is sensitive in nature. For instance, article 9 of the UK GDPR requires organisations to get people’s explicit consent when gathering this type of data. There must also be a reason related to substantial public interest for them to request this data.
You may be encountering a lot of new terms as you research data breach law. Many find it helpful to speak with our advisors, as you get direct answers to any questions you may have.
How Can A Data Breach Affect Victims?
Data breach victims often experience varying degrees of emotional distress after a breach, which can cause or exacerbate various psychological conditions. For instance, many suffer from anxiety, depression or PTSD. It can be extremely stressful to know that an unauthorised party could know your personal data.
You can get compensation for the emotional effects of a personal data breach. This is called non-material damage.
It is also common to experience financial losses after a breach, which are called material damage. Therefore, you can get compensation if the stress of the breach has caused you to accumulate:
- Therapy costs
- Relocation expenses
- Lost earnings
How Much Compensation Could Be Awarded For A Data Breach Claim?
How much compensation you could receive in a successful data breach claim will depend on your unique emotional and financial experience of the breach. When assessing non-material damage, legal professionals often read a document called the Judicial College Guidelines (JCG). Here, they can find compensation guideline brackets for different types and severities of harm. This includes psychological conditions.
We have included some JCG figures in the table below. It is important to consider that these figures do not guarantee the amount of financial compensation you may be entitled to. Each data breach compensation payout is calculated based on the specifics of the claimant’s case. No 2 cases are exactly the same, so legal professionals will examine your experience and assess how long you are likely to be affected.
You are welcome to contact our advisors for a more tailored estimate of what your compensation could cover. By discussing the details of your case, you can get a better idea of what factors will impact your compensation.
Please note that the first figure was not taken from the JCG.
| Type and Severity of Injury | Compensation Guidelines | Notes |
|---|---|---|
| Severe Psychological Harm and Related Expenses | Up to £250,000 or over | Cases of severe psychological damage with related costs including relocation expenses, security and therapy |
| Psychiatric Damage Generally- severe (a) | £66,920 to £141,240 | The compensation will depend on the claimant's unique experience of various factors such as their prognosis, the impact on their relationships and how they cope with the daily aspects of life |
| Psychiatric Damage Generally- moderately severe (b) | £23,270 to £66,920 | There will be a more optimistic prognosis when compared with severe cases, though the person may experience similar issues |
| Psychiatric Damage Generally- moderate (c) | £7,150 to £23,270 | Despite symptoms, there will be a marked improvement in their condition and a good prognosis |
| Psychiatric Damage Generally- less severe (d) | £1,880 to £7,150 | Compensation will depend on how long the person experience disability and the impact this has on their daily activities |
| Post Traumatic Stress Disorder- severe (a) | £73,050 to £122,850 | The person will not be able to work as they did prior to the event and all aspects of their life will be affected |
| Post Traumatic Stress Disorder- moderately severe (b) | £28,250 to £73,050 | Some recovery will come with the help of a professional, though a significant disability will continue for the forseable future |
| Post Traumatic Stress Disorder- moderate (c) | £9,980 to £28,250 | The person will have mostly recovered without any grossly disabling effects continuing |
| Post Traumatic Stress Disorder- less severe (d) | £4,820 to £9,980 | Within 2 years there will be a virtually full recovery with only minor symptoms lasting any longer |
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
What Do You Need To Prove In A Private Company Data Breach Claim?
In order to prove a private company data breach claim, you must give evidence of how the organisation is liable for the breach and the ways in which this has affected you. In order to do so, you can follow the suggestions in this section.
Confirm What Information Was Breached
It is important that you find out exactly what data was breached, as private companies often hold a lot of your information. You may also find it helpful to confirm how much of your information is at risk so you can act accordingly.
Many claimants find it helpful to create their own written timeline of events. You can note down how and when you found out about the breach. For instance, you may have seen a news story online or received an email containing the wrong information.
Start To Collect Your Evidence
Claimants often find the process of private company data breach claims easier if they start collecting evidence as soon as possible. You can collect the following:
- Any correspondence from the organisation regarding the data breach
- Letters that were not meant for you
- Copies or screenshots of information that was accidentally sent to you
- Receipts or bank statements showing that you were a customer of the private company
- Notifications from your bank confirming suspicious financial activity
- Witness information- for instance, letters may have been given to your neighbour instead of you
Contact The Private Company
Get in touch with the private company to confirm:
- What parts of your personal data are at risk
- The cause of the data breach and whether the company could be liable
- How they aim to stop the issue from occurring again
- What they intend to do to fix the problem
- What you can expect in terms of support from them
Keep A Record Of How You Have Been Harmed
Whether you have suffered financial and/or psychological harm due to the private company breach, you will need to proof. Therefore, you may wish to provide:
- A copy of your medical records
- GP notes
- A letter from a therapist
- Receipts from a credit monitoring company
- Screenshots of spam messages
Find Out More About The Legal Process
You can get in touch with our advisors to learn about:
- The responsibilities of private companies when its comes to protecting personal data
- Whether you are eligible to make a data breach claim
- What a No Win No Fee contract entails
- The different factors that your compensation could cover
- Whether a solicitor from our panel could represent you and how you would benefit from this
- What the time limit is for your case
There is no need to keep sifting through the information that is available online. Our advisors can answer your questions and explain what next steps you can take.
How To Report A Private Company Data Breach
You can report a private company data breach via the ICO’s webpage. They will ask you for some of the organisation’s details, such as their email address and a copy of a complaint that you have made to the company. They will assess the details of the breach and determine whether further investigation is required.
Depending on their findings, they may get in touch with the private company to find a resolution to your complaint. It is important to note the ICO does not provide compensation to those affected by data protection breaches. Despite this, you should keep a copy of all correspondence between yourself and the ICO. This can lend strength to your claim and improve your chances of getting data breach compensation.
If you have further questions about making a data breach report, our advisors can help you. They have handled many enquiries regarding private company data breach claims, so they understand that this can be a stressful situation. You can trust that they will advise you without there being any pressure to start a compensation claim.
Start Your Private Company Data Breach Claim Today
You could be eligible to start a data breach compensation claim with a solicitor from our panel. They offer various services to guide you through each stage of the claims process, such as:
- Negotiating for the data breach compensation to cover all relevant aspects of your claim
- Confirming what evidence you need to prove the breach and its impact on you
- Advising you on how to secure your data and on any home security measures you could take
- Offering you legal advice so you can make informed decisions
- Connecting you with a specialist therapist who could help you cope with the emotional stress of a private company breaching your personal data
Can I Make A No Win No Fee Private Company Data Breach Claim?
Yes, if eligible, you can make a No Win No Fee data breach claim with one of the solicitors on our panel. This means that you gain their expert legal representation without needing to pay fees for their work:
- Before the data breach claim begins
- As the case is underway
- If you are not compensated
If compensation is given to you, you will be required to pay a success fee. This is the percentage of the compensation that you pay to your solicitor. There is a legal cap restricting the percentage that can be taken, so you can trust that the majority of the compensation will remain with you.
You can contact our advisors today to learn more about private company data breach claims and the benefits of a No Win No Fee contract. Signing a legally binding agreement can be a daunting prospect, so you are welcome to use our free advice line without there being any pressure to proceed. However, if you do choose to make a claim, you could get compensation for your emotional distress and financial losses.
- Complete an online submission form
- Call the team on 020 8050 6279
- Use the live chat pop-up feature in the corner
More Information
Read our other data breach claims guides below:
- Learn how to make a landlord data breach claim
- Find out whether you can claim for an e-commerce data breach
- Visit our advice on government data breach claims
External resources
- Follow the ICO advice on what steps to take after a data breach
- Read the National Cyber Security Centre information for families and individuals affected by data breaches
- Find out how the NHS supports those with mental health issues
Thank you for taking the time to read this guide on private company data breach claims.