If your personal data has been compromised in a personal data breach, you may be wondering, ‘Can I claim compensation if my data is breached?’ If so, this guide might provide you with the beneficial information you need.
Can I claim compensation if my data is breached?
In this guide, we will detail what a personal data breach is. We will also share with you some examples of how a personal data breach could happen. Additionally, we will provide you with a table of guideline data breach compensation brackets for injuries related to mental distress following a personal data breach.
Furthermore, if you still have any questions regarding your specific claim, you can speak with our experienced team of advisors. They can tell you if you could be eligible to make a claim for compensation, and if your claim meets the criteria, they may connect you with a solicitor from our panel. Keep reading to learn more about how to claim for a data breach, or:
- Call our team on 0333 241 2521
- Complete our make a claim online form.
- Use the live chat feature
Choose A Section
- Can I Claim Compensation If My Data Is Breached?
- What Are Personal Data Breaches?
- Data Breach Examples
- How Much Could I Get For A Personal Data Breach Claim?
- Benefits Of Having A No Win No Fee Agreement
- Further Information – Can I Claim Compensation If My Data Is Breached?
Can I Claim Compensation If My Data Is Breached?
In order to claim compensation for a data breach, there are some criteria that your case must meet. These criteria are laid out by data protection legislation such as the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA), and include:
- The breach must include and compromise your personal data
- The breach must be a result of failings on the part of the organisation responsible for your personal data
- You must suffer harm as a direct result of the breach, including mental and financial harm
You must also ensure that you start your claim within the correct time limit. This is usually six years to start a personal data breach claim but may fall to one year if you begin your claim against a public body. For example, a local council or the NHS.
To learn more about data breach claims, contact our advisors today. They can tell you if you can claim compensation if your data is breached.
What Are Personal Data Breaches?
A personal data breach is when personal information is lost, altered, disclosed, accessed or destroyed accidentally or unlawfully. Personal data is any personal information that can identify you directly or in combination with other information. For example, this can include:
- Your name
- Your phone number
- Email addresses
- Home addresses
- Credit/debit card information
- Banking information
Any organisation that processes the personal data of a UK resident must do so in accordance with data protection legislation. This includes data controllers, who decide how and why your personal data is processed, and data processors, who act on behalf of data controllers.
As outlined above, you cannot claim compensation for personal data breaches. To find out if you can claim compensation if your data is breached, contact our advisors today.
Data Breach Examples
Both physical and digital data are protected under data protection law. This is because an organisation could hold both your personal data on digital records or physical paperwork. Because of this, there are many ways that a personal data breach can occur.
For example, a personal data breach could happen due to an external intrusion, such as a cyber-attack or by human error. Some examples of how a data breach could occur include:
- Your GP surgery posts personal data that reveals information about your medical conditions to the wrong address.
- A device containing your personal data is stolen as a result of the organisation’s inadequate security policies. For example, this could be an office computer that contains your wage information or tax information and is not password protected.
- Paperwork that contains your personal data is not properly disposed of. For example, disciplinary information that is not shredded or redacted before they are thrown away.
If you are wondering, ‘Can I claim compensation if my data is breached?’ speak to our team today. They can help answer any questions you may have about your specific claim.
Statistics About Data Breaches
The Information Commissioner’s Office (ICO) is an independent body that enforces data protection legislation. Organisations must report to the ICO within 72 hours if they experience a data breach that they believe will impact people’s rights or freedoms. As part of this, the ICO collects and publishes statistics regarding data security incident trends.
According to these statistics, in Q4 of the 2021/22 financial year, there were 2,172 reported data security incidents. The health sector suffered the most reported incidents with 427, followed by education and childcare with 360 and local government with 218.
How Much Could I Get For A Personal Data Breach Claim?
When making a personal data breach claim, you may be eligible for two heads of claim. These are non-material damage and material damage. Non-material damage provides compensation for the mental harm you suffer following the breach. This can include distress, depression, and anxiety.
Below, we have provided a compensation calculator table of guideline compensation brackets. These brackets follow the 16th edition of the Judicial College Guidelines (JCG) and reflect what you could potentially receive in terms of non-material damage. Solicitors sometimes use the JCG to help assign a value to compensation claims. However, it is important to note that these brackets are guidelines and are not guaranteed.
| Non-Material Damage. | Comments. | Amount. |
|---|---|---|
| Psychiatric Damage Generally (Mental Harm) | (a) – Severe issues in coping with life and relationships with a bad prognosis. | £54,830 – £115,730 |
| Mental Harm | (b) – Issues with relationships and life, but the prognosis will be slightly more positive. | £19,070 – £54,830 |
| Mental Harm | (c ) – There is a noticeable improvement in symptoms by the time of trial. | £5,860 – £19,070 |
| Mental Harm | (d) – Award depends on the length of disability and continuing symptoms. | £1,540 – £5,860 |
| Post-Traumatic Stress Disorder (Anxiety Disorder) | (a) – A severe and permanent effect that leaves the claimant unable to function as they would have pre-trauma. | £59,860 – £100,670 |
| Anxiety Disorder | (b) – A better prognosis than above due to the chance of some recovery with professional help. | £23,150 – £59,860 |
| Anxiety Disorder | (c ) – A large recovery, with no significantly disabling symptoms remaining. | £8,180 – £23,150 |
| Anxiety Disorder | (d) – Fully recovered within a one to two year period. | £3,950 – £8,180 |
The Vidal-Hall & Others v Google Inc. (2015) Court of Appeal case affected data breach claims. Prior to this case, claimants had to claim material damage in order to claim non-material damage. However, through this case, the Court of Appeal determined that you could make a claim for either or both of these damages.
Defining Material Damage
The second head of claim you may pursue is material damage. This provides compensation for the financial impacts you suffer as a result of a personal data breach. For example, if money was taken from your account, charges were made on your cards, or loans were taken out in your name that will affect your credit score.
If you are still asking yourself, ‘Can I claim compensation if my data is breached?’ you can speak with one of our team members today for free legal advice.
Benefits Of Having A No Win No Fee Agreement
A Conditional Fee Agreement (CFA), which is a form of No Win No Fee arrangement, may be able to help you fund legal representation for your claim through a data breach solicitor from our panel. Data breaches fall under a complex area of the law, and the knowledge and guidance of a solicitor can make the process feel less stressful.
With a No Win No Fee arrangement, for example, a CFA, there are no ongoing or upfront solicitors fees to pay. Should your claim succeed, you will pay a success fee. This is a small, legally-capped percentage that will be taken from your final award. However, if your claim does not succeed, you will not pay this fee.
For more information surrounding the question ‘Can I claim compensation if my data is breached?’, contact our advisors today.
Ask Us, “Can I Claim Compensation If My Data Is Breached”?
If you are still asking yourself, ‘Can I claim compensation if my data is breached?’ then speak to one of our advisors today. They can provide free legal advice and can tell you if your claim is eligible. If it is, they may connect you with a solicitor from our panel.
To get in touch:
- Call our team on 0333 241 2521
- Complete our make a claim online form
- Respond to the live chat advisor
Or, for further guidance:
Learn About Different Types of Data Breaches and How to Claim Compensation
If you are still wondering, ‘Can I claim compensation if my data is breached?’ contact one of our advisors for more information.
Writer Megan Ranger
Publisher Cat Heart
