This guide will explore the steps you could take to make a No Win No Fee data breach claim. You may be entitled to compensation if you’ve suffered from a personal data breach that has caused you financial loss or psychological damage. You also must prove that the breach resulted from an organisation’s failings.
We will explore the data protection law in place that sets out an organisation’s responsibilities. Additionally, we will provide examples of data breaches to show how they could occur as a result of an organisation’s failure to adhere to data protection law.
When making a claim, it is important that you gather as much evidence as possible. This guide will highlight some examples of relevant evidence that you could obtain to support your claim and other steps you could take after a personal data breach.
We understand you may wish to seek legal representation but may be concerned about the costs associated with doing so. However, you could work with a solicitor from our panel who could represent your claim under a type of agreement called a Conditional Fee Agreement. We will explore this in more detail throughout our guide.
To contact our team of advisors for more information, you can:
- Call us on 0800 408 7827
- Connect instantly using our live chat
- Send an enquiry by filling out our contact form
Choose A Section
- Guidance On Making A No Win No Fee Data Breach Claim
- The Legal Definition Of A Data Breach
- What Are Examples Of Data Breaches?
- How Much Could I Get For A No Win No Fee Data Breach Claim?
- When Could I Use A No Win No Fee Lawyer?
- Additional Information About Making A No Win No Fee Data Breach Claim
An updated version of the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) sit alongside each other to outline a data controller and data processor’s responsibility to protect your personal data.
Data controllers are individuals or organisations that decide how and why personal data is processed. Data processors process this data on behalf of the data controller. However, a data controller can also process your personal data themselves. Either the data controller or the data processor could be responsible for breaching your personal data.
If they fail to adhere to data protection law, it could result in a breach of your personal information. In cases where you’re caused mental suffering or financial damage, you may be able to seek compensation. You can do so by making a No Win No Fee data breach claim.
Additionally, the Information Commissioner’s Office (ICO) is responsible for upholding the rights and freedoms of a data subject. They also have the power to launch investigations and issue enforcement action against organisations in breach of data protection law. For example, they could issue fines. However, they cannot award data breach compensation.
A data breach is defined as the deliberate or accidental destruction, loss or alteration of personal data. It can also involve your personal data being accessed or disclosed without authorisation.
Personal information is data that can be used to directly identify you. It can also include data that can be used to indirectly identify you when processed in conjunction with other information that can directly identify you. Examples include:
- Your name
- Postal address
- Email address
- IP address
- Phone number
- Car registration
- Bank account details
- Credit or debit card details
Additionally, there is personal information classified as special category data which requires more protection due to its sensitive nature. For example, data relating to your health or ethnic or racial origin or information about a trade union membership could be classed as special category data.
As per data protection law, you have the right to make a No Win No Fee data breach claim if your personal data is compromised due to an organisation’s failings. However, you would also need to prove it caused you harm.
For example, your employer may have failed to keep a physical file containing your disciplinary information locked and secured. As a result, someone without authorisation may have accessed it. This could have caused you stress and anxiety.
Call us to find out whether you’re eligible to claim.
Both physical and digital data can be affected by data breaches in various ways. For example:
- Misuse of Blind Carbon Copy (BCC): A member of staff may have failed to BCC your email address when sending a mass email out to patients. As a result, your email address may have been accessed by people who weren’t authorised. It could also have led them to directly identify you.
- Human Error: A receptionist could leave a file containing your financial information unattended on the front desk rather than filing them away safely or disposing of them correctly. This makes it easy for unauthorised people to steal your personal data. As a result, they could steal your credit card details and take loans out in your name causing you financial loss.
- Verbal disclosure: This can include two medical professionals discussing a patient’s medical records on file within earshot of an unauthorised person. As a result, it could lead to a medical conditions data breach that reveals your health condition to someone who wasn’t authorised.
Contact our team today to find out whether you’re eligible to make a No Win No Fee data breach claim.
How Frequent Are Data Breaches?
The ICO provides an insight into data security incident trends. Between 2019-22, there were 30,541 cyber and non-cyber incidents reported to the ICO. 22,982 of these incidents were cyber-related, and 7,559 were non-cyber.
The Judicial College Guidelines (JCG) show compensation brackets relating to non-material damages. This is the head of claim which compensates for psychological harm such as stress, anxiety and post-traumatic stress disorder (PTSD) caused by the personal data breach. You can claim for this without having to also claim for financial losses.
Legal professionals often use these compensation brackets from the JCG to help them when valuing the non-material damages portion of your settlement. We have used the JCG to create the table below. However, please only use the figures as guidelines because your actual settlement will vary.
|Severe PTSD (a)||£59,860 - £100,670||Permanent effects will prevent the injured person from working and functioning at the same level as before the trauma.|
|Moderately Severe PTSD (b)||£23,150 - £59,860||A better prognosis due to professional help, though significant disability remains for the foreseeable future.|
|Moderate PTSD (c)||£8,180 - £23,150||The injured person will mostly recover, with any continuous effects not grossly disabling.|
|Less Severe PTSD (d)||£3,950 - £8,180||Almost a full recovery can be made within two years with minor persisting symptoms.|
|Severe Psychiatric Injury (a)||£54,830 - £115,730||The injured person struggles to cope with life, education and work with a very poor prognosis.|
|Moderately Severe Psychiatric Injury (b)||£19,070 - £54,830||The prognosis is more optimistic than above. However, cases can still cause significant issues.|
|Moderate Psychiatric Injury (c)||£5,860 - £19,070||Despite the impact on several areas of life, the person will have made a significant improvement and the prognosis will be good.|
|Less Severe Psychiatric Injury (d)||£1,540 - £5,860||Compensation total will depend on the length of time and extent of the effect of the disability. Daily activities and sleep can be affected.|
Alternatively, you could use a data breach compensation calculator which can provide an estimate of how much your settlement could be worth.
Understanding Material Damages
Material damages relate to the financial harm you suffer as a result of the personal data breach. This can include:
- An impact on your credit score which could cause an issue to your finances in the future
- Loss of earnings if you needed to take time off work to recover from the psychological harm caused by the breach
It is important that you keep evidence of financial losses. This can include bank statements, credit score statements and payslips.
For more information on how much your data breach claim could be worth call our team.
When making a No Win No Fee data breach claim with a solicitor from our panel, they can offer to represent your claim under a Conditional Fee Agreement. This means you can access their services without paying any upfront or ongoing fees. You also won’t be charged for their services if your claim fails.
If your claim is successful, you will need to pay a small, legally capped percentage from your compensation. This is called a success fee. However, details of the fee will be outlined in the agreement you sign before your claim proceeds.
If your claim is valid and has a strong chance of success, an advisor from our team could connect you with a solicitor from our panel to represent your case on this basis. For more information, use the contact details below to get in touch.
Ask About Making No Win No Fee Data Breach Claims
Contact our advisors about your potential data breach claim today. To get in touch, you can:
- Call us on 0800 408 7827
- Connect instantly using our live chat feature
- Send an enquiry by filling out our contact form
Below, we have provided additional resources.
- The NHS website offers support if you or someone you know is suffering from PTSD.
- There is guidance available for you regarding data breaches on the National Cyber Security Centre website.
- You can view the information to make a complaint for data protection on the UK government website.
Data Breach Claim Guides
- Data Breach FAQs – Frequently Asked Questions
- Payouts For Mortgage Broker Data Breach Claims
- How To Report A Data Breach
- Payouts For Debt And Arrears Data Breach Claims
- Can I Claim Compensation For A Data Breach?
- Children In Care Data Breach Claims
- A Guide To Police Data Breach Claims
- How To Claim For A Tax Information Data Breach
- 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?
Thank you for reading our No Win No Fee data breach guide. If you need any other information, call our team.
Writer Jess Arrow
Editor Meg Moon