In this guide, we will discuss the steps you could take if you have been harmed by a personal data breach of a database. If your personal information has been compromised, you could suffer emotional distress and psychological injuries, as well as financial harm.
Data breach in a database claims guide
The two main pieces of data protection legislation in the UK are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Together they outline the responsibility of data controllers and processors to protect the personal data of UK residents. Data controllers have overall control over the use and storage of personal data, and data processors act on their behalf.
Furthermore, the UK GDPR covers both physical and digital data. Therefore, an online database containing personal data must be protected in line with legislation, as much as physical records stored in a filing cabinet must be protected.
Read on to learn who can claim for a data breach of a database. Alternatively, contact our team of advisors for expert advice. They are available 24/7, and if they find your claim to be valid, they may connect you with one of our panel data breach claim solicitors.
To learn more, get in touch:
- Call on 0333 241 2521
- Make a claim online
- Use the live chat feature on this page
Choose A Section
- Can You Claim For A Data Breach Of A Database? – A Guide
- When Are You Eligible To Claim For A Data Breach Of A Database?
- What Could You Receive From A Data Protection Breach Claim?
- What Evidence Could Help You Make A Claim For A Data Breach Of A Database?
- Why Make A Data Breach Compensation Claim?
- Learn More About Making A Breach Of Data Protection Claim
Can You Claim For A Data Breach Of A Database? – A Guide
Databases can be used to store a number of different types of personal data, ranging from disciplinary records to tax information. Personal data is any information that could identify you. This could include your:
- Name
- Email address
- Home address
- Place of work
- Date of birth
Personal data and special category data are both protected under the UK GDPR and DPA. Special category data is a kind of personal data, but due to its sensitive nature, it requires more protection. For example, health data such as your medical records would fall under special category data.
The Information Commissioner’s Office (ICO) is an independent UK organisation dedicated to upholding data protection law. They describe a personal data breach as a security incident that goes on to affect your personal data and its confidentiality, integrity, or availability.
To enquire about claiming following a data breach of a database, please speak to one of our advisors using the contact details provided above. Or, read on to learn who can claim for a personal data breach.
When Are You Eligible To Claim For Data Breach Of A Database?
You may be wondering if you can claim compensation following a personal data breach. Some criteria must be met to be eligible to make a claim. These are outlined in Article 82 of the UK GDPR and state that you can only claim if:
- The data controller or processor fails to comply with data protection laws, leading to a data breach.
- This data breach involves your personal data.
- As a result, you suffer psychological injuries or financial losses.
It is important to prove that the incident occurred due to a breach of data protection legislation. Later in this guide, we will discuss some evidence you can use to prove this.
Contact our advisers if you have suffered harm due to a data breach of a database.
What Could You Receive From A Data Protection Breach Claim?
When you make a personal data breach claim, there are two potential heads of compensation that you could receive if your claim succeeds: non-material damage and material damage.
Non-material damage compensates for the psychological injuries resulting from the breach of your personal data. For example, you may experience distress after a data breach.
To create the table below as a guide to non-material damage, we have used the compensation brackets provided by the Judicial College Guidelines (JCG). Legal professionals also use this text to help them value payouts for non-material damage.
| Injury and Severity | Notes on the Injury | Compensation Amounts |
|---|---|---|
| Severe Mental Injury (a) | The person will have a very poor prognosis; they will suffer from marked problems with their relationships and their ability to cope with daily life. | £54,830 to £115,730 |
| Moderately Severe Mental Injury (b) | The person will have a much more optimistic prognosis in comparison with the bracket above. However, they will still suffer from significant problems with their relationships and their ability to cope with daily life. | £19,070 to £54,830 |
| Moderate Mental Injury (c) | Although they struggled with problems, the person will have a good prognosis and will have made a marked improvement by trial. | £5,860 to £19,070 |
| Less Severe Mental Injury (d) | The amount awarded in this bracket will consider the extent the person’s life was impacted and how long they were affected. | £1,540 to £5,860 |
| Severe Post-Traumatic Stress Disorder (a) | The person will suffer from permanent effects that make them unable to work or at least function at any level close to the way they functioned before the trauma. | £59,860 to £100,670 |
| Moderately Severe Post-Traumatic Stress Disorder (b) | The effects will be similar to the bracket above. However, there will be a better prognosis for some recovery to be made with professional help. | £23,150 to £59,860 |
| Moderate Post-Traumatic Stress Disorder (c) | The person may have some remaining effects that are not grossly disabling; however, they will have largely recovered. | £8,180 to £23,150 |
| Less Severe Post-Traumatic Stress Disorder (d) | Within one to two years, the person will make a virtually full recovery. | £3,950 to £8,180 |
Please note that these figures are guidelines only and are not guaranteed.
How Much Compensation For A Data Breach? – Material Damage
Material damage is the head of compensation that addresses the financial harm you suffer as a result of the breach. For example, if your credit card details are compromised, this could allow fraudulent charges to be made on your card and can lead to debt and arrears in your name.
Contact our advisors for a free evaluation of your claim for a data breach of a database. Or, to learn more about what evidence could help you strengthen your claim, contact our advisors.
What Evidence Could Help You Make A Claim For A Data Breach Of A Database?
If a data controller or processor discovers a data breach of a database that could compromise your freedoms or rights, they should inform you without undue delay. Likewise, they should inform the ICO within 72 hours. If you receive a letter about a data breach, this could be used as evidence.
However, if you have not been contacted but have reason to suspect a data breach has occurred concerning your personal information, you can raise a complaint with the organisation. Any correspondence you share with the organisation could be used as evidence in a claim.
If you have suffered from distress following a data breach, your medical records or an evaluation from a medical professional could be used as evidence to support a claim for non-material damage. Similarly, bills, invoices, and receipts could be used to support a claim for material damage.
Speak to a member of our team to learn more about collecting evidence when claiming for a data breach of a database.
Why Make A Data Breach Compensation Claim?
You are not obliged to use a solicitor to make a data protection breach claim. However, it could prove advantageous as a legal professional will be familiar with navigating the claims process.
Our panel of solicitors can offer their services by entering into a Conditional Fee Agreement (CFA). This type of No Win No Fee agreement generally means that you will not have to pay any fees to your solicitor, nor will you have to pay them whilst the claim is ongoing.
If your claim goes on to succeed, the only fee your solicitor will take is a success fee. This is taken as a legally-capped percentage of your compensation. But, should your claim be unsuccessful, this fee is not taken.
To learn more about how one of our panel solicitors could help you make a claim for a data breach of a database, contact our team. Should they find you may have a valid claim, they could connect you with one of our specialist solicitors.
Seeking Free Legal Advice? Contact Us 24/7 To See If You Can Make A Data Protection Breach Claim
Contact our advisors today to find out whether you could be eligible to make a personal data breach of a database claim. Our team can offer free legal advice, and can identify whether you are eligible to claim compensation. Then, if they find that you have a valid claim, they may connect you with one of our panel solicitors.
You can:
- Call on 0333 241 2521
- Make a claim online
- Use the live chat feature on this page
Learn More About Making A Breach Of Data Protection Claim
Explore more data breach guides from our website for more knowledge:
- When Should A Data Breach Be Reported?
- Guidance On Claiming for A Breach Of The UK GDPR – Compensation Payouts Explained
- How To Make A Claim For A Disciplinary Information Data Breach
External sources to provide you with further reading:
- ICO – Records management and security
- National Cyber Security Centre – Data breaches: guidance for individuals and families
- GOV – Find out what data an organisation has about you
Learn About Different Types of Data Breaches and How to Claim Compensation
Thank you for reading our guide to making a data breach to a database compensation claim.
Writer Jess Osbourne
Publisher Cat Heart
