Data Breach Solicitors – Find The Best For Your Case
This article discusses how data breach solicitors could help you through the process of claiming for a breach of your personal information. Similarly, it offers advice on locating a solicitor that can meet your current needs.
Additionally, you can contact our advisers if you have any questions. They can offer insight into the merits of your potential claim and elaborate on the details you find in this article. Please contact us whenever is most convenient for your schedule, as our team is available 24/7 to answer your questions. Learn more by:
- Reaching a team member at 0333 241 2521
- Completing our ‘Make A Claim’ form with your contact details
- Speaking to an adviser in the chatbox below
Choose A Section
- The Benefits Of Using Data Breach Solicitors To Make A Claim
- When Are You Eligible To Make A Data Protection Breach Claim?
- How Can No Win No Fee Data Breach Solicitors Help You Receive Compensation?
- Potential Evidence That Could Help You When Claiming Data Breach Compensation
- Data Breach Compensation Calculator
- Learn More About How To Use Data Breach Solicitors
The Benefits Of Using Data Breach Solicitors To Make A Claim
It isn’t necessary to hire a lawyer to claim compensation. However, this area of law can be complex and a claim could entail information-gathering and communication between parties. In this regard, the services offered by data breach solicitors may be useful. For instance, a solicitor could help you with the process of:
- Collecting evidence, which we will discuss later
- Building your case
- Organise an independent medical examination,
- Ensure the claim is filed within the correct time frame,
- Correspond with the defendant, and
- Ensure you receive the right amount of compensation
When locating a solicitor you may want the best one. But what defines the best solicitor? It is better to look for the solicitor that will be best suited to your needs. This can include:
- Ask family and friends for recommendations
- Search the internet for reviews about data breach solicitors
- Locate solicitors who work in the area you need assistance with
It could be useful to seek advice early in the process of making a claim. Our team can assess your personal data breach claim for free. If your case looks to have solid grounds for compensation they could offer to connect you to a specialist solicitor who will work under No Win No Fee terms.
When Are You Eligible To Make A Data Protection Breach Claim?
Both the Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) are the two leading pieces of legislation when it comes to governing the use of personal data.
A personal data breach is a security incident that affects the availability, integrity or confidentiality of your personal data. This includes information that could identify you as a living person or data that could identify you when considered alongside other pieces of information. For example, personal data could include your:
- Name
- Phone number
- Email or home address
The Information Commissioner’s Office (ICO), which is responsible for upholding the rights of you, the data subject, provides useful information to help you understand which entities have legal responsibilities to protect the personal data that they process. These are known as data controllers and processors. To define these terms:
- Data controllers make decisions about why and how to process your personal information.
- Data processors act on behalf of the relevant data controller, but only under their instruction.
- Finally, data subjects are the living persons that are or could be identified by the data.
Do I Have The Right To Make A Personal Data Breach Claim?
Under Article 82 of the UK GDPR a data subject has the right to pursue a claim for compensation if they can show:
- The data controller or processor failed to adhere to data protection laws.
- This in turn led to a data breach that involved your personal data, and
- You suffered mentally and /or financially as a consequence.
Examples Of Personal Data Breaches
In order to make a breach of data protection claim, you must be able to show that the breach occurred due to wrongdoing on behalf of the data controller or processor legally responsible for your information. For instance:
- A medical facility sends a letter confirming an appointment to the wrong address even though your contact details are up to date in its system. You may be able to claim for the repercussions of a medical data breach because it revealed your medical conditions to others
- A university accidentally mass-forwards an email containing student enrolment information. You may be able to claim for the damage caused by this university data breach
- Your employer accidentally sends your payslip to the wrong email address. You may be able to claim for a wage data breach that reveals tax information like your National Insurance number.
How Can No Win No Fee Data Breach Solicitors Help You Receive Compensation?
If our advisers feel your claim is valid and you decide you’d like to proceed, they could put you in contact with our panel of expert data breach solicitors. These professionals have a great deal of experience handling claims for personal data breaches.
Furthermore, they may be able to offer their services under a No Win No Fee agreement called a Conditional Fee Agreement (CFA). Agreeing to the terms of a CFA would mean you do not have upfront fees to pay and no ongoing costs to pay during the claim.
Also, you typically wouldn’t have to pay for the solicitor’s services if your claim fails, which is why they are called No Win No Fee agreements. Instead, if your claim succeeds, your solicitor will take a success fee from your compensation. However, the amount they can take is subject to a legislative cap, so you always get the majority of your compensation.
As previously mentioned, data breach law can be complex but our team can offer advice based on your exact circumstances. Contact our advisers to find out more about your eligibility to claim.
Potential Evidence That Could Help You When Claiming Data Breach Compensation
Data breach solicitors can help you gather evidence that supports your claim. For instance, they can help you:
- Compile together the useful correspondence you may have received from the data controller.
- Get medical assessments to establish the psychological harm caused by the data breach
- Collate financial evidence that shows the material damage you experienced as a result of the breach.
Also, they can ensure that your paperwork is filed before the time limit for claiming expires. If you are making a personal data breach claim, this time limit is usually 6 years. However, if you are claiming against a public body, this is reduced to 1 year.
Contact our advisers if you have questions about the evidence you have collected or need help discovering what else could help support your claim.
Data Breach Compensation Calculator
Data breach compensation is intended to help reimburse you for up to two aspects of the harm you experienced. These two aspects are called material damage and non-material damage.
Non-material damage is any mental harm caused by the breach of your personal data. A solicitor will usually get help assessing this aspect of the claim by turning to the Judicial College Guidelines (JCG). This document contains various guideline brackets for compensation for different severities of harm, which have been reproduced in the table below.
| Non – Material Harm Experienced | JCG Award Brackets | Further Information |
|---|---|---|
| Severe Psychological Injury | £54,830 to £115,730 | Factors such as ability to cope with life, education and relationships are markedly impacted with a poor prognosis for recovery. |
| Moderately Severe Psychological Injury | £19,070 to £54,830 | The factors described above are significantly impacted but the prognosis for recovery is more optimistic. |
| Moderate Psychological Injury | £5,860 to £19,070 | While factors described above may be present, there is marked improvement by the trial. |
| Less Severe Psychological Injury | £1,540 to £5,860 | Award level is based upon the length of disability experienced by the harmed individual. |
| Severe Anxiety Disorder | £59,860 to £100,670 | Individual experiences permanent effects that prevent working at levels known before the trauma. |
| Moderately Severe Anxiety Disorder | £23,150 to £59,860 | The above description holds true, but the prognosis for recovery is better with the assistance of professional help. |
| Moderate Anxiety Disorder | £8,180 to £23,150 | Individual largely recovers from the trauma, though they may experience effects that are not grossly disabling. |
| Less Severe Anxiety Disorder | £3,950 to £8,180 | All but complete recovery within 2 years, though minor symptoms may persist beyond. |
Please bear in mind that these figures are only guidelines. Your real-life circumstances could differ from the scenarios represented above.
Material Damage Compensation In A Breach Of Data Protection Claim
A second head of claim could reimburse you for the material damage you experienced. This type of harm includes the financial repercussions of a data breach, such as stolen bank account funds or a damaged credit score. Contact our advisers if you have questions about compensation or would like a more personalised estimate of the award you could receive.
Want To Know If You Could Receive Compensation For A Data Breach? Contact Us For 24/7 Free Legal Advice
You don’t necessarily have to pursue a personal data breach claim on your own. Our advisers can offer guidance and advice about your options. This consultation is free and could lead to the option of contacting our panel of solicitors. If you want to know more about your eligibility to claim compensation for the distress and financial damage caused by a data breach, speak to us by:
- Reaching a team member at 0333 241 2521
- Completing our ‘Make A Claim’ form with your contact details
- Speaking to an adviser in the chatbox below
Learn More About How To Use Data Breach Solicitors
Further resources that may be useful:
How To Respond – Information from the ICO about the first 72 hours after a data breach
Make A Complaint – Government webpage covering how to complain if you suspect your personal data has been compromised
Data Breaches – National Cyber Security Centre (NCSC) resource regarding the effects of a personal data breach
Find your nearest Data Breach Solicitors
You could get more information by reading our other guides:
Thank you for taking the time to read this article about finding the best data breach solicitors. If you have further questions, speak to our team using the details we’ve provided above.
