You may find this guide useful if you have any questions concerning data breach liability when making a claim. If a personal data breach has caused you to suffer psychological harm or financial loss, then you could have a valid claim.
Data breach liability claims guide
In this guide, we will discuss the criteria that must be met to make a personal data breach claim. Additionally, we will talk about the evidence you could collect to help support your claim. We will also explore the potential compensation figures you could receive for a successful claim.
Our team of advisors are available 24 hours a day, 7 days a week, if you would like to discuss your potential claim. They can answer your question and offer you some free legal advice. Furthermore, they could connect you to our experienced data breach solicitors, who could help you with your claim,
If you would like to speak to an advisor today:
- Call on 0333 241 2521
- Use the live chat feature
- Or make a claim online
Choose A Section
- Data Breach Liability – A Guide
- Why Is Data Breach Liability Important When Claiming?
- Potential Evidence When Making A Data Protection Breach Claim
- How Much Compensation For A Data Breach? – Potential Compensation Figures
- Can I Use No Win No Fee Data Breach Solicitors To Claim?
- Learn More About Data Breach Liability Claim
Data Breach Liability – A Guide
The UK General Data Protection Regulation (UK GDPR), alongside the Data Protection Act 2018 (DPA), state the rules and obligations for all organisations that process the personal data of any UK resident. These legislations are enforced by the Information Commissioner’s Office (ICO), which is a UK-based independent watchdog.
Personal data is information that could directly identify you or could identify you in combination with other information. Some examples of personal data are your name, mobile number, and home address.
Per the UK GDPR and the DPA, organisations must take all the necessary steps to protect your personal data if you are a resident of the UK. If an organisation fails to comply with data protection law, this could lead to a personal data breach.
A personal data breach is a security incident that sees your personal data lost, accessed, disclosed, destroyed or altered accidentally or unlawfully. Most data breaches can also be classified as cyber or non-cyber incidents.
If you can prove that the organisation’s failings caused the personal data breach, you might be able to make a claim. However, you will also need to prove that as a result of the breach, you suffered either financially or psychologically.
Contact our advisors for more information on data breach liability and how to start a claim.
Why Is Liability In A Data Breach Important When Claiming?
Data protection legislation uses the terms data controller and data processor. A data controller is an organisation that decides how and why your personal data is processed. The data processor then processes personal data on behalf of the data controller. Some organisations fill both roles, whereas some organisations have separate data processors.
If you can prove that a data controller or processor’s failures caused your personal data to be breached, and that this caused you harm, you could make a claim. Some examples of how your personal data could be breached are:
- An HR department sends personal data from your disciplinary records to the wrong email or postal address
- A bank sends your new card details to your old address even though you sufficiently updated your contact details with them.
- Your employer is hacked due to a lack of adequate cybersecurity policies. This could allow cybercriminals to steal personal data, such as information about your medical conditions.
Contact our advisors today for more information on the importance of proving data breach liability when making a claim.
Potential Evidence When Making A Data Protection Breach Claim
Following a personal data breach, you may wonder what how collecting evidence can help support your claim. Evidence can help you prove that you have suffered psychological damage, and it can also help you prove that the data controller or processor is responsible. Some of the evidence and steps you could take to help support your claim include:
- Proof that your personal data was breached – You might receive a letter or email from the organisation notifying you of the breach.
- Medical records – Your medical records can detail the psychological harm you have suffered as a result of the breach, such as depression or post-traumtic stress disorder.
- Correspondence with the ICO – You can report the breach to the ICO. They can’t provide compensation, but they may choose to investigate. If they find the organisation to be responsible, they may impose a fine upon them.
You may also want to seek some legal advice about how to claim for a data breach. If so, our advisors are available to help. Contact them today to learn more about data breach liability.
How Much Compensation For A Data Breach? – Potential Compensation Figures
If you suffered mental harm as a result of a personal data breach, you may be able to make a claim for non-material damage. This will compensate you for any of the psychological injuries you suffered due to the personal data breach. For example, this could be anxiety, depression, or stress.
With this in mind, we have created the following table using the compensation figures listed in the 16th edition of the Judicial College Guidelines (JCG). Many solicitors will use the JCG to help them value claims, as it offers guideline compensation amounts for compensation claims. Please only use this table as a guide, as compensation figures may vary depending on your claim.
| Non-Material Damage | Notes | Amount |
|---|---|---|
| Mental Harm | Severe (a) – The person will seriously struggle with daily life, and their personal relationships will be affected. They will also be given a poor prognosis and struggle with future vulnerability. | £54,830 to £115,730 |
| Mental Harm | Moderately Severe (b) – The person will experience some future vulnerability and have significant work and close relationship problems. However, there will be a more positive prognosis. | £19,070 to £54,830 |
| Mental Harm | Moderate (c) – The person will have struggled to cope with work and other aspects of life, but there will have been significant improvements and a good prognosis. | £5,860 to £19,070 |
| Mental Harm | Less Severe (d) – The amount awarded will depend on how much sleep and other daily activities were impacted. | £1,540 to £5,860 |
| Anxiety Disorder (Reactive) | Severe (a) – The person will be unable to function or work as they did pre-trauma due to permanent symptoms. | £59,860 to £100,670 |
| Anxiety Disorder (Reactive) | Moderately Severe (b) – The person will have a significant disability for the foreseeable future. However, there will have been a better prognosis with the potential for some recovery with professional help. | £23,150 to £59,860 |
| Anxiety Disorder (Reactive) | Moderate (c) – Any persisting symptoms will not be majorly disabling following a large recovery. | £8,180 to £23,150 |
| Anxiety Disorder (Reactive) | Less Severe (d) – A virtually full recovery should have been made within 1 to 2 years with only minor symptoms that persist. | £3,950 to £8,180 |
Could I Receive Material Damage Compensation From A Data Breach?
Following a successful personal data breach claim, you may also receive material damage. This compensates you for the financial losses incurred due to the personal data breach. For example:
- A bank data breach could see someone accessing your bank account and stealing money from it.
- A credit card data breach could result in someone making charges to your card and could also affect your credit score.
Call our advisors today for further information concerning claiming compensation and data breach liability.
Can I Use Your No Win No Fee Data Breach Solicitors To Claim?
One of our experienced data breach solicitors could take on your claim under a No Win No Fee agreement such as Conditional Fee Agreement (CFA). If you make a personal data breach claim on a No Win No Fee basis, your solicitor will generally not require any fees if your claim does not succeed. This includes ongoing costs and upfront fees. If your claim succeeds, the only fee you pay is a success fee. However, if your claim fails, you do not pay this fee.
To find out more about No Win No Fee agreements or data breach liability, contact our advisors today.
Contact Us For Free Legal Advice
You can contact our advisors if you still have any questions concerning data breach liability when making a claim. Our friendly team are on hand 24/7 to offer you free legal advice regarding personal data breach claims. If they find your claim to be valid, they can connect you with one of our expert solicitors to hel
If you would like to speak to an advisor today:
- Call on 0333 241 2521
- Use the live chat feature
- Or make a claim online
Additional resources:
- Information Commissioner’s Office (ICO) – Controllers and processors
- National Cyber Security Centre (NCSC) – Phishing: Spot and report scam emails, texts, websites and calls
- NHS – Post-traumatic stress disorder
Learn About Different Types of Data Breaches and How to Claim Compensation
For more information on data breach liability, contact our advisors.
Writer Megan Ranger
Publisher Cat Heart
