If you have suffered harm, either emotionally or financially, due to the accidental destruction of your personal data, you may be eligible to claim data breach compensation. Accidental destruction of personal data can occur for various reasons. These can include data processing errors, human errors, or even technical malfunctions. Should you be able to prove that you’ve suffered such harm due to an organisation’s wrongdoing, you could be eligible to make a claim.
This guide will help you understand how to go about claiming compensation for the accidental destruction of personal data. It will provide insight into the various causes of such events. Plus, it will describe the legal implications of such breaches and the compensation you may be eligible for.
In the sections below, we will cover the eligibility criteria for claiming compensation, which include factors such as the nature and extent of the damage suffered and the impact it has had on your life. We will also look into the laws surrounding data protection in the UK, including the Data Protection Act 2018.
Further to this, we will explore the various types of damages that you may be able to claim, how to gather evidence to support your claim and how to find the right data breach solicitors to assist with your claim.
Should you have questions after reading this guide, you can get in touch at any time:
What Type Of Breach Is The Accidental Destruction Of Personal Data?
The accidental destruction of personal data could be considered a type of data breach, specifically a loss of data breach. When personal data is accidentally or unlawfully destroyed, deleted, or made inaccessible it could cause problems. This type of breach can result in a loss of valuable and sensitive information. Such a loss could potentially lead to identity theft, financial loss, and reputational damage to those affected. It could also cause emotional distress.
Under the UK GDPR, which is enshrined into law in the Data Protection Act 2018, data controllers have a legal obligation to protect the personal data that they collect, process and hold. Their responsibilities include taking measures to prevent accidental loss or destruction. If an organisation acts wrongfully in this regard, it may be liable to pay compensation to individuals who have suffered harm as a result of the breach.
Individuals affected by the accidental destruction of their personal data may be able to claim compensation for losses or damages suffered as a result. The amount of compensation will depend on the specific circumstances of the breach and the harm. Damages could include financial losses, emotional distress, and reputational damage.
If you’d like to check your eligibility to claim for the accidental destruction of your personal data, please get in touch.
How Long Do I Have To Claim For The Accidental Destruction Of My Personal Data?
If you would like to claim for the accidental destruction of your personal data, and the harm it has caused you, you should consider acting as soon as you are able. In the UK, there is generally a time limit of six years that could apply from the date of the data loss to make a claim. However, this does not apply to all claims. In some cases, you may only have a year to claim.
Therefore, it is generally best to make a claim as soon as possible to ensure the best chance of success.
If you aren’t sure whether you would be eligible to claim data breach compensation or if you are concerned about the time limit for making a claim, please get in touch.
What Harm Could Accidental Destruction Of Personal Data Cause?
Data loss can have severe consequences. This could especially be the case when it involves financial or medical information. The accidental destruction of personal data could lead to identity theft, fraudulent purchases, and financial losses.
Malicious individuals may use the lost data to access bank accounts, credit cards, or other financial accounts, causing harm to your finances and credit score. Rectifying the breach may require a significant amount of time and money.
The loss of your medical information could also result in significant harm. Medical data is highly sensitive and confidential, and its loss could lead to a breach of privacy. In addition, if medical information is lost, you may be prevented from receiving necessary medical treatments. Should this happen, you could suffer physical and emotional distress.
If you have been harmed by the accidental destruction of your data, whether physically, psychologically or financially, you may be entitled to compensation. Call our helpline to seek legal advice to determine if you are eligible to make a data breach compensation claim.
What Evidence Do I Need To Claim For Personal Data Destruction Compensation?
To claim for personal data destruction compensation, you will need to provide evidence that your personal data has been destroyed or lost due to the wrongful acts of a data controller. You’ll also have to provide evidence of the harm you’ve suffered as a result. The evidence required will vary depending on the circumstances of your case. However, there are several types of evidence that may be helpful:
Evidence of the data that has been lost or destroyed – This could include any documentation or records that show what information was held and destroyed.
Evidence of the incident that destroyed your data. This could include any correspondence with the party responsible. It could include emails or letters.
Evidence of the harm suffered as a result of the data loss. This could include financial losses or psychological distress.
It is important to keep all relevant documentation relating to the data loss, as this will be crucial in supporting your claim. Seeking legal advice from specialist data breach solicitors could give you insight into what evidence is required and how best to present your claim.
How Much Compensation Could I Claim For The Accidental Destruction Of My Data?
When your personal data is accidentally destroyed, it may cause significant harm, which can lead to various losses. If this happens to you, you may be eligible to claim compensation for the damages you have incurred. The types of damages that can be claimed could include:
Material damages are the most common type of compensation claimed, and include financial losses that the individual has incurred as a result of the breach. For example, if the accidental destruction of personal data leads to identity theft, the cost of identity theft protection, and any expenses incurred in restoring your identity could be claimed.
Non-material damages are also a possible form of compensation. These include any emotional distress after a data breach or reputational damage that you have suffered as a result of the breach.
It’s important if you’ve been affected by a data breach to seek legal advice to determine your eligibility for compensation. You can also find out the types of damages you could include in your claim.
Compensation For Non-Material Damage In A Data Breach Claim
Compensation for psychological injuries caused by the accidental destruction of personal data can vary depending on the severity of the harm suffered. The 2022 edition of the Judicial College Guidelines provides some examples of potential compensation amounts that may be awarded for psychological damage in successful data breach claims in England and Wales. These are only rough guidelines, however.
For instance, severe psychological harm could result in compensation between £54,830 and £115,730, while moderately severe psychological harm could lead to between £19,070 and £54,830 in compensation. Moderate psychological harm may result in between £5,860 and £19,070, and less severe psychological harm could lead to compensation between £1,540 and £5,860.
If you believe you have suffered psychological harm due to the accidental destruction of your personal data, it’s important to seek legal advice to determine your eligibility for compensation and the potential compensation you may be entitled to receive. You can speak to one of our advisors to discuss your case and receive further insight into your options. We can also help connect you with a solicitor from our panel to start the claims process.
No Win No Fee Data Breach Claims
If you have suffered harm due to the accidental destruction of personal data and are considering making a data breach claim, it may be helpful to engage the services of solicitors. We recommend seeking the assistance of data breach solicitors who have experience in handling data breach claims, and a Conditional Fee Agreement (CFA) may be a suitable option for those who do not want to make an upfront payment.
With a CFA, you will only be charged a success fee if your solicitor helps you obtain compensation for the breach. The success fee is a percentage of your data protection breach compensation and is legally limited by the Conditional Fee Agreements Order 2013. This means that you do not have to worry about excessive charges once your claim is settled.
If you need further guidance on No Win No Fee data breach claims or would like to start a claim for compensation, our advisors are available to assist you anytime.
Further Insight Into The Accidental Destruction Of Personal Data
Further guidance can be found at the links below.
ICO – What We Do – The Information Commissioner’s Office explains its work.
Report A Data Breach – Learn what to do if your data has been breached.
Guidance On Creating Secure Passwords For Data Protection – Learn about creating passwords that protect your data.
eCommerce Data Breach – Learn how to claim for such a breach.
Government Data Breach – Guidance on claiming for data breaches within government.
Credit Card Data Breach – Learn what to do if you’ve suffered such a breach.