How Do I Quantify The Losses In A Data Breach Case?

Welcome to this guide, which answers the question of ‘How do I quantify the losses in a data breach case?’ Data breaches can be a significant violation of privacy, leaving individuals vulnerable to identity theft, fraud, and financial loss. If you have suffered a data breach, it’s important to understand your legal rights and options for compensation. This guide will provide you with a comprehensive understanding of how to quantify your losses in a data breach case, including relevant laws, time limits, and compensation guidelines. If you have been a victim of a data breach, please get in touch with us by phone on 0800 408 7827, contact form, or via live chat for a free consultation with our legal team.

Understanding the Impact of Data Breaches: How They Affect Your Finances and Privacy

How Do I Quantify The Losses In A Data Breach Case?Data breaches can result in significant financial losses for victims, including the cost of identity theft protection, lost income, and damage to credit ratings. Additionally, data breaches can be emotionally distressing, causing anxiety and fear about the misuse of personal information. In the UK, the General Data Protection Regulation (GDPR) and the Data Protection Act (DPA) provide legal protections for individuals affected by data breaches.

How Can Data Breaches Happen And What Harm Can They Cause?

Personal data breaches can happen in a variety of ways, and it’s important to understand how they can occur so you can take steps to protect your personal information. Here are some common examples of how personal data breaches can happen:

  1. Hacking: A hacker can gain unauthorised access to a computer system or network and steal personal data. 
  2. Phishing: Phishing is a type of social engineering attack where an attacker tricks a user into providing their personal information, such as passwords or credit card numbers. 
  3. Physical theft: Personal data can be stolen through physical theft, such as stealing a laptop or mobile device that contains sensitive information.
  4. Unintentional disclosure: Personal data can be accidentally disclosed by an organisation or individual. For example, an employee may accidentally send an email containing personal data to the wrong email address or an organisation may inadvertently post personal data on a public website.

If you believe your personal data has been compromised in a breach, it’s important to take action to protect your rights and seek compensation for your losses.

What Are Your Options? A Comprehensive Guide to Data Breach Claims

If you have suffered a data breach, you may be entitled to compensation for your losses. Your options for making a data breach claim include pursuing a legal claim against the organisation. You can do this alone, or with help from a data breach solicitor. To have a valid claim, you would need to evidence that the data controller acted wrongfully in exposing your data. Additionally, you’d need to prove that harm resulted from the exposure of your personal information. 

How Long Do I Have To Claim For Losses In A Data Breach Case?

In the UK, there are time limits for making a data breach claim under the Data Protection Act 2018 and the UK GDPR. In general, under the Limitation Act 1980 you have six years from the date of the breach to make a claim. However, it’s important to note that there are some exceptions to this rule and some claims may have a shorter limitation period.

It’s important to note that these time limits are strict, and if you miss the deadline, you may not be able to make a claim. That’s why it’s important to seek legal advice as soon as possible if you believe your personal data has been breached.

Calculating Your Losses: How to Quantify Damages in a Data Breach Case

To quantify your losses in a data breach case, you will need to consider a range of factors, including the type of data that was breached, the extent of the breach, and the harm that was caused as a result. Some of the types of losses that may be recoverable include financial losses, emotional distress, and loss of privacy.

How Much Compensation Can You Get for a Data Breach Claim? A Guide to Valuing Your Losses

The amount of compensation you may be entitled to for a data breach claim will vary depending on the specific circumstances of your case. In general, compensation awards for data breaches are designed to reflect the harm caused by the breach, including any financial losses, emotional distress, and loss of privacy. 

In order to determine the value of your claim, your solicitor will need to consider a range of factors, including:

  • The type of data that was breached: Personal data that is particularly sensitive, such as medical records or financial information, may lead to higher compensation awards.
  • The extent of the breach: The more individuals affected by the breach, the higher the compensation award is likely to be.
  • The harm caused: Emotional distress, loss of privacy, and financial losses are all factors that can contribute to the overall value of your claim.
  • Mitigating factors: If you have taken steps to mitigate your losses, such as cancelling credit cards or changing passwords, this may affect the amount of compensation you are entitled to.

Your solicitor will work with you to gather evidence to support your claim, including any documentation of financial losses, medical records or other evidence of emotional distress, and witness statements if applicable. They will then use this information to negotiate a settlement with the other party or parties involved in the breach.

Personal Information Stolen? Know Your Rights and Claim Compensation

If your personal information has been stolen in a data breach, you may be entitled to compensation under the GDPR and the DPA. These laws require organisations to take reasonable measures to protect personal data and provide individuals with specific rights to access and control their data. If your data has been breached, you may have the right to make a claim for compensation. Please speak to an advisor to see if you could have a valid claim.

No Win No Fee Claims: How to Make a Data Breach Claim Without Upfront Costs

If you are concerned about the cost of pursuing a data breach claim, a No Win No Fee agreement may be an option for you. This type of agreement means that you will only pay legal fees if your claim is successful. However, it’s important to carefully consider the terms of any No Win No Fee agreement and seek advice from a qualified solicitor before signing.

A solicitor who can offer to work on your case under a Conditional Fee Agreement would not usually ask for payment upfront. Instead, they would take a legally capped success fee at the end of a successful claim. 

We could connect you with a data breach solicitor from our panel that could work on claims in this manner. Please don’t hesitate to get in touch.

Factors Affecting Data Breach Compensation: What to Consider

The amount of compensation you may be entitled to for a data breach claim will depend on a range of factors, including the extent of the breach, the harm caused, and any financial losses you have suffered. The Judicial College Guidelines provide a range of compensation awards for different types of losses, including emotional distress/psychological harm. We detail these below:

  • Severe psychological/psychiatric injuries- £54,830 to £115,730
  • Moderately severe psychological/psychiatric injuries – £19,070 to £54,830
  • Moderate psychological/psychiatric injuries- £5,860 to £19,070
  • Less severe psychological/psychiatric  injuries – £1,540 to £5,860

However, these are not binding, and your compensation would depend on the severity of your injuries. Additionally, it would depend on the financial losses.

If you would like to learn more about how much compensation your claim could bring, please call our team.

How To Begin Your Claim

If you are considering pursuing a data breach claim, it’s important to seek legal advice from a qualified advisor who can help you understand your options and ensure that your rights are protected. We are experienced in connecting eligible claimants with solicitors from our panel who are adept at handling data breach claims and can provide you with the support and guidance you need to pursue your claim. Please get in touch with us by phone on 0800 408 7827, via our contact form, or through live chat for a free consultation with our advisors.

How Do I Quantify The Losses In A Data Breach Claim – Learn More

Finally, we’ve included some links to useful guidance that could help further your knowledge of data breach claims. We hope you find it useful.

Can I Make A Data Breach Claim If My Personal Data Was Obtained Illegally? – Firstly, has your data been obtained by illegal methods? Learn more about your rights and whether you could claim compensation.

What Types Of Data Breaches Could You Potentially Claim For? – Here, you can read all about what types of data breaches you could claim compensation for.

What Questions Should I Ask A Data Breach Solicitor Before Hiring Them? – Insight into what to learn about a solicitor before asking them to work on your claim.

How To Make A Data Protection Complaint – Here, you can learn how to complain about the use of your data.

Advice On Data Protection – Learn more about protecting your data and staying safe online.

Cyber Security Survey – Finally, some statistics on the commonality of data breaches can be found here.