If your personal data has been compromised in a personal data breach, you may be wondering about personal data breach compensation amounts in the UK. There are many ways in which a data breach can happen. You might have suffered a medical data breach, a police data breach, or a wage data breach.
Guide to data breach compensation amounts in the UK
Furthermore, you might have other questions such as:
- How do I report a data protection breach?
- How do I claim for a data protection breach?
- Can I get compensation for a data breach?
This guide will answer all of those questions. We will also look at specific data breach examples, including the types of personal data that, if compromised, could lead to a claim.
Additionally, we will explore No Win No Fee data breach solicitors and how the expertise of a No Win No Fee solicitor from our panel could benefit your claim. Read on to learn how to claim for a data breach, or talk to our advisors by:
- Calling us on 0333 241 2521
- Using the live chat feature
- Or you can make a claim online
Choose A Section
- What is a Data Breach?
- When Can You Make a Data Protection Breach Claim?
- Data Breach Compensation Amounts In The UK – What Could You Receive?
- How To Report a Data Protection Breach
- Why Use No Win No Fee Solicitors?
- Data Breach Compensation Amounts In The UK – More Information
What is a Data Breach?
A data breach is a security incident affecting your personal data’s confidentiality, integrity, or availability. This means data that could identify you, for example, your full name, address, or date of birth. Similarly, there is a type of personal data known as special category data. This can include more sensitive information such as your medical records and other medical data, information regarding your trade union membership, and your sexuality.
This data is safeguarded by the UK General Data Protection Regulation (UK GDPR) as well as the Data Protection Act 2018 (DPA).
However, you may not be able to claim for all breaches of personal data. There must be some form of wrongful conduct from the data controller or processor which has led to your personal data being compromised. Furthermore, you need to have suffered either material or non-material damage to be entitled to make a data breach claim.
Find out whether you are eligible to make a breach of data protection claim by getting in touch with one of our advisors. They can offer free legal advice 24 hours a day, 7 days a week.
When Can You Make a Data Protection Breach Claim?
As previously stated, there must be wrongful conduct on the part of the data controller or processor. Below, you can find some examples of data breach claims. All of the examples below could see you awarded different data breach compensation amounts in the UK.
- A medical organisation could send out a batch email aimed toward LGBTQ+ service users, but fail to use the blind carbon copy (BCC) feature. This then reveals your email address to fellow recipients, as well as potentially revealing data regarding your sexuality.
- A bank employee may verbally disclose data regarding your bank account and finances over the phone without applying the proper security checks.
- A police report is not properly redacted before it is shared, leading to personal data becoming available to unauthorised parties.
To learn more about when you can make a personal data breach claim, contact our team of advisors.
Data Breach Compensation Amounts UK – What Could You Receive?
We previously mentioned that you have to have suffered material or non-material for your personal data breach claim to be successful. Non-material damage covers the psychological damage suffered as a result of the data breach.
For instance, you could suffer from distress, anxiety, or depression due to your personal data being breached.
Since the Vidal-Hall and others v Google Inc [2015] case, you can claim for non-material damages without also claiming for material damage. Previously, they had to be claimed at the same time in order to receive non-material damage.
We have compiled a compensation calculator table using figures from the Judicial College Guidelines (JCG) based on previous data breach compensation amounts to help give you an understanding of what you could receive. The figures below reflect non-material damage.
| Injury | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Psychological damage (generally) | Severe | £54,830 to £115,730 | Permanent, significant affect on the ability to cope with daily life. |
| Psychological damage (generally) | Moderately Severe | £19,070 to £54,830 | Considerable problems coping with life, education or work with potential for future vulnerability, with a slightly more optimistic prognosis than the above. |
| Psychological damage (generally) | Moderate | £5,860 to £19,070 | Symptoms show much improvement by trial and the prognosis will be positive. |
| Psychological damage (generally) | Less Severe | £1,540 to £5,860 | Compensation will be determined by the time period of disability and the extent to which daily activities and sleep were impacted. |
| Anxiety disorder following trauma | Severe | £59,860 to £100,670 | Severe, permanent symptoms result in no employability and no function at the pre-trauma level. |
| Anxiety disorder following trauma | Moderately Severe | £23,150 to £59,860 | A more positive prognosis will be achieved by getting professional help. |
| Anxiety disorder following trauma | Moderate | £8,180 to £23,150 | Non-disabling symptoms remain even with the injured person having mostly recovered. |
| Anxiety disorder following trauma | Less Severe | £3,950 to £8,180 | A near full recovery has been made within 1-2 years with only minor remaining symptoms. |
However, you should only use these figures as a rough guideline. It’s also important to note that the JCG only applies to claims made in England and Wales. For information on data breach compensation amounts in the UK, contact our team today.
Can I Get Compensation For a Data Breach? – Other Types of Compensation
Material damage accounts for any negative financial impact caused by the data breach.
For instance, if your bank details are exposed. This could mean that money is stolen from your account, leaving you in debt, which may also affect your credit score.
It is important to keep evidence of these losses in order to claim for them.
To find out more about material and non-material damages, you can speak with a member of our team. They can also provide you with more information on the evidence you can gather to support your breach of data protection claim.
How To Report a Data Protection Breach
If you have been involved in a data breach, you can take several steps to address the issue. If a breach could compromise your rights or your freedoms, the organisation will inform you without undue delay, and report the issue to the ICO within 72 hours.
However, if you are not informed of a breach, but suspect that your data has been compromised, you can contact the organisation yourself. If you do not receive a satisfactory response within 3 months, you can make a complaint to the ICO.
The ICO does not provide compensation or handle claims. However, they can fine organisations that breach legislation.
Learn more about reporting a data breach and personal data breach compensation amounts in the UK by contacting our team.
Why Use No Win No Fee Solicitors?
Our panel of data breach solicitors offer legal representation for your claim under a Conditional Fee Agreement (CFA) which comes under the No Win No Fee umbrella.
A CFA is a way of funding legal representation for your claim without paying upfront or ongoing costs or fees. If your claim succeeds, your solicitor takes a success fee. This fee is a percentage of your award with a legal cap. However, if your claim does not succeed, you don’t pay this fee.
Our advisors can tell you if you could qualify for a CFA when you contact them today.
Contact Us For Free To See If You Can Make a Data Protection Breach Claim
Our advisors can provide free legal advice, and guidance surrounding the claims process. If they find your claim to be valid, they can connect you with a data breach solicitor from our panel. To begin your free consultation with one of our advisors, get in touch by:
- Calling us on 0333 241 2521
- Using the live chat feature
- Or you can make a claim online
Data Breach Compensation Amounts UK – More Information
Here we have provided you with some additional reading related to data breaches:
We have also included some of our own guides that you might find useful:
Thank you for reading our article on data breach compensation amounts in the UK.
Writer Beck Partner
Publisher Cat Heart
