This guide will explore when you could claim following an estate agent breach of data protection that has affected your personal data. There are certain eligibility requirements for putting forward a personal data breach claim which we will discuss further in this guide.
Additionally, we will explore the legislation in place to protect your personal data, what a personal data breach is and how a breach could occur.
We will also what you can do after a data breach, how long you have to claim and the evidence that can be gathered to support your case.
Furthermore, we will look at the compensation you could be entitled to after a successful claim and how this is calculated.
You can also speak to an advisor from our team if you have any other questions. They are on call at all times to offer you a free consultation. To get in touch:
Browse Our Guide
- When Are You Eligible To Claim For An Estate Agent Breach Of Data Protection?
- How Could An Estate Agent Breach Data Protection?
- Potential Evidence That Could Help You Claim For A Data Breach
- How Much Compensation Will I Get For A Data Breach?
- How Could A No Win No Fee Data Breach Solicitor From Our Panel Help?
- Learn More About Claiming For A Data Protection Breach
The responsibilities a data controller and data processor have to protect your personal data is outlined by the UK General Data Protection Regulation (UK GDPR) as well as the Data Protection Act 2018 (DPA). A data controller is in charge of how and why your data is used. They can sometimes process the data themselves or they can outsource this task to a data processor who will act on the controller’s instruction.
Both must adhere to data protection law. If they fail to do so, this is a breach of data protection. However, not all instances of the legislation being breached will mean you can claim. In order to seek data breach compensation, you must be able to prove the following:
- A data processor or data controller failed to adhere to data protection law
- Their failings resulted in a breach affecting your personal data
- You experienced monetary loss or psychological harm as a result.
What Is The Time Limit For Data Breach Claims?
The general time limit for starting a data breach claim is 6 years. When claiming against a public body, this is reduced to 1 year.
For more information on when you could be eligible to make a claim following an estate agent breach of data protection that compromised your personal data, get in touch on the number above.
Personal data is anything that can be used to identify a living person, such as their name, address, email address, credit or debit card details. There are several ways in which this data could be compromised in an estate agent data breach. For example:
- Your estate agent fails to keep a physical file containing your debit card details locked away. This gives access to someone who isn’t authorised. Consequently, money is stolen from your account.
- Despite having your correct email address on file, your estate agent sends an email containing your personal information to the wrong person. As a result, you endure distress and anxiety.
- After moving house, your estate agent sends documents containing personal data relating to your finances to the wrong postal address. Due to this, you have multiple loans taken out in your name, which impacts your credit score.
For more information on when you could be eligible to seek compensation, get in touch on the number above.
An effective way of supporting your personal data breach claim is to gather evidence. This can include:
- Keeping a record of correspondence with the relevant organisation regarding the breach. For example, how it occurred, what personal data of yours was compromised and how it impacted you.
- Having any mental injuries assessed by a medical professional and keeping the respective notes. For instance, a doctor or a therapist.
- Providing evidence of any financial harm sustained via receipts, invoices, bank statements or credit score ratings.
A solicitor from our panel can help you with this process. Please do not hesitate to get in touch with our advisors who could connect you with a solicitor, if you have a valid claim.
After making a successful claim, you could receive a payout that comprises two heads of claim. Firstly, you could receive compensation for any emotional harm that is sustained due to the data breach. For example, you could suffer from anxiety, distress or post-traumatic stress disorder (PTSD). This is referred to as non-material damage.
We have drafted a table of guideline compensation amounts that have been taken from the Judicial College Guidelines (JCG). The JCG is a document solicitors can use to help them value claims. However, these figures should only be used as a guideline. This is because each data breach claim is unique, and your payout may differ.
|Harm||Severity||Guideline Compensation Bracket||Details|
|Psychological damage (generally)||Severe (a)||£54,830 to £115,730||There are considerable issues coping with life, education, work and relationships. The prognosis is very poor.|
|Psychological damage (generally)||Moderately Severe (b)||£19,070 to £54,830||The same issues as the bracket above will remain, but there will be a more optimistic prognosis.|
|Psychological damage (generally)||Moderate (c)||£5,860 to £19,070||A significant improvement of symptoms and a good prognosis.|
|Psychological damage (generally)||Less Severe (d)||£1,540 to £5,860||The payout is based on the length of the period of disability and how badly their life was impacted.|
|Anxiety disorder||Severe (a)||£59,860 to £100,670||All areas of the injured person's life will be significantly and permanently impacted in a negative way.|
|Anxiety disorder||Moderately Severe (b)||£23,150 to £59,860||Symptoms are likely to cause a significant disability for the foreseeable future but there is a better prognosis due to receiving professional help which allowed for some recovery.|
|Anxiety disorder||Moderate (c)||£8,180 to £23,150||A large recovery with any ongoing effects not being majorly disabling.|
|Anxiety disorder||Less Severe (d)||£3,950 to £8,180||The person nearly recovers with only minor symptoms continuing for a longer period.|
Secondly, you could be awarded compensation to reimburse you for any monetary harm that is incurred as a result of the data breach. This is referred to as material damage. It can include loss of earnings that you have incurred due to having to take time off work to recover from the distress the breach has caused you. You should provide evidence of losses, such as payslips.
If you would like a more personalised insight as to how much data breach compensation you could be owed following a successful claim, please speak with an advisor from our team.
You might find it beneficial to seek legal representation via a No Win No Fee solicitor from our panel. They can offer you a Conditional Fee Agreement which is a type of No Win No Fee contract. It allows you to access their services without paying for these upfront, while the claim proceeds or if the claim fails.
If the claim succeeds, a success fee will be taken from your compensation. However, this is subject to a legal cap allowing you to keep the majority of your compensation.
An advisor can also discuss when you could be eligible to claim following an estate agent breach of data protection that has compromised your personal data.
You can get in touch by:
- Calling on 0800 408 7827
- Using our live chat feature at the bottom of the screen
- Filling out our contact form
Here are some of our own guides related to data breach claims that may be able to help you:
- What types of data breaches could you potentially claim for?
- How to claim compensation for a disciplinary records data breach
- A guide to school data breach compensation claims
We have also included further reading that could be useful:
- Data security incident trends – Statistics on data breaches from the Information Commissioner’s Office
- Mental health – NHS guidance on mental health conditions.
- Government Cyber Security Strategy 2022 – 2030 – A guide on how the government is improving cyber resilience.
Thank you for reading this guide on whether you could claim if you have had your personal data compromised in an estate agent breach of data protection. If you still have any questions, please do not hesitate to get in contact using the details provided above.
Writer Beck Perk
Editor Meg Monsoon