You may be wondering, “Can I make a breach of data protection claim?”. This guide will provide more information on who can make a personal data breach claim. It defines what data protection is and how legislation works to protect the personal data of UK residents. It also explains how not all breaches of data protection will become a personal data breach claim.
Breach of data protection claims guide
To add clarity, this guide also explores some examples of data protection breaches. It further goes on to give an insight into how compensation awards for personal data breach claims may be calculated.
The benefits of legal representation are discussed, with particular emphasis on the benefits of choosing a No Win No Fee solicitor to assist you in your case.
More resources to help your understanding of data protection breach claims are also included in the guide.
If you would like to make a claim, you can get free and relevant legal advice if you call our team of advisors. They can assess your claim and tell you if it is valid. They can also connect you to a solicitor from our experienced panel.
To learn more:
- Call us on 0333 241 2521
- Start your claim online
- Chat with an advisor using the live chat feature
Choose A Section
- What Is A Breach Of Data Protection Claim
- A Breakdown Of Data Protection Breaches
- Examples Of Data Protection Breaches
- How Much Could I Get For A Breach Of Data Protection Claim
- What Are The Benefits Of Using No Win No Fee Solicitors?
- Further Information About Making A Breach Of Data Protection Claim
What Is A Breach Of Data Protection Claim?
You might ask, “What is a breach of data protection claim?” Not all personal breaches of data protection can become personal data breach claims. There are circumstances your case must meet. This means the breach must happen because of wrongful conduct on the part of the data controller or processor, and you must suffer harm as a result. It also must include your personal data, which is information that could identify you. This includes your:
- Full name
- Phone number
- Bank details
- Email address
- Home address
- Date of Birth
A kind of personal data known as special category data requires more protection due to its sensitive nature. Special category data can include your:
- Trade union membership status
- Biometric data
- Health data, such as medical records
- Genetic data
- Political opinions
- Racial or ethnic origin
- Sexuality
- Religious or philosophical beliefs
Contact our advisors today if your case meets the criteria above.
A Breakdown Of Data Protection Breaches
According to the Information Commissioner’s Office (ICO), when a security incident compromises the availability, integrity, or confidentiality of your personal data, this is a personal data breach.
Data controllers and data processors have different levels of interaction with personal data but are both bound by data protection law. A data controller makes decisions about how and why personal data is processed. On the other hand, a data processor could be hired to process personal data on behalf of the controller.
Both the data controller and the data processor can be held accountable if they mishandle personal data, in line with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
As mentioned earlier, your case must meet certain criteria in order to make a claim. If an organisation fails to comply with data protection law, leading to a personal data breach that causes you harm, you may be able to make a claim.
If you are wondering, “Can I make a breach of data protection claim?”, contact our advisors today.
Examples Of Data Protection Breaches
Data protection breaches can occur in a variety of ways, and each can have significant effects on the data subject. However, the breach must occur due to the data controller or processor’s failings in order to make a claim. Some examples of data breaches caused by the failings of the data controller or processor include:
- Misdelivery of personal data: For example, your employer may fail to update their records when you change your address. This could lead to documents such as disciplinary records that contain your personal data being sent to the wrong address, allowing unauthorised parties access.
- Failure to use BCC: The blind carbon copy (BCC) feature allows batch emails to be sent without exposing the email addresses of fellow recipients. However, when an employee fails to use the BCC feature in an email that could reveal personal data, this exposes the email addresses of the recipients, which in turn could be a personal data breach.
- Inadequate cybersecurity: According to data breach law, organisations must ensure that their cybersecurity policies are adequate. if they fail to do so, cybercriminals may be able to use malware to access and steal personal data.
Our team of advisors can provide more information surrounding how a data protection breach could occur as a result of the organisation’s failings.
Recent Data Breach Statistics
The ICO, which governs data protection laws, also tracks data security trends. These statistics show that 2,172 data security incidents were reported in Q4 of the 2021/22 financial year. 1,696 of these incidents were non-cyber, while 476 were cyber-related. Of the overall number, the health sector suffered the most reported incidents, with 427.
How Much Could I Get For A Breach Of Data Protection Claim?
Compensation for a valid breach of data protection claim is determined on a case-by-case basis. The amounts you may receive will depend on how severe your injury is and the impact it has had on you.
Non-material damage provides compensation for the psychological injuries the breach causes. For example, you may experience distress, depression, or anxiety as a result of a personal data breach. Oftentimes, legal professionals use compensation amounts from the Judicial College Guidelines (JCG) to assist in valuing non-material damage claims. You can find some examples of these in the compensation calculator table below.
| Injury | Severity | Comment | Amounts |
|---|---|---|---|
| Psychiatric Damage | (a) Severe | Severe and permanent issues coping with daily life, relationships, and work. | £54,830 to £115,730 |
| Psychiatric Damage | (b) Moderately Severe | Similar issues to the above with a slightly better prognosis. | £19,070 to £54,830 |
| Psychiatric Damage | (c) Moderate | A good prognosis reflects an improvement of symptoms by the time of trial. | £5,860 to £19,070 |
| Psychiatric Damage | (d) Less Severe | The award will take into consideration the length of the period of disability and the impact of the injury on daily activities. | £1,540 to £5,860 |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | Permanent effects which prevent the injured person from working and functioning at pre-trauma levels | £59,860 to £100,670 |
| PTSD | (b) Moderately Severe | Some recovery with professional help, though there is a likelihood of significant disability in the future. | £23,150 to £59,860 |
| PTSD | (c) Moderate | The injured person will have largely recovered with no significantly disabling symptoms that remain. | £8,180 to £23,150 |
| PTSD | (d) Less Severe | A complete recovery within 1-2 years with only minor symptoms persisting. | £3,950 to £8,180 |
You may also wish to claim for material damage. This covers the financial impacts of the breach. For example, cybercriminals may steal money from your bank account. Or there could be damage to your credit score.
It is possible to make a claim comprising only non-material damage without claiming material damage at the same time. This comes following the ruling of the Court of Appeal case Vidal-Hall and others v Google Inc [2015]. Previously, claims for non-material damage had to come at the same time as material damage.
For a free assessment of your claim and an estimate of what you could potentially receive, contact our team today.
What Are The Benefits Of Using No Win No Fee Solicitors?
Following a breach of data protection, a claim can seem daunting. However, with the knowledge and guidance of an experienced data protection solicitor, this process can seem less stressful. Under a No Win No Fee arrangement, for example, a Conditional Fee Agreement (CFA), your solicitor does not require upfront fees or ongoing fees.
A success fee is paid to your solicitor should your claim succeed. This is a percentage of your compensation with a legal cap. Your solicitor will discuss this amount with you beforehand. However, should your claim be unsuccessful, you will not pay for the work they have done on your case.
To find out how a No Win No Fee solicitor from our panel could help you, contact our team of advisors.
Ask About Making A Breach Of Data Protection Claim
If you need further support in pursuing a No Win No Fee personal data breach claim, you could contact our advisors for a free initial consultation. They could also connect you to our panel of solicitors. To reach our team:
- Call us on 0333 241 2521
- Start your claim online
- Chat with an advisor using the live chat feature
Further Information About Making A Breach Of Data Protection Claim
For more helpful resources:
Or for our other guides:
- How To Find Data Breach Solicitors
- GDPR Data Breach Claims Explained
- Debt and Arrears Data Breach Claims
For more information on what a breach of data protection claim is, contact our advisors.
Writer Mary March
Publisher Cat Heart
Learn About Different Types of Data Breaches and How to Claim Compensation
For more information on what a breach of data protection claim is, contact our advisors.
Writer Mary March
Publisher Cat Heart
