A Guide To Claiming Data Protection Breach Compensation

Data breaches have become increasingly common in today’s digital age, leaving individuals and businesses vulnerable to the theft of personal information. If you have been a victim of a data breach, you may be entitled to compensation for the damages you have suffered. However, navigating the process of making a claim can be daunting, especially if you are unfamiliar with the legal system. This guide to claiming data protection breach compensation aims to provide you with a comprehensive overview of the steps involved in making a data breach compensation claim.

guide to claiming data protection breach compensationThe guide will cover various aspects of the claims process, from checking your eligibility criteria and understanding your rights as a data subject under the Data Protection Act 2018, to explaining how damages can be calculated in a data breach compensation claim. We will also provide guidance on how to make a No Win No Fee claim with one of our panel of data breach solicitors, ensuring that you have access to the legal expertise you need without any upfront costs.

If you have been affected by a data breach and believe that you may be entitled to compensation, we encourage you to get in touch with one of our advisors today to discuss your options.

Your Guide To Claiming Data Protection Breach Compensation – What Is A Data Breach?

Personal data is any information that can be used to identify an individual, either on its own or in combination with other data. This can include a wide range of data points, such as a person’s name, address, email address, phone number, date of birth, financial information, and even their IP address or online activity.

To make a claim for a data breach, there are specific eligibility criteria that you must meet. Firstly, you must be able to demonstrate that your personal data was involved in the breach. Secondly, you must have suffered some form of harm or loss as a result of the breach. This can include financial losses, such as identity theft or fraud, or non-financial harm, such as distress or damage to your reputation.

It’s worth noting that the amount of compensation you may be entitled to can vary depending on the specific circumstances of the breach and the harm suffered. For example, a breach that results in financial losses may result in different compensation compared to a breach that causes emotional distress.

Guide To Claiming Data Protection Breach Compensation – How Long Do I Have To Claim?

It’s also important to keep in mind that there are time limits for making a claim. In the UK, the general time limit for making a data breach compensation claim is 6 years from the date of the breach, although there are some exceptions to this rule, and some claims only have a limitation period of 1 year.

How Do Data Breach Compensation Claims Work?

If you suspect that your personal data has been involved in a data breach, there are several steps you can take to protect yourself and potentially make a compensation claim.

The first step is to determine whether your data has actually been breached. This can be done by checking any notifications from the organisation or company that held your data, monitoring your financial accounts and credit reports for any unusual activity, and being vigilant for any suspicious emails or messages that could be phishing attempts.

If you discover that your personal data has been breached, you should notify the organisation as soon as possible and request details about the breach. You should also gather any evidence that could support your claim, such as copies of emails or messages, bank statements, or any other documentation that shows the extent of the harm you have suffered.

Once you have gathered all the necessary information, you should seek legal advice. We encourage you to get in touch with one of our advisors, who can provide you with personalised support and guidance. They could connect you with data breach solicitors who could help you get the compensation you deserve.

Guide To Claiming Data Protection Breach Compensation – Who Could Be At Fault?

Data breaches can happen in many different ways, and can occur at any organisation that holds personal data. For example, a university could breach the medical data of its students or their attendance record, while credit card companies could breach financial information. Even government data breaches could happen, exposing personal data of employees or members of the public.

There are several ways in which data breaches can occur, such as hacking, phishing, malware attacks, insider threats, or human error. In some cases, data breaches may occur due to negligence on the part of the organisation, such as failing to properly secure data or failing to follow data protection laws and regulations.

To make a claim for a data breach, it’s important to be able to demonstrate that the organisation has acted wrongfully and that the breach has caused you harm. This could include financial losses, such as identity theft or fraud, or non-financial harm, such as distress or damage to your reputation.

It’s worth noting that not all data breaches will result in harm, and not all breaches will be considered wrongful. For example, if an organisation has taken all reasonable steps to protect your data and the breach was caused by a sophisticated cyberattack, it may be difficult to prove that the organisation acted wrongfully.

If you believe that your personal data has been involved in a data breach and you have suffered harm as a result, it’s important to seek legal advice from a qualified solicitor who can help guide you through the claims process and ensure that your rights are protected. They can also advise you on the strength of your case and the likelihood of success, based on the specific circumstances of the breach.

What Damages Could I Be Eligible To Claim?

When it comes to making a compensation claim for a data protection breach, there are different types of damages that individuals may be able to claim, depending on how they have been affected by the breach.

Material damages refer to any financial losses that have been incurred as a result of the breach.

Non-material damages, on the other hand, refer to any harm or distress that has been caused by the breach, such as emotional distress or damage to reputation.

Calculating compensation payouts for psychological injuries resulting from a data breach can be challenging, as each individual may be affected in different ways. However, the Judicial College Guidelines can provide some guidance on how much compensation may be awarded for different types of psychological injuries. These guidelines could be used by courts in England and Wales to help determine the appropriate level of compensation for various types of injuries, including those related to psychological harm.

Below, we have listed some figures from the 2022 edition of the guidelines. They could provide a very rough guide on non-material damages. However, your payout could differ depending on the specifics of your case. Please contact an advisor for further insight.

Psychiatric Damage – Severe – £54,830 to £115,730
General Psychiatric Damage – Moderately Severe – £19,070 to £54,830
Psychiatric Damage – Moderate – £5,860 to £19,070
General Psychiatric Damage  – Less Severe – £1,540 to £5,860

Your Guide To No Win No Fee Data Protection Breach Claims

If you have been the victim of a data breach, you could seek legal help from a qualified solicitor specialising in data breach compensation claims. A data breach solicitor can provide a range of services to help you pursue a claim for compensation, including assessing the strength of your claim, gathering evidence, and negotiating with the other party on your behalf.

One of the advantages of working with a solicitor who is part of our panel of solicitors is that they may be able to offer their services under a Conditional Fee Agreement (CFA), also known as a No Win No Fee agreement. This means that if your claim is unsuccessful, you will not have to pay for the work your solicitor has done. If your claim is successful, your solicitor will receive a percentage of the compensation award as their fee.

The use of CFAs in data breach compensation claims is regulated by the Conditional Fee Agreements Order 2013. This order sets out the terms and conditions under which CFAs can be used in these types of claims and provides a framework for ensuring that claimants are protected from excessive legal fees.

If you think you may have a valid data breach claim, it’s important to speak to a qualified solicitor as soon as possible to understand your options and assess the strength of your case. Our panel of solicitors are experienced in handling data breach compensation claims and can help guide you through the claims process. Contact one of our advisors today to find out if you could be eligible to make a claim under a CFA.

Your Guide To Claiming Data Protection Breach Compensation – Further Resources

Below, you can find more guidance on data protection breach claims.

ICO Data Protection Advice For The Public – You’ll find useful insight into protecting your personal data here.

Cyber Security Survey – Learn about data security trends here.

Advice From The NCSC – Here, you can find more advice about protecting personal data online.

School Data Breach Claims – Learn whether you could claim for a school data breach.

Data Breach Examples – Find examples of data breaches here.

Hospital Data Breach – Learn whether you could claim compensation for a breach of your hospital data.