Welcome to this comprehensive guide on what types of damages can be claimed in a data breach case. If you’re reading this, you may be wondering, what is a data breach claim? Simply put, a data breach claim is a legal action taken against an organisation that has failed to protect personal data, resulting in a breach of that data.
In this guide, we will cover the legislation that organisations must adhere to in order to protect personal data. We will also explain the criteria for making a claim, including who can claim and the time limits for doing so. Additionally, we will discuss the different types of damages that can be claimed, such as financial losses, emotional distress, and loss of privacy.
If you have been affected by a data breach, it’s important to seek legal advice as soon as possible. Our team of expert advisers can help assess your case and guide you through the process of making a claim. Contact us today to speak to an advisor and start your claim with one of our panel of data breach solicitors.
What Is A Data Breach Claim And How Do I Know Whether I’m Eligible For Damages?
A data breach claim is a legal action taken against an organisation that has failed to protect personal data, resulting in a breach of that data. In the UK, organisations are required to follow the data protection laws laid out in the Data Protection Act 2018, which sets out the rules for how personal data should be collected, processed, and stored.
If you believe that your personal data has been breached, you may be eligible to make a claim. However, there are certain criteria that you must meet in order to do so. Firstly, you must have suffered damage as a result of the breach. This could include financial losses, emotional distress, or loss of privacy.
Additionally, the breach must be the fault of the organisation in question. If they have taken all reasonable steps to protect your data and the breach was caused by an unforeseeable event, such as a cyber attack, then you may not be eligible to make a claim.
In summary, if you’ve suffered damage as a result of a breach of your personal data, and the breach was caused by an organisation’s failure to take reasonable steps to protect your data, you may be eligible to make a claim, but not via the ICO. You can speak to our advisors to begin a claim for compensation if you are eligible.
What Types Of Damages Were Historically Available For Data Breach Cases?
Historically, the determination of damages in data breach cases has been a complex and evolving area of law. In the past, it was difficult for claimants to prove that they had suffered financial loss as a result of a data breach, and so damages were often limited to compensation for any direct financial losses incurred, such as the cost of replacing a stolen credit card.
However, with the increasing use of digital technologies and the growing awareness of the value of personal data, the types of damages that can be claimed in a data breach case have expanded. For example, claimants can now seek compensation for emotional distress, loss of privacy, and other non-financial losses.
In 2015, a landmark case involving Morrisons Supermarkets resulted in a significant shift in the approach to data breach damages. In this case, a rogue employee leaked the personal data of nearly 100,000 Morrisons employees, resulting in a class action lawsuit. The court held that Morrisons was vicariously liable for the actions of its employee and awarded damages to the affected employees, including compensation for distress and loss of privacy.
Since then, the approach to data breach damages has continued to evolve. Courts are increasingly recognising the value of personal data and the impact that a breach can have on individuals, both financially and non-financially. As a result, it’s important to seek expert legal advice if you believe that you have been affected by a data breach, to ensure that you receive the compensation that you deserve.
What Types Of Damages Can Be Claimed In A Data Breach Case Now?
The types of damages available for data breach claims have expanded significantly in recent years. In addition to compensation for direct financial losses, such as the cost of replacing a stolen credit card, claimants can now seek compensation for a wide range of non-financial losses, including emotional distress, loss of privacy, and damage to reputation.
Emotional distress is a common form of non-financial loss that can result from a data breach. This may include anxiety, depression, and other mental health issues caused by the violation of privacy or the fear of identity theft. Claimants may also be able to seek compensation for the recognised psychological condition Post-Traumatic-Stress Disorder (PTSD).
Loss of privacy is another significant type of damage that can be claimed in data breach cases. This could include the publication of sensitive personal information, such as medical records or financial information, which could lead to identity theft or other forms of fraud. Claimants may also be able to claim for the loss of control over their personal data, as well as the distress caused by the breach itself.
If you have been affected by a data breach, it’s important to seek expert legal advice to ensure that you receive the compensation that you deserve.
How To Calculate Different Types Of Damages
Calculating damages in data breach claims can be a complex process, as it often involves estimating the impact that the breach has had on the claimant’s financial and non-financial well-being. The specific methods used to calculate damages will depend on the nature of the claim and the evidence available.
For direct financial losses, such as the cost of replacing a stolen credit card or identity theft insurance, the calculation is typically straightforward. The claimant can provide receipts or other documentation to prove the actual costs incurred as a result of the breach.
For non-financial losses, such as emotional distress or damage to reputation, the calculation is more subjective. The claimant may need to provide evidence of the impact that the breach has had on their mental health or their relationships, such as medical records or witness statements. Expert testimony from a psychologist or other mental health professional may also be required to establish the extent of the emotional distress.
No Win No Fee Data Breach Claims – Start A Claim Today
If you have been a victim of a data breach, you may be entitled to claim compensation for the losses and damages you have suffered. However, many people are hesitant to pursue a claim because of the potential cost involved. Fortunately, there are many No Win No Fee lawyers who can help you make a claim without having to worry about upfront costs.
No Win No Fee agreements, also known as Conditional Fee Agreements (CFA), allow you to pursue a legal claim without having to pay for your lawyer’s work upfront. Instead, you only pay if you win your case, and the fee is typically a percentage of the compensation you receive. CFAs are overseen by the Conditional Fee Agreements Order 2013, and they are designed to give everyone access to justice, regardless of their financial circumstances.
To claim different types of data breach damages with a No Win No Fee lawyer, the first step is to contact an advisor to check your eligibility for a claim. They will be able to assess your case and determine whether you have a strong case for a data breach claim. If you do, they can connect you with a No Win No Fee solicitor from our panel, who will handle your case on your behalf.
If you have been a victim of a data breach, it’s important to seek expert legal advice as soon as possible. Contact an advisor today to check your eligibility for a claim and to be connected with a No Win No Fee solicitor.