A List Of Data Breach Compensation Amounts

As technology continues to advance, data breaches have become increasingly common and pose significant risks to both individuals and businesses. A data breach happens when someone unauthorised gains access to sensitive information, including personal data like names, addresses, and credit card details and harms the victim. In the event of a data breach, affected individuals may be eligible for compensation to help cover any losses or damages incurred due to the breach. But is there a list of data breach compensation amounts? And if so, where would your claim be on it?

data breach compensation amountsSimply put, no, there is no specific list to refer to. However, there is guidance on data breach compensation amounts, and how they could be calculated.

This guide has been created to assist readers in the UK in understanding the compensation awarded in some of the most notable data breach cases in the country. We will cover different types of data breaches, such as those involving financial information, medical records, and personal data. Furthermore, we will explore how compensation is calculated, the various factors that influence the compensation amount, and how individuals can file a claim if a data breach has impacted them. By the end of this guide, readers will have a better grasp of their entitlements and the potential compensation amount they can receive as a data breach victim.

We also explain how our advisors could help connect eligible claimants with data breach solicitors from our panel that could help them with their claims.

If you would like to speak to an advisor, you can get in touch at any time.

What Is A Data Breach?

In the UK, a personal data breach occurs when an individual’s personal data is unlawfully accessed, disclosed, destroyed, lost, or altered. This data could be anything from a name, address, email, telephone number, date of birth, medical information, financial details, or any other identifying information.

Under the Data Protection Act 2018, organisations are required to protect personal data and inform the Information Commissioner’s Office (ICO) if a breach has occurred. This applies to all companies, regardless of size or industry, that handle personal data. Failing to comply with the regulations can result in severe penalties and fines from the ICO.

If a personal data breach occurs, organisations must inform the ICO within 72 hours and inform the individuals whose data has been affected. The organisation must also conduct an investigation into the breach to identify how it occurred and how to prevent future breaches.

How Long Could Someone Have To Claim?

When a personal data breach occurs, individuals may suffer harm, such as identity theft, financial loss, or emotional distress. The Limitation Act 1980 allows individuals to seek compensation for up to six years after the date of the breach in some situations. However, it’s crucial to act quickly, as the limitation period could be shorter in some cases.

List Of Data Breach Compensation Amounts – What Damages Could Someone Claim For?

If you’ve been the victim of a data breach, you may be entitled to compensation to help cover any losses or damages you’ve suffered. The compensation amount you can receive will depend on various factors, including the type of breach and the harm caused.

In general, compensation for data breaches can be divided into two categories: material and non-material damages. Material damages refer to financial losses or expenses incurred as a direct result of the breach, such as unauthorised transactions on a credit card or the cost of credit monitoring services. Non-material damages, on the other hand, relate to emotional distress or other intangible harms resulting from the breach, such as anxiety or depression.

List Of Data Breach Compensation Amounts Examples

Here, we provide a list of examples for data breach compensation amounts.

  • Medical records data breaches can lead to both material and non-material damages. Material damages could include expenses for medical treatment or the cost of credit monitoring services to protect against identity theft. Non-material damages could include anxiety or emotional distress caused by the unauthorised access of sensitive medical information.
  • Financial information data breaches may result in material damages, such as fraudulent transactions or stolen funds. Non-material damages may include the emotional distress caused by the breach and the fear of identity theft.
  • Police data breaches can also result in material and non-material damages. Material damages may include expenses incurred for legal representation, while non-material damages could include the emotional distress caused by the unauthorised access of sensitive data.
  • Employer data breaches may result in material damages, such as lost wages or benefits. Non-material damages could include anxiety or emotional distress caused by the unauthorised access of sensitive employment information.

In conclusion, the damages someone could claim for after a data breach will depend on the specific circumstances of the breach.

Is There A List Of Data Breach Compensation Amounts I Can Look At?

There isn’t a specific list of data breach compensation amounts in the UK. Compensation claims are assessed on a case-by-case basis. The amount of compensation awarded will depend on the specific circumstances of the breach, such as the type and severity of the harm caused.

However, solicitors handling data breach compensation claims may refer to the Judicial College Guidelines when assessing the appropriate compensation amount for their clients. These guidelines provide a range of compensation amounts for various types of harm caused by personal injury claims, including non-material damages like emotional distress. While they’re not specific to data breach cases, they can serve as a helpful reference point for solicitors when negotiating compensation amounts for their clients.

The Judicial College Guidelines are updated regularly to reflect changes in case law and societal attitudes towards different types of harm. They’re widely used in the UK legal system to provide consistency in the assessment of compensation amounts across a range of personal injury cases.

Compensation Amounts For Psychological Harm

The potential compensation amounts offered by the Guidelines depend on the level of distress experienced by the claimant. For example, severe psychological injury may be awarded between £54,830 to £115,730, while moderately severe psychological injury could result in compensation ranging from £19,070 to £54,830. Moderate psychological injury may result in compensation ranging from £5,860 to £19,070, and less severe psychological injury may result in compensation ranging from £1,540 to £5,860.

It’s important to note that the above figures are only intended to provide a rough idea of potential compensation amounts and are not definitive. The actual amount of compensation awarded will depend on the individual circumstances of the case.

To determine the compensation you may be entitled to, it’s best to consult with a legal professional who can guide you through the claims process. They can assess the specific details of your case and advise on the potential compensation you could receive.

Could Data Breach Solicitors Assist With A Claim?

To claim for a data protection breach in the UK, an individual must be able to demonstrate that they have suffered damage or distress as a result of the breach. This could include financial loss, identity theft, emotional distress, or reputational damage. They also need to prove that the liable party acted wrongfully in exposing their personal data.

A solicitor can help by assessing the strength of the case, gathering evidence, and negotiating with the defendant’s legal team to reach a settlement or take the case to court if necessary. They can also advise on the appropriate level of compensation to seek and ensure that the claim is filed within the legal time limit.

It’s important to note that not all data breaches will result in compensation, and each case will be assessed on its own merits. However, by seeking the advice of a solicitor, individuals can ensure that they have the best chance of successfully claiming compensation for any damage or distress suffered due to a data protection breach.

No Win No Fee Data Breach Compensation Claims

No Win No Fee data breach solicitors can help claimants seek compensation for a data breach without the upfront cost of legal fees. This is made possible through the Conditional Fee Agreements Order, which allows solicitors to work on a claim to receive a capped success fee should the case end in compensation.

Under this agreement, solicitors will not generally charge for their work unless the claim is successful.

To ensure that you are eligible for a No Win No Fee agreement, an advisor can speak to you. They will assess the case and determine whether it meets the criteria for a No Win No Fee agreement. If the case is eligible, an advisor could connect you with a solicitor from our panel.

Why not get in touch today to see if you could claim?

Further Insight On The List Of Data Breach Compensation Amounts

Data Breach Compensation Calculator – Find out how much your claim could be worth.

Stress Due To A Data Breach – Learn about claiming for emotional distress.

Credit Card Data Breach – Learn about the financial impact of a breach.

Identity Theft – The ICO guides this.

Personal Data Breaches – Guidance on what such breaches are.

Health Data – What rights do you have regarding health data? Find out here.