If you have been involved in a security incident in which your personal data was compromised, you might be hoping to make a UK GDPR data breach claim. You may have questions, such as:
- What happens if you suffer due to a data breach?
- How much is a personal data breach claim worth?
- How long does a data breach claim take?
In this guide, we’ll answer the above questions and you’ll understand how to claim for a data breach. We’ll also discuss the possible causes of a personal data breach as well as the potential consequences of one.
A guide on making a UK GDPR data breach claim
Our advisors are available 24/7 to help you with any queries and can offer a free valuation of your claim with no obligation for you to use our services afterwards. If you do, however, you might be connected to our panel of data breach claim solicitors. Contact us via the following methods:
- Our live chat function offers an instant connection
- Calling the phone number found at the top of the page
- Or fill out a form to see if you can make a claim
Choose A Section
- Guidance On How To File A UK GDPR Data Breach Claim
- What Is A UK GDPR Data Breach?
- Examples Of UK GDPR Data Breaches
- How Much Could I Get For A UK GDPR Data Breach Claim?
- Benefits Of No Win No Fee Agreements For Claims
- Further Information About Making A UK GDPR Data Breach Claim
Guidance On How To File A UK GDPR Data Breach Claim
The UK GDPR stands for the UK General Data Protection Regulation, a key data protection law that sets out how organisations should handle your personal data. Essentially, the UK GDPR ensures that organisations use your personal data lawfully, fairly and transparently.
Organisations may act as data controllers or data processors. Whilst a data controller decides the purpose of collecting and storing data, and sometimes processes it, a data processor is responsible for processing data on the controller’s behalf. They are expected to comply with the following principles of the UK GDPR:
- Have a privacy policy to demonstrate that personal data is used lawfully, fairly and transparently
- Only collect personal data if they have a lawful reason
- Don’t collect personal data that is not required
- Any personal data held should be accurate and up-to-date
- Personal data should be kept for as long as is necessary and no longer
- Have appropriate data security measures in place
Under the Data Protection Act 2018 and the UK GDPR, your personal information should be protected. In cases where an organisation’s wrongful conduct caused your personal data to be breached resulting in you suffering harm, you might be eligible to make a UK GDPR data breach claim.
To find out more about making a UK GDPR breach claim, continue reading this article. If you would prefer to speak to an advisor, they are on hand 24/7. Use our live chat feature for an instant response.
What Is A UK GDPR Data Breach?
A UK GDPR data breach is a security incident that leads to the confidentiality, integrity and availability of your personal data being compromised. For example, your personal data might be accessed, lost, destroyed, disclosed or altered without a lawful reason. If accessed, your personal data could be deliberately, or accidentally, tampered with.
The Information Commissioner’s Office (ICO), an independent authority set up to enforce data protection law in the UK, defines personal data as information relating to a natural person that can directly or indirectly identify that person. Identifiers may include:
- Your name
- Your location data
- Online identifiers such as IP addresses and cookie identifiers
Some types of personal data require more protection due their sensitive nature. The UK GDPR defines special category data as personal data involving your:
- Racial or ethnic origin
- Political beliefs
- Religious or philosophical beliefs
- Trade union membership details
- Genetic data
- Biometric data (for ID purposes)
- Health data
- Sex life
- Sexual orientation
How long a UK GDPR data breach claim may take depends on a variety of factors, however it is important that you claim within the appropriate time frame. The time limit to claim compensation for a personal data breach is typically 1 year against public bodies and 6 years for any other organisation.
Examples Of UK GDPR Data Breaches
A data breach could occur because of cybercrime; for example, criminals may use phishing scams or ransomware threats to compromise or obtain personal data. However, a data breach may also happen via human error. In this section, we’ll look at some examples of data breaches that occur through human error and could make you eligible for a UK GDPR data breach claim.
- Your personal data is emailed to the wrong recipient and accessed because an organisation did not have appropriate security measures in place, such as encrypting the contents of the email
- Your personal data is posted or faxed to the wrong person because your address was not updated on an organisation’s system
- An organisation retains your personal data that it no longer needs but does not safely store it, leading to your data being lost or stolen
Latest Data Breach Figures
The latest data security incident trends published by the ICO revealed that in 2021/22 Q4, there were 2,172 incidents reported overall. The health sector was frequently affected followed by the education and childcare sector, then the finance, insurance and credit sector.
Common incident types reported were as follows:
- Data emailed to incorrect recipient
- Data posted or faxed to incorrect recipient
- Phishing
- Unauthorised access
- Loss/theft of paperwork or data left in unsecure location
You might have been involved in a security incident caused deliberately or by human error. Either way, if you suffered financial loss or psychological harm, you may have grounds for a valid UK GDPR data breach claim, providing the organisation’s wrongful conduct caused the data breach. Speak to an advisor to find out more.
How Much Could I Get For A UK GDPR Data Breach Claim?
There are two heads of damage you may potentially be compensated for when making a UK GDPR data breach claim. The first is non-material damage and that relates to any psychological injuries inflicted by the breach. The second is material damage and that covers any financial harm you have suffered due to the breach.
When working out how much you might receive for non-material damage, we may use the Judicial College Guidelines (JCG). The 16th edition, produced in April 2022, is used by legal professionals to estimate the compensation you could receive for different injuries, such as distress or anxiety.
We’ve included figures from the JCG in the compensation table below.
| Injury | Compensation Range | Notes |
|---|---|---|
| Severe Psychiatric Damage Generally | £54,830 to £115,730 | The impact on your relationships with your family and friends influences the award within this bracket. |
| Moderately Psychiatric Damage Generally | £19,070 to £54,830 | The prognosis is more optimistic than above but factors such as the impact on your relationships are still considered. |
| Moderate Psychiatric Damage Generally | £5,860 to £19,070 | The outcome of treatment on the prognosis is factored into this award bracket. |
| Less Severe Psychiatric Damage Generally | £1,540 to £5,860 | The prognosis is much better but sleeping and daily activities are still affected, |
| Severe Post-Traumatic Stress Disorder | £59,860 to £100,670 | You may be left unable to work due to the severity of the symptoms you suffer from PTSD. |
| Moderately Severe Post-Traumatic Stress Disorder | £23,150 to £59,860 | Symptoms will continue for the foreseeable future causing significant disability. |
| Moderate Post-Traumatic Stress Disorder | £8,180 to £23,150 | Any ongoing effects are not too grossly disabling. |
| Less Severe Post-Traumatic Stress Disorder | £3,950 to £8,180 | A full recovery is anticipated within one or two years. |
Definition Of Material Damage
As mentioned, material damage covers financial losses you have incurred because of a breach. For example, if you suffer mentally, you may well need to take a prescription to alleviate the symptoms. Therefore you could claim for prescription fees.
Furthermore, if your mental health is badly affected, you’ll possibly have to take time off work, which could result in a loss of earnings. Material damage covers both past and future losses, so even if you are yet to suffer a loss of income, it might be still possible to claim.
We would therefore advise you to keep hold of any receipts, bank statements or wage slips that could prove any material loss.
Our panel of solicitors is trained in data breaches and could help you gather evidence for both material damage and non-material damage. You could strengthen your UK GDPR data breach claim with our help.
Benefits Of No Win No Fee Agreements For Claims
No Win No Fee agreements offer an affordable solution to funding the services of data breach solicitors. That’s because you won’t be asked to pay the solicitor’s fee upfront or as the case continues.
If your case is successful, there is a deduction taken from your settlement. However, this is legally capped at 25% to stop you from being overcharged. The fee covers the solicitor’s time and efforts working on your behalf. What’s more, if you are connected with our panel, you may be able to agree on a reduced percentage.
Ask About Making A UK GDPR Data Breach Claim
We are proud that our panel of solicitors offers their services on a No Win No Fee basis. Everyone should have the right to fund legal representation, no matter what their financial situation may be. If you’d like to find out if you could be eligible for a No Win No Fee claim, get in touch with our advisors. You can do so by:
- Calling us on the phone number above
- Speaking to an advisor using our live chat function
- Filling out our ‘make a claim’ form
Further Information About Making A UK GDPR Data Breach Claim
Before we conclude our guide on making a UK GDPR data breach claim, here are some additional resources for further reading.
Make a complaint – Find out how you can raise a data protection complaint with the ICO.
Data Protection Act 2018 Overview – Information from the government on data protection law.
Mental health – Information and support for your mental health from the NHS.
You could get more information by reading our other guides:
We have now come to the end of our guide on making a UK GDPR data breach claim. If you think you are ready to make a claim, speak to our team.
Publisher Ruth Voss
Writer Lewis Jaques
