Data breaches can cause serious issues for those impacted by them, and there are laws in place to emphasise the importance of organisations taking steps to protect personal data. However, in some cases, data breaches still happen. Some involve the loss or theft of personal data from databases. Should a database data breach happen, sensitive personal information such as contact details, sensitive information and financial data may be exposed, resulting in potential financial harm, identity theft, and emotional distress to those whose data has been compromised.
In this data breach compensation guide, we will explore the legal implications of database data breaches in the UK and provide information on how to claim compensation for damages should you be eligible to do so. We also provide insight into the benefits of using the services of data breach solicitors to launch a claim. Plus, how you could obtain such services without paying upfront for them.
Should you have questions after reading this guide, please get in touch. You can reach an advisor by:
Who Could Claim For A Database Data Breach?
Individuals who have experienced harm or distress due to a data breach have the right to seek compensation under UK law. The handling and protection of personal data in the UK are governed by the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, which require organisations to implement appropriate technical and organisational measures to prevent data breaches and to report incidents promptly to the Information Commissioner’s Office (ICO).
In case of a database data breach that causes financial loss or psychological harm, affected individuals could have the right to claim compensation covering various damages, such as financial losses from identity theft, emotional distress, and expenses related to the breach.
Eligibility to Claim for a Database Data Breach
Any eligible individual whose personal data has been compromised due to a database data breach caused by the wrongful acts of an organisation can seek compensation for harm or distress. This could include employees, customers, patients, and others. Compensation claims can be filed even if the individual has not experienced any financial losses, but has suffered emotional distress resulting from the breach.
Time Limits for Database Data Breach Claims in the UK
The Limitation Act 1980 sets the time limit for filing a compensation claim for a database data breach in the UK. Claimants have six years from the date of the breach to file a claim, but the time limit may be shorter in some cases. Seeking legal advice as soon as possible following a breach is critical to ensure that the claim is submitted within the time limit.
Should you believe you have a valid claim for compensation, please call an advisor. They could check how long you could have to claim. Plus, they could help you get started by connecting you with a data breach lawyer from our panel.
Database Data Breaches – How Could They Happen?
There are several ways in which a database data breach could occur. Some common causes include:
- Cyber-attacks: Hackers may target a database to steal personal data or install malware to gain access to sensitive information.
- Employee error or negligence: Employees with access to a database may accidentally or intentionally disclose sensitive information.
- Third-party breaches: Databases managed by third-party vendors may be compromised due to security vulnerabilities in the vendor’s systems.
- Physical theft: Databases stored on physical devices such as laptops or hard drives can be stolen, leading to data breaches.
Not every case where a data breach database download exposes personal data would lead to a claim. To check your eligibility to claim, please call an advisor. They would be happy to assist you. Should you be eligible, they could connect you with a solicitor from our panel.
Examples Of Data Breach Database Incidents
One notable example of a data breach to a database is the Blackbaud data breach.
The Blackbaud data breach was a cyberattack on one of the world’s largest providers of cloud-based fundraising and financial management software for nonprofit organisations. In February 2020, the company was hit by a ransomware attack, which was reported to have been halted later. During the attack, the hackers gained access to a subset of data containing personally identifiable information (PII) of some of Blackbaud’s clients and their customers.
The stolen data included names, addresses, phone numbers, and email addresses of individuals connected with Blackbaud’s client organisations. Additionally, donation history, engagement activity, and birth dates were also compromised in some cases.
Should you have had data exposed in the Blackbaud data breach, or any data breach of a database, an advisor could check your eligibility to claim data breach compensation. Please call to find out more.
Database Data Breach Compensation Amount – How Much Could I Receive?
If you have been a victim of a database data breach, you could be eligible for compensation. A compensation payout for a successful claim will depend on various factors. These would include the type of data involved and how it impacted on you.
For material damages, such as financial losses resulting from identity theft, compensation amounts will be based on the actual amount lost. For non-material damages, such as emotional distress, compensation amounts will be based on the severity and duration of the harm suffered.
In the UK, compensation amounts for non-material damages are determined on a case-by-case basis. Legal professionals could use a publication called the Judicial College Guidelines to get insight into non-material damages for psychological injuries caused by a database data breach. This publication provides recommended compensation amounts for various types of injuries. The amount of compensation awarded for non-material damages will also depend on the extent to which the breach affected you. For instance, if the breach caused significant emotional distress, you could receive a higher compensation amount than if the breach caused only minor upset.
Below are some of the figures from the Judicial College Guidelines relating to psychological harm.
- 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
Please note, however, that these are only rough guidelines. An advisor could provide details on how much you could claim for your own individual case.
Start A No Win No Fee Medical Data Breach Compensation Claim Today
Using a solicitor to handle a database data breach claim can offer several advantages. Data breach solicitors possess specialised knowledge and experience in this area of law, allowing them to offer professional legal advice and representation throughout the claims process. They can help claimants understand their legal rights and options, collect evidence, and negotiate with database providers and their insurers to secure a reasonable settlement.
One potential financial benefit for claimants is the option of pursuing their claim under a Conditional Fee Agreement (CFA), also known as a No Win No Fee agreement. With a CFA, the solicitor agrees to represent the claimant without charging upfront fees or expenses. Instead, if the claim is successful, the solicitor receives a percentage of the compensation awarded. If the claim is unsuccessful, the claimant is not obligated to pay the solicitor’s fees.
CFAs can be particularly useful for claimants who may not have the financial means to cover legal expenses upfront or who are worried about the costs of pursuing a claim.
If you want to learn more about making a No Win No Fee database data breach claim in England and Wales, call us. Our helpline is available to assist you. An advisor can evaluate your claim. They could connect you with a solicitor from our panel if you have a valid claim.
You can reach us in several ways:
- Call us at 0800 408 7827.
- Provide us with details of your case by using the Contact Us page.
- Speak to us using our live chat feature located in the bottom right corner of your screen.
Learn More About Database Data Breach Claims
Below, we have provided further insight into database data breach claims. You might find the links below useful for further research. If you have further questions, do not hesitate to call an advisor.
Information On The Blackbaud Data Breach – The ICO provides a disclosure here.
Report A Data Breach – Here, you can see the ICO guidance on reporting a GDPR data breach.
Database Security – Tips for securing databases can be found here.
How Much Compensation For A Data Breach Could I Get? – Here, you can learn more about calculating data breach compensation.
Bank Data Breach – Have you suffered harm from a bank data breach? This guide could help.
Pharmacy Data Breach – A pharmacy database data breach could also lead to a claim. Find out more here.