In this guide, you will find out how you can use our data breach compensation calculator to estimate how much you could receive in a valid claim. We will also explain what a personal data breach is, and how it can come about.
A personal data breach is a security incident in which the security, integrity, or availability of your personal data is affected.
In this article, we will explain what kinds of compensation you could receive, and how you can estimate your potential award.
Before we begin, you may already wish to speak to our advisors. Request a call back by filling out the form at the top right corner of this page, call directly on 0800 408 7827 or speak to our team using the live chat function that pops up on your screen.
Choose A Section
- Data Breach Compensation Calculator
- Explaining Data Breaches
- What Are Examples Of Data Breaches And When Could I Use A Data Breach Compensation Calculator?
- What Is The Time Limit For A Data Breach Claim?
- Can I Have A No Win No Fee Solicitor?
- Further Guidance On Using A Data Breach Compensation Calculator
Using the 2022 edition of the Judicial College Guidelines (JCG), which solicitors use to help value injuries, we have created a data breach compensation calculator table to detail what you could receive when claiming for psychological injuries. Solicitors refer to psychiatric damage and post-traumatic stress disorder in personal data breach cases as non-material damages.
|Severe Psychiatric Damage||£54,830 to £115,730||The level of award within this bracket is influenced by several factors, including the impact on your relationships with your family and friends.|
|Moderately Severe Psychiatric Damage||£19,070 to £54,830||The prognosis will be much better compared to the above bracket, however you may still struggle to cope with aspects of your life.|
|Moderate Psychiatric Damage||£5,860 to £19,070||There might be an impact on your ability to work and you may have problems maintaining relationships in your life.|
|Less Severe Psychiatric Damage||£1,540 to £5,860||You might be unable to sleep and other daily activities will be negatively affected.|
|Severe Post-Traumatic Stress Disorder||£59,860 to £100,670||Your working life will be detrimentally affected and other aspects of your life are badly affected.|
|Moderately Severe Post-Traumatic Stress Disorder||£23,150 to £59,860||Professional help may be required to improve the prognosis, however symptoms may persist.|
|Moderate Post-Traumatic Stress Disorder||£8,180 to £23,150||A recovery will have been made while ongoing symptoms are not too intrusive.|
|Less Severe Post-Traumatic Stress Disorder||£3,950 to £8,180||Only minor effects continue after a two year period.|
Please note that the figures we provide in our data breach compensation calculator are just guidelines and do not represent what your final settlement could be if your claim is successful. Compensation brackets from the JCG are based on previous court cases.
What Makes Up A Data Breach Claim?
While our data breach compensation calculator depicts what you might get when claiming for non-material damage, it is also possible for you to claim for financial losses that have stemmed from your data breach. We refer to this head of claim as material damages. For example, data breaches might affect your credit score, or lead to money being stolen from your bank account.
Following the ruling of the Court of Appeals case Vidal-Hall & Others V Google Inc. , you may now claim for non-material damages even if you have not suffered any financial losses. You can now claim for both damages or either.
Our advisors can offer you a free consultation to help you understand what you could claim. They may also connect you to our panel of solicitors should your claim be valid.
The Information Commissioner’s Office (ICO) ensures that organisations and individuals comply with the data protection laws set out by the UK GDPR and the DPA.
Data controllers decide the purposes and means of personal data processing. They often process their own data. However, a separate organisation known as a data processor can sometimes carry out the processing of personal data under the instruction of the data controller. Data processors and controllers must comply with the following principles of UK GDPR:
- Lawfulness, fairness and transparency: Organisations that collect personal data should clearly state why it is being collected, and how it will be used, to the data subject.
- Purpose limitation: Data controllers should only collect information for legitimate reasons.
- Data minimisation: The data that organisations collect should be limited to what is necessary.
- Accuracy: Data must be relevant and updated accordingly.
- Storage limitation: Organisations should get rid of data when it is no longer needed.
- Integrity and confidentiality: Necessary security measures should be in place to protect personal data.
- Accountability: It is important that organisations show compliance with the UK GDPR.
Organisations that do not comply with the UK GDPR may be found to have engaged in positive wrongful conduct should a data breach occur. For example:
- An organisation does not regularly update its cyber security system, paving the way for phishing attacks or ransomware threats
- Paperwork or hardware containing personal data is not securely stored, leading to personal data being stolen or lost
- Employees aren’t trained on how to use email systems, meaning they may fail to use BCC in emails and allow others to see the thread of messages containing personal data
Recent ICO Statistics
Recent statistics from the ICO reveal that there were 28,369 reported data security incident trends in quarter four of 2021/2022. Out of those incidents, 1,696 were non-cyber whilst 476 were cyber. The health sector was affected most by data security incidents, closely followed by the education and childcare sector.
If you can prove that positive wrongful conduct on the part of the data controller or processor has led to a personal data breach in which you suffered financial loss or mental harm, you may be able to claim. Our advisors can offer free legal advice with no obligation to use our services.
Our data breach compensation calculator can be used in cases where, as a result of a personal data breach, you were impacted financially or psychologically. In this section of the guide, we will go through some example scenarios of how a data breach might occur through human error:
- Data is sent to an unauthorised recipient: An organisation may accidentally send your personal data to the wrong recipient. This could happen if you had requested to change your address, but the data processor failed to update their records.
- A failure to redact information: Documents may be redacted to protect information that is considered sensitive or confidential. For example, police may redact a witness’s name from a criminal report. If personal data is not redacted before documents are shared, this could result in a personal data breach.
Our advisors can talk you through our data breach compensation calculator and clarify who could be responsible for your data breach.
Under the Limitation Act 1980, data breach claims should generally be filed in court within six years. If you fail to comply with the relevant limitation period, you could risk invalidating your claim.
You might be unsure of the time limit that applies to your case; however, our advisors are here to help you. Connect to our team instantly using our live chat feature.
If you have suffered financial or psychological harm as a result of a personal data breach caused by wrongful conduct, you may be able to make a claim.
Therefore you might consider seeking legal representation. You do not need legal representation to make a claim, but the guidance and knowledge of a data breach solicitor can make the claims process seem less daunting.
A No Win No Fee agreement is a way to fund legal representation without the traditional financial risks, as you’ll only pay your solicitor a legally capped fee if your claim is successful.
Get Advice About Using A Data Breach Compensation Calculator
Our advisors can put you in touch with a No Win No Fee data protection solicitor from our panel, but you must have a valid claim. For a free consultation, fill out the form at the top of this page to request a callback. Otherwise, you may:
As we come to the end of our guide on how to use our data breach compensation calculator, we want to share some additional resources with you.
How to respond – The ICO advises you on how to respond to a data breach.
Mental health – NHS guidance on mental health conditions.
Government Cyber Security Strategy – How the government is improving cyber resilience.
Other Data Breach Guides
- How Much Could My Data Breach Claim Be Worth?
- Payouts For Mortgage Broker Data Breach Claims
- How To Report A Data Breach
- How To Claim For A Medical Conditions Data Breach
- Payouts For Debt And Arrears Data Breach Claims
- Can I Claim Compensation For A Data Breach?
- How To Claim For A Disciplinary Information Data Breach
- Children In Care Data Breach Claims
- A Guide To Police Data Breach Claims
- Trade Union Membership Data Breach Claims
- How To Claim For A Tax Information Data Breach
- Credit Score Data Breach Claims
- No Win No Fee Data Breach Claims Explained
- Can I Claim For A Disciplinary Records Data Breach?
- What Is A Data Protection Breach?
- Can I Claim For An Accountant Data Breach?
- Medical Records Data Breach Claims Explained
- NHS Data Breach Compensation Claims Guide
- Could I Claim For A Sexuality Data Breach?
We hope you now understand how our data breach compensation calculator can benefit you.
Publisher Ruth Vernon
Writer Lewis Julius