If a password data breach has caused you emotional or financial harm, you may be wondering whether you could make a claim for compensation. The following sections contain information that may be useful before starting this process. For example, we will discuss the time limits that apply to beginning a claim and the types of evidence that could help demonstrate how the personal data breach affected you.
Password data breach claims guide
Organisations are required to process the data of UK residents in line with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Under this legislation, if your passwords are compromised in a personal data breach, and this leads to you suffering harm, then you may be eligible to make a personal data breach claim.
Read on to learn more. Alternatively, if you would like a free consultation from one of our expert advisors, get in touch. They can offer free advice, and help you identify if you could be eligible to claim compensation following a personal data breach. To learn more, get in touch by:
- Calling an advisor on 0333 241 2521
- Making a claim online
- Reach out to an advisor using the live chat feature
Choose A Section
- A Guide To Claiming For A Password Data Breach
- What Is A Password Data Breach?
- What Evidence Could Help You Claim For A Password Data Breach?
- Potential Compensation Payouts From A Data Protection Breach Claim
- Claim With Data Breach Solicitors On A No Win No Fee Basis
- Learn More About How To Claim For A Password Data Breach
A Guide To Claiming For A Password Data Breach
According to the UK GDPR, personal data breaches are security incidents that affect the confidentiality, availability, or integrity of your personal data. This covers any information that could be used to identify you as a living person. For example, your full name could be an example of personal data, as could your email address or your postal address.
Two bodies are responsible for handling your personal data. These are:
- Data controllers – Organisations that make decisions about gathering and processing your personal data. For example, an online retailer decides how and why they need your personal address and phone number.
- Data processors – Organisations that process information by following the instructions set out by the data controller.
To learn more about data controllers and processors, you can find out more from the Information Commissioner’s Office (ICO). The ICO is an independent body established to enforce data protection law and uphold data protection rights for UK residents. They have the ability to investigate and fine organisations that are found to be in breach of their legal responsibilities regarding personal data protection.
Find out if you could be eligible to make a password data breach claim today by contacting our team.
What Is A Password Data Breach?
The UK GDPR outlines the criteria that your case must meet in order to form the basis of a valid personal data breach claim. These include:
- The breach must involve your personal data
- It must be a result of wrongful conduct by the controller or processor
- It must lead you to experience financial or psychological harm
As such, not all cases of a personal data breach will form the basis of a valid claim. Some examples of personal data breach claims could include:
- A tax information data breach could occur if an accountant mistakenly emails HMRC log-in details to the wrong email address.
- A bank data breach could occur if they do not employ adequate cybersecurity measures, allowing cybercriminals to steal online banking passwords.
- If the password to a medical services app is exposed, this could allow others to access your medical records and information regarding your medical conditions.
Read on to learn more about how to claim for a data breach. Or, contact our team of expert advisors to find out if you could be eligible to make a personal data breach claim.
What Evidence Could Help You Claim For A Password Data Breach?
Collecting evidence can be helpful when making a password data breach claim. Evidence can help strengthen your case, and can help you establish liability, as well as illustrate how the breach has affected your daily life and well-being. Some examples of evidence that could help you can include:
- Correspondence with the organisation at fault. This could include a notification letter or email, or any other communication that reveals details surrounding the breach.
- Medical assessments that show the extent of the psychological harm you sustained. A solicitor could help you arrange an independent medical assessment, which can help document the effect the breach has had on your mental health.
- Financial records regarding any monetary losses you experienced. For example, this could include bank statements, credit card bills, or invoices.
Contact our team today to find out how our panel of data breach solicitors could assist you in gathering evidence for your claim.
Potential Compensation Payouts From A Data Protection Breach Claim
The compensation awarded for a password data breach could include payment for up to two types of harm. These are material damage and non-material damage.
Non-material damage is any psychological harm you suffered due to compromised personal data. Data breach solicitors will usually assess this aspect of a claim with the help of the Judicial College Guidelines (JCG), a document containing guideline settlement brackets for different types of injuries. Some of these brackets are included in the table below. However, these figures are intended only as a guideline, as personal data breach compensation is awarded on a case-by-case basis.
| Non-Material Damage | JCG Brackets | Notes |
|---|---|---|
| General Psychiatric Harm (Severe) | £54,830 to £115,730 | Difficulties that are marked in relation to aspects of life, like work and education. Overall prognosis is poor. |
| General Psychiatric Harm (Moderately Severe) | £19,070 to £54,830 | Significant difficulties in relation to those same aspects listed above, but with a more encouraging prognosis. |
| General Psychiatric Harm (Moderate) | £5,860 to £19,070 | Difficulties that are significantly improved by the time of a trial. The overall prognosis is good. |
| General Psychiatric Harm (Less Severe) | £1,540 to £5,860 | The level of compensation considers the length of any disability experienced. |
| Reactive Psychiatric Disorder (Severe) | £59,860 to £100,670 | Effects are permanent and likely to affect all aspects of the individual’s life severely, leaving no ability to function as they would before the trauma. |
| Reactive Psychiatric Disorder (Moderately Severe) | £23,150 to £59,860 | Significant effects that are likely to cause disability for the expected future. |
| Reactive Psychiatric Disorder (Moderate) | £8,180 to £23,150 | Though there may be some continuing effects, they will not be greatly disabling. |
| Reactive Psychiatric Disorder (Less Severe) | £3,950 to £8,180 | The individual makes a virtually full recovery within 2 years. Persisting symptoms are minor. |
Can I Claim For Material Damage?
In addition to claiming compensation for distress after a password data breach, you may also be reimbursed for financial harm you’ve experienced. This is known as material damage compensation and could include events such as money being stolen from your bank account or damage to your credit score.
To find out if you could be eligible for compensation, contact our team of advisors today.
Claim With Data Breach Solicitors On A No Win No Fee Basis
You are not required to hire a lawyer to start a claim. However, a data breach solicitor’s services could be incredibly useful. Our panel solicitors have years of experience and knowledge to help you through the claims process. For example, a solicitor can help you gather evidence, and help you build and strengthen your case.
Furthermore, our panel of No Win No Fee solicitors may be able to provide their services under a specific type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). This means you generally don’t have to pay your solicitor’s services if your claim fails. Also, there are no fees to pay upfront to your solicitor, and no ongoing charges.
Usually, the only fee your solicitor is entitled to under a CFA is a success fee. In the event that your claim succeeds, your solicitor will take a small percentage of your compensation as their success fee. However, this percentage has a legislative cap, which helps ensure that you keep the majority of your award. If your claim fails, you do not pay this fee.
Want To Know What Potential Data Breach Compensation Amount You Could Receive? Contact Us For Free Today
If you are interested in starting a password data breach claim, our advisors are here to help. They can offer a free consultation when you get in touch today, in which they can provide you with free legal advice and more information surrounding compensation amounts and the personal data breach claims process. If they find your claim could be valid, they may put you in touch with one of our panel of expert solicitors. Find out more today by:
- Calling an advisor on 0333 241 2521
- Making a claim online
- Reach out to an advisor using the live chat feature
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To learn more about making a claim following a password data breach, get in touch today.
Writer Morgan Fresia
Publisher Cat Heart
