It is essential to recognise the increasing prevalence of data breaches in our digital age. Not only can they expose personal information, but they can also leave individuals vulnerable to identity theft and fraud. That is why data breach compensation claims have become a viable option for those affected. However, it is crucial to understand that evidence is necessary to make a successful claim. Without it, it can be challenging to prove the breach occurred and that you suffered as a result. That is where our guide on “Can I Claim Data Breach Compensation Without Evidence?” comes into play.
Our comprehensive guide provides a detailed overview of who may be eligible to claim, what evidence could be useful, and how to go about making a claim. Our expert advisors can assess your claim to determine eligibility, and our panel of data breach solicitors can assist with gathering the necessary evidence to present a strong claim.
If you have any questions or believe you may be eligible to claim compensation for a data breach, we encourage you to read our guide and contact one of our advisors today. Don’t allow a data breach to leave you feeling helpless. Take action and seek the compensation that you may be entitled to.
Why Can’t I Claim Data Breach Compensation Without Evidence?
It is important to note that making a successful claim for data breach compensation requires evidence. Evidence is necessary to prove that the breach occurred, due to wrongdoing by the liable party and that an individual suffered as a result. Without evidence, it can be challenging to prove a claim, and it may not be possible to receive compensation.
What Types Of Data Breach Can Someone Claim For?
Hackers, malware, phishing, human error, and negligence by organisations or individuals handling personal data can all lead to data breaches.
Various types of personal data can be breached depending on the wrongdoing by the organisation or individual. For instance, healthcare providers may breach medical records containing sensitive health information, while financial institutions may breach credit card information, bank account details, or phone numbers. Social media platforms may breach personal profiles, photos, and contact details, while retailers may breach purchase history, delivery addresses, and payment details.
What Laws Protect Personal Data?
The Data Protection Act 2018 provides a legal framework for individuals to claim compensation for damages caused by a data breach resulting from wrongdoing by an organisation. The act establishes rules on how personal data should be handled, processed, and stored, and sets out obligations for data controllers and processors to ensure that individuals’ rights are protected.
If a data breach occurs due to an organisation’s failure to comply with its legal obligations under the Data Protection Act, the affected individuals may be entitled to compensation for any harm suffered. This may include non-material damages, such as emotional distress or loss of privacy, as well as material damages, such as financial losses incurred due to identity theft or fraud.
To claim compensation under the Data Protection Act 2018, the affected individual would need to prove that the data breach occurred as a result of the organisation’s wrongful conduct.
How Long Do I Have To Claim Data Breach Compensation?
It is also important to note that the individual must bring their claim within the time limit set out in the Limitation Act 1980, which is generally six years from the date of the breach.
Suppose you believe you have been affected by a data breach caused by wrongdoing. In that case, we encourage you to speak with one of our advisors, who can assess your claim and connect you with a data breach solicitor from our panel who can help you pursue the compensation you may be entitled to.
I Can’t Claim Data Breach Compensation Without Evidence- So What Evidence Do I Need?
If you believe you have been a victim of a data breach and are looking to make a claim, it is important to gather as much evidence as possible to support your case. The following types of evidence could be helpful in a data breach claim:
- Evidence of the breach – This could include any notifications from the organisation that experienced the breach, news reports or any other documentation that confirms the breach occurred.
- Evidence of the data that was breached – This could include screenshots, copies of emails, or any other documentation that shows what personal information was accessed or stolen.
- Evidence of harm suffered – This could include any financial losses, identity theft, or emotional distress that you have suffered as a result of the breach. This evidence could include bank statements, credit reports, or medical records.
- Evidence of the organisation’s negligence – If the organisation failed to take reasonable steps to protect your personal information, you may be able to claim compensation for the breach. This evidence could include security policies, training records, or any correspondence with the organisation regarding the breach.
It is important to note that the type of evidence required may vary depending on the circumstances of the breach and the harm suffered.
What Damages Could I Claim For In A Data Breach Compensation Claim If I Have Evidence?
Claims for data breach compensation could result in material (financial) and non-material damages . You would not be able to claim data breach compensation without evidence of these types of harm. Below, we explain the evidence that could be useful.
Evidence for Material Damages In Data Breach Compensation Claims
Evidence for Non-Material Damages In Data Breach Compensation Claims
Non-material damages refer to the emotional distress, anxiety, and other psychological harm that a victim of a data breach may suffer. These damages are often difficult to quantify, and evidence must be presented to support the claim. The following types of evidence could be helpful in a non-material damages claim:
- Medical records
- Witness statements
- Expert opinions
It is important to note that the evidence required for a non-material damages claim may vary depending on the circumstances of the breach and the harm suffered. Consulting with a data breach solicitor can help you identify the specific evidence you need to build a strong case for compensation for non-material damages.
Compensation For Non-Material Damages In Data Breach Compensation Claims
The Judicial College Guidelines provide a framework for calculating compensation for non-material damages in personal injury claims, including those arising from a data breach. Using these guidelines, data breach solicitors can calculate an appropriate level of compensation for non-material damages that reflects the harm suffered by the claimant. While the guidelines are not legally binding, they are widely accepted by courts and can provide a helpful starting point for negotiating compensation settlements.
Examples below show the levels of compensation the Judicial College Guidelines 2022 edition states could be appropriate for psychological injuries.
- Severe – £54,830 to £115,730
- Moderately Severe – £19,070 to £54,830
- Moderate – £5,860 to £19,070
- Less Severe- £1,540 to £5,860
No Win No Fee Claims
A No Win No Fee agreement, also known as a conditional fee agreement (CFA), is a way to make a data breach claim without incurring any upfront costs. Under a CFA, a data breach solicitor agrees to take on your case and only charge for their work if the claim is successful. This fee is typically a percentage of the compensation awarded.
It is important to note that under the Conditional Fee Agreements Order 2013, there are limits on the success fees that a solicitor can charge. This is to ensure that claimants are not charged excessive fees and can receive a fair amount of compensation for their claim.
If you have been a victim of a data breach and are considering making a compensation claim, we can connect you with a solicitor from our panel who can help. Don’t let the cost of legal fees hold you back from seeking the compensation you deserve. Contact us today to speak with an advisor and take the first step towards getting the justice and compensation you are entitled to.
Further Insight Into Can I Claim Data Breach Compensation Without Evidence
Data Breach Compensation Calculator – Learn more about calculating compensation for data breach claims.
Accidental Data Breach – This guide explains what happens if a breach is caused by accidents.
Lost Or Stolen Devices – Breaches could happen due to lost and stolen devices. Find out about these here.
ICO What We Do – Explains the responsibilities of the UK’s Information Commissioner’s Office.
Personal Data – This guide explains what personal data could include.
Action Taken – You can find out what the ICO has done about data breaches here.