Are you wondering if you can claim compensation if your employer has received an ICO data breach fine? If it was found that your employer did not properly adhere to data protection law and was issued a penalty by the ICO, then you may be able to claim compensation if you can meet certain criteria set out under data protection law.
ICO data breach fine claims guide
The Information Commissioners Office (ICO) is an independent agency that upholds data protection rights for the public. It can investigate and penalise any organisation that fails to comply with data protection legislation such as the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR).
The ICO does not pay compensation to impacted data subjects, but you could launch your own claim. In this article, we will explain who is eligible to make a personal data breach claim, and how compensation is estimated.
To learn more, speak to our advisors for a free assessment of eligibility. Alternatively, please continue to read our informative guide and get in touch at any point for help by:
- Calling us on 0333 241 2521
- Contacting us online
- Or use the live chat option below
Choose A Section
- Can I Claim If My Employer Has Received An ICO Data Breach Fine? – A Guide
- ICO Data Breach Fine Case Study: The Cabinet Office
- What Evidence Could I Use In A Data Protection Breach Claim?
- How Much Compensation For A Data Breach?
- What Are The Benefits Of Using No Win No Fee Data Breach Solicitors?
- Learn More About Making A Claim Following An ICO Data Breach Fine
Can I Claim If My Employer Has Received An ICO Data Breach Fine? – A Guide
Personal data includes any information that when used independently, or in conjunction with other details, can reveal or infer someone’s identity. For example, your full name is personal data, along with your phone number and email address.
Those who collect or process the personal data of UK residents are known as data controllers and processors, and they must comply with data protection law. If they fail to do so, and this leads to a security incident that affects the availability, integrity, or confidentiality of your personal information, you may be able to make a claim.
If your employer receives a fine from the ICO, this does not automatically qualify you to claim. Under the UK GDPR, eligible claimants must be able to prove that:
- Their personal data was involved in the breach
- The breach was a result of wrongful conduct on the part of the data controller or processor
- They experienced mental or financial harm because of the breach
Get in touch with our advisors today to find out if you could be eligible to claim for a personal data breach at work.
ICO Data Breach Fines Case Study: The Cabinet Office
An example of an ICO data breach fine involved the Cabinet Office after it was found that they had accidentally disclosed the names and unredacted addresses of the 2020 New Year’s Honours List recipients online. Impacted individuals complained about the issue after data was accessed 3,872 times in just over 2 hours.
The Cabinet Office removed the weblink to the file when they became aware of the breach, but the page was still accessible to anyone with the direct address. The ICO investigated the issue and the Cabinet Office was fined a £500,000 penalty for failing to take the appropriate steps to prevent this breach of data protection law.
If your employer has received an ICO data breach fine, you may be eligible to make a claim. Get in touch today to learn more if you have been affected by a data breach.
What Evidence Could I Use In A Data Protection Breach Claim?
As we have already mentioned, you are not automatically eligible to claim if your employer receives an ICO data breach fine. However, if your case meets the criteria outlined above, collecting evidence can help strengthen your claim. Some examples of evidence that you could collect either yourself or with the help of a solicitor could include:
- Correspondence with the ICO or your employer that confirms the breach
- Evidence of psychological harm, for example, medical records showing any psychological injuries you have sustained as a result of the breach
- Receipts, invoices, and bank statements can be used as evidence to prove the financial impacts you have suffered as a result of the breach
To find out how one of our panel solicitors could help you gather evidence and strengthen your claim, contact our advisors today. Or, read on for more guidance on payouts in personal data breach claims.
How Much Compensation For A Data Breach?
Non-material damage and material damage are the two areas of compensation you can pursue with a personal data breach claim. Non-material damage aims to address the psychological impacts of the breach. For example, if you suffer distress after a breach, or depression, these could be compensated under non-material damage.
The table below illustrates settlement guidelines that have been provided by the Judicial College Guidelines (JCG), a document used to help legal professionals value claims. These figures refer to non-material damage awards.
| Type of Injury | JC Guideline Award Bracket | Notes |
|---|---|---|
| Psychological and Psychiatric Damage | (a) Severe – £54,830 to £115,730 | Markedly poor prognosis for the impacted person with serious issues seen in all areas of life. |
| Psychological and Psychiatric Damage | (b) Moderately Severe – £19,070 to £54,830 | Similar to the case shown above. However, there is a more optimistic prognosis. |
| Psychological and Psychiatric Damage | (c) Moderate – £5,860 to £19,070 | Similar issues to those assessed in the brackets above but an improvement indicated by the time the case may need to be heard at trial. |
| Psychological and Psychiatric Damage | (d) Less Severe – £1,540 to £5,860 | This bracket considers the length of the disability and the effect it has on daily life. |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe – £59,860 to £100,670 | Severe, permanent symptoms |
| Post-Traumatic Stress Disorder (PTSD) | (b) Moderately Severe – £23,150 to £59,860 | Although symptoms are still significant, there is some chance for recovery with professional help. |
| Post-Traumatic Stress Disorder (PTSD) | (c) Moderate -£8,180 to £23,150 | Largely a recovery with persisting issues not being grossly disabling |
| Post-Traumatic Stress Disorder (PTSD) | (d) Less Severe – £3,950 to £8,180 | Virtually a full recovery within a 24 month period and persisting symptoms beyond this being minor. |
Material damage is the area of compensation that addresses the financial impacts of the breach. For example, if you suffer damage to your credit score following a breach of your personal data, this could be covered under material damage.
It is important to stress that these amounts are only guideline award brackets and not guaranteed sums. If your employer has received an ICO data breach fine, get in touch with our team today to see if you can claim.
What Are The Benefits Of Using No Win No Fee Data Breach Solicitors?
Data breach compensation claims can be complex, but one of our panel of data breach solicitors could help. Under a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee arrangement, you get all the benefits of legal representation, usually without having to pay any fees to your solicitor. In the event that your claim succeeds, the only fee your solicitor will take is a success fee. However, in the event of an unsuccessful claim, you will not pay your solicitor for their services.
Our advisors can help answer any questions you may have surrounding the claims process. They can provide free legal advice, as well as a free evaluation of your claim. If they find your claim to be valid, they may put you in contact with one of our panel of expert solicitors. Get in touch today to learn more.
Want To Know If You Could Receive Data Breach Compensation? Contact Us For Free Legal Advice
Our team can give you more information on making a claim. They can also offer free legal advice, and can put you in contact with one of our panel solicitors. Get in touch today if your employer received an ICO data breach fine by:
- Calling us on 0333 241 2521
- Contacting us online
- Or use the live chat option below
Or, for further resources:
Learn About Different Types of Data Breaches and How to Claim Compensation
If your employer has received an ICO data breach fine, get in touch today.
Writer Jeff Wilders
Publisher Cat Heart
