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Data Breach Compensation Expert
Our lawyers possess the expertise needed for your GDPR data breach compensation claim
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- Recovering the maximum compensation you deserve
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We don't just deal in GDPR breach compensation
When you’ve suffered due to a personal data breach, we don’t just recover compensation for the psychological harm you’ve endured. We can also help you claim any financial losses and expenses the data breach caused. This might include the cost of travel to therapy appointments, loss of earnings, and even interim payments.
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Financial Loss
Psychological Damage
How To Claim Compensation For A Data Breach
Firstly, it’s important to understand the laws that protect our personal data, what data is and how others might use it. The Data Protection Act 2018 and its supporting legislation, the UK General Data Protection Regulations (UK GDPR), require organisations to practice adherence to data protection.
These laws give the data subject rights relating to knowing why data is collected, how long it is kept, who is permitted to access it, and how it is disposed of.
An independent body called the Information Commissioner’s Office (ICO) can investigate and issue penalties to any private or public body that breaches data protection law.
As someone seeking a claim for compensation after a personal data breach, it is vital that you can demonstrate how the organisation’s wrongful conduct led to the breach. You’d also need to show how you suffered. For example, you may have suffered both psychological harm and financial loss. Alternatively, you may have suffered either.
If you’re seeking advice on whether you can start a claim and how to do so, you can contact our advisors today. If it’s established that you do have a valid claim, we could potentially connect you with our panel of solicitors. Our compensation experts work on a No Win No Fee basis. Continue reading to learn more about No Win No Fee solicitors.
What Are Examples Of Data Breaches?
A personal data breach occurs when a security incident leads to accidental or unlawful destruction, disclosure, alteration, loss of or access to personal information.
Personal information or personal data is data that can identify you.
Potential breaches of personal data include:
- Personal data loss by deletion or theft (of laptops, paperwork, and memory devices, for example)
- Destruction of personal data by deletion or physical means
- Emails or letters containing personal data sent to the wrong recipient
- Unauthorised access to personal data
Failure by the data controller or processor to protect personal information could expose it and cause harm to an identifiable person as a result. This could include verbal disclosures through casual conversations amongst staff to deliberate acts of maliciousness.
There are ‘7 core principles’ that those handling personal data should adhere to. Personal data should be:
- Lawfully collected for clear reasons
- Used only for specific, related reasons
- Kept to a minimum
- Kept accurate
- Only kept for as long as it’s needed
- Securely kept
The 7th principle requires data controllers and data processors to show accountability and adhere to the above principles.
Further protection is needed for personal data when it is described as ‘special category’. This includes personal data relating to your race or sexuality. It also includes genetic data or medical information about you.
Speak to our team if you believe you have a claim. You could be eligible to claim compensation for a data breach today.
Data Breach Compensation Claims – How Do You Prove Them?
When it comes to proving a claim, it’s important to have evidence that sufficiently proves who was at fault and how severely you’ve been impacted.
When it comes to proving liability in a data breach claim, it’s important to obtain some form of evidence that proves who was at fault. In other words, it’s necessary to show that the defendant has made some form of positive wrongful conduct.
This usually comes in the form of a letter or email from the defendant which confirms that a breach has happened and that you were affected. It should also set out the data exposed. Sometimes, but rarely, they may explain how it happened.
Establishing fault may require further investigations on the part of the defendant or, in more serious cases, the Information Commissioner’s Office (ICO).
To prove psychological harm, such as distress or anxiety, the likes of medical records can be obtained. These should show any attendances you’ve made at your GP or local hospital in relation to these problems.
The more evidence you can supply your solicitor with, the greater the chance you have of securing compensation for distress over a data breach and/or financial losses caused by one.
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How Long Do You Have To Claim Compensation For A Data Breach?
There is generally a 6-year time limit to claim compensation for a data breach. This time limit could be 1 year for claims against a public body.
In addition to this, there are other timeframes to be aware of. For example, you can complain to the organisation that was supposed to protect your personal data. If the response you receive is not satisfactory, you could contact the ICO. However, you’d need to do so within 3 months of the last meaningful response from the organisation.
When an organisation identifies a personal data breach that risks your rights and freedoms, it should report it to the ICO within 72 hours. It should also inform you without undue delay.
How Much Are Data Breach Claims Worth?
Personal data breach claims are valued on a case-by-case basis. Therefore, it’s difficult to give an accurate estimate of what you could claim without knowing more about your potential case.
If a medical assessment shows the data breach caused you emotional harm, you could claim compensation for that as non-material damage.
After the case Vidal-Hall and others v Google Inc [2015], it was accepted that you can claim for mental harm suffered due to a data breach even if there was no financial loss. Before this case, claimants had to have suffered financial loss in order to seek compensation for psychological harm as well.
To find out how much you could be entitled to, please get in touch today for a free estimate.
How Much Compensation Will I Get For A Data Breach?
To get some insight into how much could be received from a valid data breach claim, some claimants may seek to use a data breach compensation calculator for insight. However, since each claim is treated on a case-by-case basis, it is preferable to consult legal advisors who can learn the specific details of your own claim.
To help provide some insight, however, we have included compensation brackets for different psychological injuries claimants may potentially claim for as non-material damages. These brackets are based on the 2022 version of the Judicial College Guidelines (also referred to as the 16th edition of the JCG).
Solicitors may use these guidelines to help calculate the value of your injuries. So, if you’re claiming for specific types of compensation (such as medical data breach compensation) for psychological harm the personal data breach has caused, you can check the figures below for some guidance on potential payouts. However, these are only guidelines and not reflective of what you will definitely receive.
The figures are not specifically data breach compensation examples. They are, however, based on compensation amounts awarded for the different injuries covered in the table during certain past claims.
| Injury Type | Level Of Severity | Compensation Bracket |
|---|---|---|
| Psychiatric Damage (Generally) | Severe | £54,830 to £115,730 |
| Psychiatric Damage (Generally) | Moderately Severe | £19,070 to £54,830 |
| Psychiatric Damage (Generally) | Moderate | £5,860 to £19,070 |
| Psychiatric Damage (Generally) | Less Severe | £1,540 to £5,860 |
| Post-Traumatic Stress Disorder | Severe | £59,860 to £100,670 |
| Post-Traumatic Stress Disorder | Moderately Severe | £23,150 to £59,860 |
| Post-Traumatic Stress Disorder | Moderate | £8,180 to £23,150 |
| Post-Traumatic Stress Disorder | Less Severe | £3,950 to £8,180 |
Other Data Breach Compensation Examples
In addition to compensation for psychological injuries caused by a data breach, you may also be compensated for material damages as part of your claim. Also known as special damages, these could potentially be added to UK data breach compensation amounts for certain cases.
Whilst compensation for non-material damage is awarded to you in line with the mental suffering caused by a personal data breach, a compensation calculator may also include material damage – although, this is not always the case.
Compensation for material damage is calculated to address the financial impact that the personal data breach has had on you. For example, your bank details could have been breached. If so, unauthorised purchases could have been made using your credit card.
Make sure you have proof in the form of bank statements to support this area of your claim. Without them, it could be more difficult for you to be reimbursed for these financial losses.
When valuing psychological injuries for scenarios such as PTSD claims, a data breach compensation calculator you may find online may not take all your circumstances into account. This could mean you receive an inaccurate figure.
If you would like more advice on data breach compensation examples, get in touch with our advisors today. If you have strong grounds to make a claim, then our team could potentially offer you a valuation that more closely reflects the details of your claim.
What Should I Do After A Data Breach?
If you’ve been impacted by a data breach it’s understandable to feel worried or stressed. You may also be unsure what to do. Here are some expert tips to help you:
- Check if you’ve received a data breach notification letter. This should be sent by the organisation responsible for your data. It should state what happened and what data was impacted. It may also state what steps they are taking to resolve the issue
- Change your passwords. Depending on the type of breach, your password may have been exposed. Reset it as soon as possible in order to stay protected
- Speak with your bank. They can offer specialist advice and support on keeping your finances secure
- Watch out for phishing scams. You may get emails, texts or phonecalls that look like they’re from a legitimate source.
In order to claim compensation for a data breach, you must show that the defendant was responsible for the breach occurring. The likes of a data breach notification letter can really help with proving this.
We Can Help You Under A No Win No Fee Agreement
No Win No Fee agreements provide several financial benefits which can grant you affordable access to the services of solicitors.
Firstly, No Win No Fee solicitors require no upfront payment to start using their services if they are happy to support your case. Also, you shouldn’t be required to pay them any legal fees while the case is in progress. You also usually won’t be required to pay your solicitor any of their legal fees if your case goes ahead but is not successful.
A successful case usually means that your No Win No Fee will take a percentage of the settlement awarded. This percentage will be legally capped and small. How exactly payment will work will be discussed with you before you start your claim.
Confirmation of payment details should also be outlined in the agreement you choose to sign with a No Win No Fee solicitor.
Our panel of solicitors can work for you on a No Win No Fee basis. Why not get in touch with our advisors? If you have a valid data breach compensation claim, they could connect you.
Learn About Different Types of Data Breaches and How to Claim Compensation
Please don’t hesitate to get in touch if you are ready to take action after a disciplinary information data breach that has caused you harm.
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We have made it as easy as possible for you to claim. Here’s just some of the things you can rely on with us:
We’re a fully authorised and regulated law firm.
We have a 5 star service from beginning to end to ensure your claim is managed in the best possible way.
We understand that your privacy matters. Your personal data is never shared with anyone else.
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