Are you wondering what to do if you suspect a data breach? A personal data breach can have significant negative effects on both your emotional well-being and your finances, and you may wonder what steps you can take next.
What to do if you suspect a data breach – Compensation claims guide
Our informative guide explains what laws protect personal data protection rights for UK residents, as well as what a personal data breach is.
We will also explain how a personal data breach could occur and what evidence you could collect to help strengthen your claim.
If you would like to know what to do if you suspect a data breach has compromised your personal data, our advisors are here to help.
They can answer any questions you may have, and they can also provide free legal advice. To learn more, get in touch:
- Call for a free assessment of your claim at 0800 408 7827
- Contact us online
- Or connect through the live support chat bubble below
Choose A Section
- A Guide On What To Do If You Suspect A Data Breach Has Occurred
- Top Tips On What To Do If You Suspect A Data Breach
- How Can A Data Protection Breach Occur?
- Potential Evidence In Data Breach Claims
- What Is Your Potential Data Breach Payout?
- Why Use Our Panel Of No Win No Fee Data Breach Solicitors To Claim?
- Learn More About What Constitutes A Data Breach
A Guide On What To Do If You Suspect A Data Breach Has Occurred
Two pieces of legislation called the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) are in place to protect the personal data of UK residents. These laws act together to defend the data protection rights of UK residents.
An independent body called the Information Commissioners Office (ICO) upholds these legislations and can issue fines against any data controller or processor that fails to adequately comply. A data controller is a party that establishes how and why they need to use your personal data, and a data processor follows the controller’s instructions to process this data.
Personal data can be any detail that, either on its own or alongside other information, can reveal or infer your identity. This ranges from details such as your full name or email address to more sensitive information known as special category data, which covers your ethnicity, health data and sexual orientation.
If a security incident affects this data and its integrity, availability, or confidentiality, then this is a personal data breach. If this breach is caused by wrongful conduct on the part of the data controller or data processor, and you suffer harm as a result, then you may be able to claim.
To find out if you are eligible to make a claim for compensation, contact our team today.
Top Tips On What To Do If You Suspect A Data Breach
Having a better understanding of what to do if you suspect a data breach or were informed about one might help in your understanding of how to make a claim. With this in mind, below are some tips on what to do if you suspect a data breach:
- The organisation at fault for the data security incident should inform you as soon as possible if the breach impacts your rights and freedoms. But they must also tell the ICO no later than 72 hours after discovery.
- You can also complain directly to the organisation or private company about the suspected breach, and the organisation may then offer more information
- If they do not provide a satisfactory response, you can report a data breach to the ICO. However, wait no longer than three months from your last contact with the organisation to do this.
The ICO cannot provide compensation, nor can they handle your claim. However, they may investigate the breach. Communication with the ICO can also be helpful in proving your claim. Get in touch with our advisors today to learn more.
How Can A Data Protection Breach Occur?
Not every instance of a data protection breach will result in a personal data breach claim. According to the UK GDPR, for your claim to be valid, you must be able to prove that:
- The breach affects your personal data
- It was a result of the controller or processor’s failings
- It caused you to experience harm
If your claim can meet these standards, then you may be able to claim. For example, a GP data breach might arise if an employee sends an email containing information on your medical conditions to the wrong address.
Or, an account data breach could occur if they fail to apply adequate cybersecurity policies, and this allows cybercriminals to access your tax information or pension information.
To learn more about what to do if you suspect a data breach, contact our team today.
Potential Evidence In Data Breach Claims
Collecting evidence can help you strengthen your personal data breach claim. You can collect this yourself or with the help of a data breach solicitor. Some examples of evidence that could help you strengthen your claim include:
- Correspondence with the ICO or the organisation responsible that confirms the breach
- Medical records that show the psychological effects of the breach
- Credit card bills, receipts, or invoices that show proof of financial harm
- Payroll information that can prove a loss of earnings
To find out how a solicitor from our panel could help you gather evidence, contact our advisors today. Or, keep reading to learn more about what to do if you suspect a data breach has affected your personal data.
What Is Your Potential Data Breach Payout?
As well as asking what to do if you suspect a data breach, you may also be wondering how much your claim is worth.
There are two areas of damage that could elicit compensation in a personal data breach claim: Non-material damage is the harm you suffer mentally, and material damage is the harm you suffer financially.
Compensation for non-material damage could cover injuries such as anxiety, depression, or stress. You can check the table below to find out how much compensation you could potentially receive if your claim for non-material damage compensation succeeds.
| Description of Injury | Definition | Severity and JC Guideline Award Bracket |
|---|---|---|
| Psychological & Psychiatric Harm | Cases here mean the impacted person will suffer acute issues in areas of work, education and personal relationships with a poor future prognosis. | (a) Severe - £54,830 to £115,730 |
| Psychological & Psychiatric Harm | Similar long-standing issues to the bracket above that prevent a return to comparable employment. However, a more optimistic prognosis than the above bracket is present. | (b) Moderately Severe - £19,070 to £54,830 |
| Psychological & Psychiatric Harm | A more optimistic prognosis is present after symptoms show an improvement by the time the case may be heard at trial. | (c) Moderate - £5,860 to £19,070 |
| Psychological & Psychiatric Harm | This bracket is indicative of length of injury and the effect on daily activities. | (d) Less Severe - £1,540 to £5,860 |
| Post-Traumatic Stress Disorder (PTSD) | Severe and permanent symptoms affect all areas of life, and remove the ability the function or work at the pre-trauma level. | (a) Severe - £59,860 to £100,670 |
| PTSD | There is a more optimistic prognosis after professional treatment. | (b) Moderately Severe -£23,150 to £59,860 |
| PTSD | A large recovery occurs, with continuing effects not being grossly disabling. | (c) Moderate - £8,180 to £23,150 |
| PTSD | Within 2 years an almost full recovery is achieved, though minor symptoms may persist. | (d) Less Severe - £3,950 to £8,180 |
Please note that the figures above come from the Judicial College Guidelines (JCG), which is a document that provides guideline compensation amounts for various injuries and illnesses. As such, these figures are not guaranteed.
When Can You Recieve Material Losses Compensation In Claim?
Compensation for material damage may cover:
- The lost funds from bank accounts
- Damage to your credit score
- Fraudulent purchases in your name on credit or debit cards
There may be other expenses that arose as a direct consequence of the data breach. Contact our advisors today to learn more about data breach compensation.
Why Use Our Panel Of No Win No Fee Data Breach Solicitors To Claim?
As you consider what to do if you suspect a data breach, working with a legal professional could help. Our team can explain how a No Win No Fee data breach solicitor from our panel could help you start your claim.
Conditional Fee Agreements (CFA) typically offer a way to access legal representation and advice with no upfront fees or costs to pay to your solicitor. If your case succeeds, then you will pay a small success fee to your solicitor. However, if it doesn’t, then you won’t pay this fee.
Get in touch with our team today to learn more about how a solicitor from our panel could help you:
- Call for a free assessment of your claim at 0800 408 7827
- Contact us online
- Or connect through the live support chat bubble below
Learn More About What Constitutes A Data Breach
For more guides surrounding personal data breach claims:
- Some FAQ’s on data breach compensation
- Do you suspect your disciplinary information was breached at work?
- A guide to claims for a data breach at a school
Or, for more resources:
Contact our team for more information on what to do if you suspect a data breach has compromised your personal data.
Writer Jeff Wilders
Editor Cat Hunt