Can You Claim If You Receive A Letter About A Data Breach?

In this guide, we will discuss who can make a claim for compensation following a data breach letter of notification.

Data breach letter

Data breach letter claims guide

You might have further questions, such as: 

  • How do I report a data protection breach?
  • Can I get compensation for a data breach?
  • Can I seek data breach compensation on a No Win No Fee basis?

This guide will aim to answer all of those questions, as well as explore the steps that data controllers or processors must take when handling your personal data. 

Additionally, we will examine various examples of evidence that you could use to strengthen your claim, and the criteria that your case must meet in order to be eligible. 

Our advisors can provide free legal advice and help getting started when you get in touch on:

Choose A Section

  1. Can I Claim With A Data Breach Letter? – A Guide
  2. Data Breach Letter – Why Is Evidence Important When Claiming?
  3. When Can I Make A Data Protection Breach Claim?
  4. How Much Compensation For A Data Breach? – Potential Compensation Payouts
  5. Can I Use No Win No Fee Data Breach Solicitors To Claim?
  6. Learn More About Claiming With A Data Breach Letter

Can I Claim With A Data Breach Letter? – A Guide

A data breach is defined as a security incident that compromises the integrity, availability, or confidentiality of any information that can identify you. For instance, your date of birth, email address, or home address.

However, not all instances where this information is compromised may lead to a data breach claim. As per the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), which are the two main pieces of data protection law for UK residents, there has to be wrongful conduct on the part of the data controller or processor. You must also suffer financial or psychological injuries as a result of the breach. These will be expanded on later in this guide. 

If you receive a data breach letter of notification, this means that your personal data may have been affected by a personal data breach. Get in touch with our team today to find out if you could have a valid claim.

Data Breach Letter – Why Is Evidence Important When Claiming?

A data breach letter of notification is sent by the data controller or processor to inform you of a personal data breach. Under the UK GDPR, organisations must inform the Information Commissioner’s Office (ICO) if a breach has a high risk to the rights or freedoms of the data subject. Likewise, they must inform you without undue delay.

A data breach notification letter can be used to help strengthen your claim, as it can explain how the breach happened and what information was affected.

Other forms of evidence you can acquire to help your claim can include: 

  • Correspondence between you and the data controller or processor regarding the breach
  • A medical assessment of your psychological injury from a medical professional
  • Evidence of material losses through bank statements, receipts or invoices

You can speak with one of our advisors for more information on forms of evidence you can gather to support your data protection breach claim. 

When Can I Make A Data Protection Breach Claim?

If an organisation suffers a reportable data breach, it must inform you without undue delay. In this case, or if you uncover the breach independently, you can contact the organisation directly and request more information.

They may not respond, or the response you receive may not be satisfactory. In this case, you can make a complaint to the ICO. They do not offer compensation, nor do they handle claims. However, they can investigate the breach, and correspondence with the ICO can be used as evidence in your claim.

Your claim must also fall within the time limit. This is typically six years, though claims against public bodies must be started within one year.

If you have received a data breach letter of notification and would like to find out whether you can claim, contact our team.

How Much Compensation For A Data Breach? – Potential Compensation Payouts

You might be wondering about the data breach compensation amount you could be awarded if your claim succeeds. Whilst there is not one answer to that question, and we cannot provide an average payout, we have compiled a table using figures via the Judicial College Guidelines (JCG) to help you broadly estimate how much you could be entitled to. The JCG is a text that legal professionals refer to when valuing claims, as it provides guideline payouts for various injuries and illnesses.

The table below focuses on non-material damage, which looks to compensate you for any psychological harm brought on by the data breach. For example, PTSD, distress, anxiety or depression. 

Injury SeverityCompensation BracketDetails
Mental harm Severe£54,830 to £115,730The injured person has trouble dealing with life following an unsuccessful treatment which causes a significantly negative prognosis.
Mental harm Moderately Severe£19,070 to £54,830Considerable problems coping with everyday activities, though the prognosis is better than in the bracket above.
Mental harm Moderate£5,860 to £19,070The prognosis will be positive due to symptoms that have improved by the time of trial.
Mental harm Less Severe£1,540 to £5,860The payout for this bracket will be based on how long the recovery takes as well as its impact on daily activities.
Anxiety disorder Severe £59,860 to £100,670Includes continuous impacts which prevent the injured party from working or functioning at anything approaching pre-trauma level.
Anxiety disorder Moderately Severe£23,150 to £59,860A more positive prognosis will be earned after getting professional treatment.
Anxiety disorder Moderate£8,180 to £23,150Symptoms that are non-disabling continue despite the injured person having made an almost full recovery.
Anxiety disorder Less Severe£3,950 to £8,180A near full recovery has been made within 1-2 years, though minor symptoms may continue.

These figures are guidelines only. The actual amount of compensation you could receive for a breach of the UK GDPR may differ. For more guidance on claiming for a breach of the UK GDPR, contact our advisors today.

Can I Claim For Material Losses When Seeking Data Breach Compensation?

You may also be awarded material damage. This head of claim seeks to reimburse you for financial damages that you may incur due to the breach. For instance, your personal data being breached could allow somebody to take out several loans in your name, which has a negative impact on your credit score. 

Material damage may also cover: 

  • Money that has been stolen from your bank account 
  • Any debt and arrears built up in your name 

In order to be reimbursed, it is important to keep a record of all losses. This can be done through receipts, invoices or bank statements.

For more information on how much data breach compensation you could be entitled to, speak with a member of our team. 

Can I Use No Win No Fee Data Breach Solicitors To Claim?

If you are interested in making a personal data breach claim following a data breach letter of notification, our panel of No Win No Fee solicitors could be able to help. By offering their services under a Conditional Fee Agreement (CFA), our panel solicitors are able to provide legal representation, typically without requiring upfront fees or ongoing costs.

Generally, the only fee your solicitor will take under a CFA is a success fee. This is a percentage of your compensation with a legal cap to ensure you get the majority of what you are awarded.

Do not hesitate to contact a member of our team for a free consultation. If you are eligible to be covered on this basis, they could connect you with one of our expert data breach solicitors. To get in touch: 

  • Call us on 0333 241 2521
  • Contact us through our ‘make a claim’ form
  • Use our live chat feature

Learn More About Claiming With A Data Breach Letter

We have provided you with some additional resources that might help you when considering making a data protection breach claim:

Additionally, we have included some of our own guides relative to data breaches: 

 

Learn About Different Types of Data Breaches and How to Claim Compensation

 

Thanks for taking the time to read this guide on whether you can claim if you have received a data breach letter of notification.

Writer Beck Partner

Publisher Cat Heart