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?
Simply 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.