As technology advances and more of our personal information is stored online, data breaches have become increasingly common. In the UK, organisations have a legal obligation to protect their customers’ data, and if they fail to do so, they may be liable to pay compensation. If you believe you have been the victim of a data breach, it’s important to take action. But how do you know how much compensation you might be entitled to? That’s where a data breach compensation calculator comes in. By using this tool, you can input details about the breach and receive an estimate of how much compensation you may be able to claim.
Not only does this save you the time and effort of researching compensation amounts, but it also helps ensure that you receive fair compensation for any harm or distress caused by the data breach. But are these tools accurate, and are there alternatives to finding out how much data breach compensation you could receive?
This guide explains what you may need to know about using online tools and other methods to calculate data breach compensation. We also offer our services, whereupon an advisor could assess your eligibility to claim. They could also put you in touch with a data breach solicitor from our panel to start your claim. If you would like to talk to us, you can reach us by any of the methods below.
What Is A Data Breach?
A data breach occurs when there is a security incident that compromises the confidentiality, integrity, or availability of personal data. This can happen due to various reasons, such as cyberattacks, insider threats, human error, or system vulnerabilities.
One common example of a data breach is an email being sent to the wrong address. This can happen when an individual accidentally sends an email containing sensitive information to the wrong recipient, exposing that information to an unintended party.
Another example is a lost or stolen device, such as a laptop or mobile phone, that contains personal data. If the device is not properly secured, the data can be accessed by whoever finds or steals the device.
A malicious breach by a disgruntled employee is another potential risk. An employee who has access to sensitive information may intentionally breach that data as an act of revenge or to gain some sort of advantage.
Or, an unsecured filing cabinet can also lead to a data breach. For example, a disciplinary record that contains personal information could be accessed by an unauthorised individual if the filing cabinet is not properly secured.
Anyone who has been affected by a data breach can potentially make a claim for compensation if harm results from wrongful exposure of their personal data by an organisation bound to protect it. After all, organisations have a legal duty to protect personal data under the Data Protection Act 2018.
To be eligible for compensation, the claimant must be able to demonstrate that they have suffered harm or loss as a result of the breach. This harm can include financial loss, emotional distress, loss of privacy, reputational damage, or any other type of damage that can be directly attributed to the breach.
What Are The Pros And Cons Of Using A Data Breach Compensation Calculator?
Using a data breach calculator can have several advantages and disadvantages, depending on your specific situation. Here are some of the main pros and cons of using a data breach calculator:
- Time-saving – Calculating potential compensation for a data breach can be a complex process, and using a data breach calculator can save you time and effort by providing an estimate quickly and easily.
- Clarity – A data breach calculator can help you understand your rights and what kind of compensation you may be entitled to. This can help you make informed decisions about whether to pursue legal action or not.
- Accuracy – Data breach calculators rely on certain assumptions and estimates, which may not always be accurate. The amount of compensation you receive may also depend on other factors, such as the severity of the breach and the extent of the harm caused.
- Limitations – Data breach calculators may not take into account certain factors, such as emotional distress, loss of business opportunities, or reputational damage. These factors can significantly affect the amount of compensation you may be entitled to.
- Lack of personalisation – A data breach calculator provides a general estimate of compensation, but it may not take into account the unique circumstances of your situation. You may need to consult a legal professional for a more personalised view.
Using a data breach calculator can be a helpful starting point for understanding your rights and potential compensation, but it’s important to keep in mind that it may not provide a complete or accurate picture of your situation. It’s always a good idea to consult a legal professional for advice on how to proceed.
What Damages Could I Claim?
A data breach calculator can provide insight into different types of claims, such as:
- Compensation for financial losses – This can include unauthorised transactions, identity theft, fraud, or other types of financial harm caused by the breach.
- Compensation for emotional distress – This can include anxiety, stress, or other types of emotional harm caused by the breach.
However, it’s important to note that the specific eligibility criteria and compensation amounts may vary depending on the specific circumstances of the breach. It’s always advisable to seek legal advice from a qualified professional for a personalised evaluation of your case.
What’s The Alternative To Using A Data Breach Compensation Calculator?
The alternative to using a data breach calculator is to consult the Judicial College Guidelines for personal injury awards, which provide a framework for calculating compensation in different types of personal injury cases, including those related to data breaches.
Legal professionals in the UK could use the Judicial College Guidelines to determine the appropriate amount of compensation in personal injury cases. They provide guidance on the general range of compensation for different types of injuries, including physical, psychological, and financial injuries.
The 2022 edition of the guidelines estimate psychological injury compensation payouts as follows. However, these are very rough guidelines.
- Severe injury- £54,830 to £115,730
- Moderately Severe injury – £19,070 to £54,830
- Moderate injury- £5,860 to £19,070
- Less Severe injury- £1,540 to £5,860
To determine the appropriate amount of compensation for a data breach claim, one would need to consider the specific circumstances of the breach, such as the severity of the breach, the nature of the personal data that was compromised, the extent of the harm or loss suffered, and any other relevant factors.
Consulting an advisor, such as a solicitor or lawyer specialising in data breach claims, can also be a helpful alternative to using a data breach calculator. An advisor can provide personalised advice on the specific eligibility criteria and compensation amounts for a particular case.
No Win No Fee Data Breach Claims – Getting Help With Your Case
If you have been affected by a data breach, you may be entitled to compensation, and one option to pursue this is to work with a No Win No Fee solicitor from our panel. If your claim is unsuccessful, you will not be required to pay the solicitor for their work, making it a low-risk way to pursue your claim.
To make a claim with a No Win No Fee solicitor, you should first get in touch with an advisor who can evaluate the specific circumstances of your case and determine if you have a strong case for compensation. If so, they will connect you with a solicitor from our panel specialising in data breach claims.
Your solicitor will then work with you to gather evidence, assess damages, and pursue your claim. They will negotiate with the other party on your behalf and represent you in court if necessary.
If your claim is successful, you will be entitled to receive compensation for the harm or loss you suffered as a result of the data breach. The compensation you receive will depend on the specific circumstances of your case, including the severity of the breach and the harm or loss you suffered. The amount your lawyer would receive as a success fee is capped under the Conditional Fee Agreements Order 2013, so you would always benefit from the majority of your payout.
To get started with claiming with a solicitor from our panel, simply get in touch with an advisor today. They can evaluate your case and provide you with personalised advice on your eligibility for compensation and the best next steps to take.
Further Insight Into Using A Data Breach Compensation Calculator
Personal Data Breach Reporting – The ICO shows how to report a breach.
Artificial Intelligence And Data Protection – Learn about the ICO’s work on AI.
Make A Complaint – This page explains how to make a complaint about data protection.
How Much Could My Data Breach Claim Be Worth? – Learn more about compensation calculations.
Data Breach Compensation Examples – Learn what types of breach could lead to a claim.
Accidental Data Breaches – Can you claim if a data breach was accidental? Find out here.