Advice For Reporting A UK GDPR Data Breach

In this article, we will provide advice on reporting a UK GDPR data breach. A personal data breach can have serious consequences, and you may be wondering if you are able to claim compensation.

reporting UK GDPR data breach

Reporting a UK GDPR data breach claims guide

There are two main pieces of legislation that protect the data processing rights of UK residents called the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) and they seek to ensure that your personal data is adequately protected.

If an organisation fails to safeguard the integrity, confidentiality and accessibility of personal data according to these laws, the data can become involved in a security incident. This is known as a data breach.

To find out if you could be eligible to make a compensation claim following a personal data breach, contact our advisors today:

Choose A Section

  1. A Guide To Reporting A UK GDPR Data Breach
  2. Advice About Reporting A UK GDPR Data Breach
  3. When Are You Able To Make A Data Protection Breach Claim?
  4. Potential Evidence In A Breach Of Data Protection Claim
  5. Data Breach Compensation – How Much Could I Receive?
  6. Use Our Panel Of Data Breach Solicitors On A No Win No Fee Basis
  7. More Information About Reporting A UK GDPR Data Breach

A Guide To Reporting A UK GDPR Data Breach

Personal data can be broadly defined as any piece of information that is used alone or in conjunction with other details to reveal or infer your identity. For example, this could include your full name, your email address, or your National Insurance number.

UK GDPR law requires the controllers and processors of personal data to be able to demonstrate a lawful basis for processing data in the first place. They must then process it according to 7 core principles at all times.

A data controller makes all of the decisions regarding your personal data. They decide how your data will be processed, and a data processor then processes it per these decisions. If the data controller or processor fails to adhere to data protection law, and this causes you harm because of a data breach, you may be able to claim compensation.

To find out if you could be eligible to claim, get in touch with our advisors today. Alternatively, you can read on for more information on reporting a UK GDPR data breach.

Advice About Reporting A UK GDPR Data Breach

How might someone go about reporting a UK GDPR data breach?

By law, controllers and processors must inform the ICO of any security incident that holds the potential to impact the rights and freedoms of a data subject. This must happen no later than 72 hours after discovery. In addition to this, the impacted data subject should be informed as soon as possible.

Should the organisation concerned fail to respond to you in a meaningful way, you can complain to the ICO. However, it is essential to wait no longer than 3 months from the date of your last meaningful contact with the organisation at fault before you contact the ICO.

You can also seek legal advice. Contact our team of advisors for free legal advice and a free consultation. If they assess that your claim could be valid, they may connect you with a solicitor from our panel.

When Are You Able To Make A Data Protection Breach Claim?

In order to be eligible for compensation, you must be able to prove that:

  • The data controller or processor caused the breach through wrongful conduct
  • It affected your personal data
  • You have suffered harm as a result

As such, some examples of data breaches that could lead to a valid compensation claim could include:

To find out if you could be eligible to claim compensation following a personal data breach, get in touch with our advisors today.

Potential Evidence In A Breach Of Data Protection Claim

Reporting a UK GDPR data breach can help you strengthen your claim for compensation by creating evidence. Evidence can be very important when making a personal data breach claim, and can include:

  • Evidence of the breach: This could be a notification letter or email, or other correspondence with the organisation or the ICO that refers to the breach
  • Financial evidence: Evidence of the financial harm caused by the breach, such as bills, credit card statements, and bank statements can all be useful in strengthening your claim
  • Evidence of psychological harm: Evidence that illustrates the extent of the damage done to your mental health can also help your claim. This could include medical reports or records, letters from a doctor or psychologist, or an independent medical assessment

To find out how a solicitor from our panel could help you gather evidence and strengthen your claim, get in touch with our advisors today.

Data Breach Compensation – How Much Could I Receive?

Two areas of compensation can be assessed after reporting a data breach of UK GDPR law that caused you harm. Non-material damage compensation addresses the harm done to your mental health. For example, if you suffer from anxiety or depression because of the breach, this could be compensated under non-material damage.

This table demonstrates figures taken from the Judicial College Guidelines (JCG), a document that helps solicitors value settlements by offering guideline amounts for various illnesses and injuries.

Mental Health Condition Amount Brackets & SeverityDescription
Mental InjurySevere £54,830 - £115,730This bracket represents a significant impact in all areas of life.
Mental InjuryModerately Severe £19,070 - £54,830As above, but with the difference that a better prognosis is indicated.
Mental InjuryModerate £5,860 - £19,070Similar long-standing disabilities as above but a degree of improvement seen by the time the case may need to be heard at trial.
Mental InjuryLess Severe £1,540 - £5,860This bracket indicates length of symptoms and the effect had on day-to-day life.
PTSDSevere £59,860 - £100,670Permanent issues that drastically reduce the quality of the person's life, with a very poor prognosis.
PTSDModerately Severe -
£23,150 - £59,860
Similar issues as above, but an improvement is seen after professional counseling.
PTSDModerate - £8,180 - £23,150A large recovery with any persisting issues being manageable.
PTSDLess Severe - £3,950 -£8,180Virtually a full recovery within a 2-year period and just minor symptoms beyond this.

These figures are guidelines only, not guarantees.

Can You Claim Material Damage After A Data Protection Breach?

Material damage addresses how the data breach impacted you financially. For example, material damage compensation could cover:

  • Theft of funds from a bank account
  • Credit card purchases made in your name
  • Damage to your credit score

For more advice on claiming compensation after reporting a UK GDPR data breach, get in touch with our team of advisors today.

Use Our Panel Of Data Breach Solicitors On A No Win No Fee Basis

Starting a claim might seem daunting, but a solicitor from our panel may be able to help. Our panel of No Win No Fee solicitors could provide expert legal representation under a Conditional Fee Agreement (CFA). This means that usually you won’t be asked to pay your solicitor a fee for their services, either upfront or as your claim is ongoing.

If your claim succeeds, your solicitor will take a success fee from your compensation. This amount is legislatively capped. However, if your claim fails, then your solicitor will not request a fee for their services.

Contact Us For Free Legal Advice 24/7 To See If You Could Receive Data Breach Compensation

To find out more and possibly launch a claim today, please connect with our advisors for a free consultation:

More Information About Reporting A UK GDPR Data Breach

In addition to this article about reporting data breach of UK GDPR, the other resources below are from our website:

Or, for more help:

Thank you for reading our guide on reporting a UK GDPR data breach.

Writer Jeff Walker

Publisher Cat Harley