If you are interested in making a personal data breach claim, you may be curious about the average compensation for a data breach.
In this article, we will discuss who can make a claim for a personal data breach and will explain how evidence can aid you in claiming. We will also discuss the legislation that protects the personal data of UK residents. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
We will also discuss how compensation is awarded in personal data breach claims and whether or not there is an average personal data breach compensation amount.
If you have any questions that cannot be answered by this guide, or if you would like to access free legal advice, get in touch with our team of advisors today. Should your case be valid, an advisor from our team may connect you with a solicitor from our panel. To learn more:
Select a Section:
- A Guide To The Average Compensation For A Data Breach
- Is There An Average Compensation For A Data Breach?
- When Are You Eligible To Make A Data Protection Breach Claim?
- Evidence That Can Help In Data Breach Claims
- Want To Make A Claim Using Our Panel Of No Win No Fee Data Breach Solicitors?
- Learn More About Data Breach Claims
Before we talk about the average compensation for a data breach, we will discuss some important definitions. A personal data breach is a security incident that affects the security, integrity, or confidentiality of your personal data.
Personal data is any information that can identify you. This can be alone, or with the help of other details. One example of personal data could be your postal address, as well as your email address or phone number.
This also includes special category data, which needs extra security because the data is sensitive in nature. Special category data can include your trade union membership status, your sexuality, and your health data, such as medical records or medical conditions.
However, there are criteria in place that determine who is eligible to make a claim. These will be explained later on in this guide. Read on to learn more about the average compensation for a data breach claim, or get in touch to get started.
Unfortunately, we cannot provide an average compensation payout for data breach claims. This is because every claim is unique, and the circumstances surrounding every case are different. Because of this, the amount of compensation that a claim is worth differs from case to case.
In personal data breach claims, there are two kinds of damage that you could pursue compensation for in a data breach claim: material damage and non-material damage. Material damage refers to financial harm. For example, if a breach of your credit card details are breached, and this causes damage to your credit score and fraudulent charges made in your name, this could be recouped as material damage compensation.
Non-material damage refers to the psychological harm caused by the breach. For example, a personal data breach can cause damage to your mental well-being through anxiety, depression, and distress.
The table below contains figures from the Judicial College Guidelines (JCG), and demonstrates their guideline settlement amounts for various forms of non-material damage.
|Type of Harm||Compensation||Severity||Description|
|Mental Harm||£54,830 to £115,730||Severe||In these cases, the injured person will find it very difficult to cope with life, education, or work. Their prognosis is very poor.|
|Mental Harm||£19,070 to £54,830||Moderately Severe||Symptoms are similar to the case above. However, there will be a much more optimistic prognosis.|
|Mental Harm||£5,860 to £19,070||Moderate||The injured person may have some issues with their life, but this category is specific to those who have made a marked improvement by trial, with a positive road to recovery.|
|Mental Harm||£1,540 to £5,860||Less Severe||This bracket focuses on how long symptoms last, and how they affect sleep and other daily activities.|
|Post Traumatic Stress Disorder (PTSD)||£59,860 to £100,670||Severe||These cases will involve long-term effects that prevent the injured person from working or functioning in a pre-trauma manner.|
|Post Traumatic Stress Disorder (PTSD)||£23,150 to £59,860||Moderately Severe||This category is distinct from the above because of the better likelihood of recovery, which will indicate some recovery with professional help.|
|Post Traumatic Stress Disorder (PTSD)||£8,180 to £23,150||Moderate||This category is for injured people who have largely recovered from their PTSD symptoms. The continuing effects of their PTSD will not be grossly disabling.|
|Post Traumatic Stress Disorder (PTSD)||£3,950 to £8,180||Less Severe||Close to a full recovery will have been made and minor symptoms will persist over a longer period.|
These figures are guidelines and not guaranteed data breach compensation amounts. For a free consultation of your claim, get in touch with our team today.
You could be eligible to make a personal data breach claim if your data has been included in a breach. However, to do so, the breach has to occur due to failings on the part of the data controller or data processor, and you have to suffer.
A data controller decides how and why to use your personal data. Then, a data processor processes this data by following the instructions laid out by the controller.
Keeping these criteria in mind, you may be able to make a data breach claim if:
- Your customer billing information is breached due to an online retailer sending a receipt or invoice to the wrong email address.
- A hospital data breach occurs in which your personal data is shared with an unauthorised third party over the phone.
- Your debit card details are exposed as a result of a cyberattack on an organisation that did not have adequate cybersecurity policies in place.
Read on to learn how evidence can help you strengthen your claim. Or, get in touch to learn more about why there is no average compensation for a data breach claim.
Collecting evidence can be helpful if you intend to make a personal data breach claim. Evidence can help strengthen your claim, and it can also help establish liability. You can collect evidence by yourself or with the help of a solicitor.
Medical evidence can be helpful in personal data breach claims. For example, if you choose to hire a solicitor, they may arrange an independent medical assessment to assess the psychological harm you suffered because of the breach. This report can then help to strengthen a claim for non-material damage compensation.
Evidence for material damage compensation must illustrate the financial losses you suffered because of the breach. For example, this could include bank statements, credit reports, bills, and invoices.
Is There A Time Limit For Making A Data Breach Claim?
It is also important to ensure your claim is started within the correct time limit. Typically, this means that you have six years to start your claim. But, if you are making a claim against a public body, then this falls to one year.
To learn more about making a personal data breach claim, get in touch with our team of advisors today.
A No Win No Fee agreement is an arrangement between you and your solicitor that helps you access legal counsel and provides certain benefits. For example, under an arrangement known as a Conditional Fee Agreement (CFA), if your data protection breach claim is unsuccessful, you generally won’t have to pay a fee for your solicitor’s services.
Therefore, a large benefit of using a CFA is that you don’t have to pay any upfront legal fees to your solicitor for them to begin work on your claim. You must only pay a fee for their legal services at the end of a successful claim, which is known as a success fee.
Get in touch with our team today for free, to find out how using our panel of No Win No Fee solicitors for your data protection breach claim could be beneficial for you. If our advisors think your claim could be valid, they may connect you with a solicitor from our panel. To learn more:
For more helpful guides related to personal data breach claims, we recommend:
- Mortgage broker data breach claims
- Payroll data breach claims
- Top tips for making a university data breach
Or, for more information on data breaches:
Learn more about the average compensation for a data breach by getting in touch with our team today.
Writer Saif Sundry
Editor Cat Hunt