This guide will explain how you could claim under the UK General Data Protection Regulation (UK GDPR) for compensation following a personal data breach.
The UK GDPR, which governs the use of personal data alongside the Data Protection Act 2018 (DPA), allows those who have had their personal data breached under certain circumstances to claim compensation. They cover both physical and digital forms of personal data.
Guide to making a claim under the UK GDPR for compensation
A data breach could cause psychiatric injuries and financial losses, which can substantially impact your daily life. Therefore, this guide will discuss how much you may be able to receive in a compensation should you suffer harm.
Additionally, this guide will explain when you could report a personal data breach to the Information Commissioner’s Office (ICO). The ICO are an independent UK authority responsible for upholding information rights and taking enforcement action against organisations that breach data protection laws.
Contact our team of advisors if you suffer harm following a UK GDPR breach caused by a failure to adhere to data protection laws. Our team offers free, confidential advice, with no obligation to further your claim. After assessing your claim, our advisors could connect you with an expert data breach claim solicitor from our panel.
To get in touch, you can:
- Call 0333 241 2521
- Make a claim online
- Use the live chat feature at the bottom of the page
Choose A Section
- What Are Breaches Of UK GDPR And Compensation Claims
- What Is A Personal Data Breach?
- Examples Of UK GDPR Data Breaches
- What Can I Claim For Breach Of UK GDPR In Compensation?
- Why Should I Use A No Win No Fee Solicitor?
- Learn More About Breaches Of UK GDPR And Compensation Claims
What Are Breaches Of UK GDPR And Compensation Claims
Seven principles lie at the heart of the UK GDPR, which outlines the fundamental basis for data protection practice. Organisations that process personal data are expected to adhere to these principles. Failure to comply with this legislation may result in a data breach.
If a data breach occurs as a result of an organisation’s failings, and you suffer harm as a result, you may be able to claim compensation. However, it’s important to note that not all breaches of the UK GDPR will result in a successful compensation claim. Your case must meet certain criteria, which include:
- The breach must be a result of the organisation’s wrongful conduct
- You must suffer harm, financially or psychologically
- The breach must include your personal data
Read on to learn more about the conditions for making a claim under the UK GDPR. and compensation payout examples. Or, contact our advisors for free legal advice.
What Is A Personal Data Breach?
The ICO describes a personal data breach as a security incident leading to the unlawful or accidental loss, destruction, alteration, unauthorised disclosure of, or access to, personal data.
The data controller and data processor are responsible for handling personal data. The data controller is the main decision maker who controls how and why they need and use your personal data. Whereas data processors handle this data on the data controller’s behalf. If the data controller or processor fails to comply with the UK GDPR, they could be at fault for a personal data breach.
Some examples of personal data include your:
- Name
- Date of birth
- Home address
- Email address
- Debit and credit card details
Some organisations may also process special category data. This is personal data that is considered more sensitive and therefore requires extra protection, such as medical data, trade union membership data and information regarding your sexuality.
If a UK GDPR data breach has caused you harm, contact our team of advisors to find out if you may have a valid claim.
Examples Of UK GDPR Data Breaches
A personal data breach could happen for many reasons. Both physical and digital data can be at risk and, therefore, should be protected in accordance with data protection law. There are various causes of a personal data breach, including:
- Personal data is emailed to the wrong email address
- Personal data is posted or faxed to the wrong address
- An organisation fails to redact personal information in a document that will be shared with a third party
- Loss or theft of paperwork that contains personal data
- Incorrect disposal of paperwork or hardware that stores personal data
Following a data breach that risks your rights and freedom, an organisation should contact you without undue delay and notify the ICO within 72 hours.
If you are suffer harm due to a personal data breach, contact a member of our team for advice. They can tell you if you could make a claim under the UK GDPR for compensation.
UK GDPR Data Breach Statistics
The ICO compiles statistics on data security incidents that breach the UK GDPR. These figures show the number of reports submitted by the data controller. In the 4th quarter of the 2021/2022 financial year:
- There were 2,172 data breach incidents reported overall.
- The most common cause outside of non-categorised incidents was data emailed to the wrong recipient at 381 incidents.
What Can I Claim For Breach Of UK GDPR In Compensation?
The two heads of claim for a personal data breach are material damage and non-material damage. Material damage compensates for the financial losses resulting from the breach. Whilst non-material damage compensates for the psychiatric harm caused by the breach, such as anxiety, distress, depression and post-traumatic stress disorder.
The Vidal-Hall and Others v Google Inc [2015] Court of Appeal case changed the law’s position on claiming compensation for non-material damage. Previously, you would not have been able to claim for non-material damage without also claiming for material damage. However, you can now claim for non-material damage even if you are not claiming for material damage.
In the compensation calculator table below, we have used the Judicial College Guidelines (JCG), published in April 2022, to provide guideline brackets for non-material damage claims. However, please be aware that these figures are only guides.
| Injury | Compensation Bracket | Details |
|---|---|---|
| Psychiatric Damage (a) – Severe | £54,830 – £115,730 | Coping with life will be a marked problem for the person, and the prognosis will be poor. |
| Psychiatric Damage (b) – Moderately Severe | £19,070 – £54,830 | Coping with life will be a significant problem for the person, but the prognosis will be much more optimistic than the above. |
| Psychiatric Damage (c) – Moderate | £5,860 – £19,070 | Coping with life will be a problem for the person, but there will be an improvement in symptoms. The prognosis will be good. |
| Psychiatric Damage (d) – Less Severe | £1,540 – £5,860 | The amount awarded will consider the length of disability and the effect on daily activities and sleep. |
| Severe Post-Traumatic Stress Disorder (a) | £59,860 – £100,670 | The injury will cause permanent effects which leave the person unable to function as they did pre-trauma. |
| Moderately Severe Post-Traumatic Stress Disorder (b) | £23,150 – £59,860 | Similar effects as above, however there will be the possibility for some recovery with professional help. |
| Moderate Post-Traumatic Stress Disorder (c) | £8,180 – £23,150 | The person will have made a substantial recovery and any remaining effects will not be grossly disabling. |
| Less Severe Post-Traumatic Stress Disorder (d) | £3,950 – £8,180 | The person will make a virtually full recovery within one to two years. Any persisting symptoms will be minor. |
Contact our team of advisors if you would like to know more about claiming under the UK GDPR for compensation. They can provide a free estimate of what you may receive should your claim succeed.
What Goes Into Material Damage?
Some financial losses you could suffer from a data breach include money going missing from your bank accounts or damage to your credit score.
Get in touch with our advisors to learn more about data breach compensation.
Why Should I Use A No Win No Fee Solicitor?
You do not have to use a solicitor to make a claim. However, it could benefit your case, as a solicitor can provide expert legal advice and detailed knowledge about the claims process.
Specifically, opting to use a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) means you can access legal representation without some of the financial risks that are associated. This is because generally, you do not have to pay for your solicitor’s services upfront under a CFA.
If your claim is successful, your solicitor will take a small success fee from the compensation. This is calculated as a legally capped percentage. However, if your claim does not succeed, you will not pay this fee.
Contact our advisors to enquire further about using a solicitor from our panel to help you claim under the UK GDPR for compensation. If our team finds your claim to be valid, they may connect you with a No Win No Fee solicitor from our panel.
Ask Us About Claiming After a Breach Of The UK GDPR For Compensation
Have you suffered psychological harm or financial damage due to a personal data breach caused by an organisation’s failings? Please don’t hesitate to contact our team of advisors. They offer free, confidential advice on how to make a claim under the UK GDPR for compensation.
To get in touch:
- Call 0333 241 2521
- Make a claim online
- Use the live chat feature on this page.
External links for further information:
- GOV – Guide To Data Protection
- ICO – Your Data Matters
- GOV National Cyber Security Centre – Data Breaches: Guidance For Individuals And Families
Thank you for reading our guide to claiming under the UK GDPR for compensation following a personal data breach.
Publisher Cat Heart
Writer Jess Osbourne
Learn About Different Types of Data Breaches and How to Claim Compensation
Thank you for reading our guide to claiming under the UK GDPR for compensation following a personal data breach.
Publisher Cat Heart
Writer Jess Osbourne
