Can You Get Compensation For A Data Breach?

In this guide, we will explore the question ‘Can you get compensation for a data breach?’. There are a set of requirements that need to be fulfilled in order to make a personal data breach claim. We will explore these in more detail later on in our guide.

can you get compensation for a data breach

Can You Get Compensation For A Data Breach?

Additionally, we will explore what personal data is, how it could be breached, and the impact this could have on you. Furthermore, we will discuss the legislation that outlines the responsibilities certain parties have to protect your personal data.

You will also find information on data breach settlements, including what they could consist of and how they are calculated.

Finally, we will look at when you could be eligible to work with a No Win No Fee solicitor from our panel and the services they could offer you.

Moreover, we detail how solicitors usually calculate compensation in addition to differentiating between the kinds of damage you can suffer.

Furthermore, we conclude our guide by explaining how a No Win No Fee agreement works if you are to work alongside a solicitor. 

To learn more about seeking data breach compensation, please get in touch with an advisor from our team. You can:

Select A Section

  1. Can You Get Compensation For A Data Breach?
  2. What Data Breaches Can You Get Compensation For?
  3. Evidence To Support A Data Breach Claim
  4. How Much Can You Get In Compensation For A Data Breach?
  5. Why Contact UK Law About Getting Compensation For A Data Breach?
  6. Additional Data Breach Claim Resources

Can You Get Compensation For A Data Breach?

In order to make a personal data breach claim, you need to prove the following:

  • A data controller or processor did not adhere to data protection laws.
  • Due to their wrongful conduct, a breach involving your personal data occurred.
  • You experienced emotional harm, financial loss, or both as a result.

There are two pieces of legislation that govern how data controllers, those who set the purpose for processing, and data processors, those who act on behalf of the controllers, must protect your personal data. This is the Data Protection Act 2018 and the UK General Data Protection Regulation. A failure to adhere to data protection laws could lead to a personal data breach. A security incident affecting the confidentiality, integrity, and availability of your personal information can be defined as a personal data breach.

Personal data is information that can be used as a way to identify you. This can be your name, address, mobile phone number, and email address. Special category data is another form of personal information that requires more protection in its processing due to the sensitive nature of the information. This includes information concerning or revealing your sexuality, race, political opinions, health, and trade union membership. 

If your personal data has been breached, and your claim meets the criteria laid out above, you may be able to seek compensation. However, you also need to ensure your claim is started within 6 years. This is the general time limit for data breach claims. It can be reduced to 1 year when the claim is being made against a public body.

For more information on whether you could be eligible to make a claim for data breach compensation and how long you have to do so, speak with an advisor by calling the above number.

What Data Breaches Can You Get Compensation For?

There are various types of data breaches, including those caused by human error and those resulting from a cyber security incident. However, it is not always possible to seek compensation following a data breach. You need to ensure the criteria laid out in the above section have been met in order to do so. 

Examples of how a personal data breach could occur include:

  • Data breach via email or via text message: This could occur if the wrong email address or phone number was used, despite an organisation having the correct contact information for you on their system.
  • Failure to redact: Your personal data, such as your home address, may not be removed from a document before it is shared with other parties. 
  • Misdelivery of data: Your information may be sent to the wrong postal address due to a company not updating its client records. 
  • Stolen paperwork: A company may not store physical copies of data securely. For example, a file containing your personal data may be left open on a desk allowing an unauthorised party access. 
  • Lack of cyber security: An organisation may fail to keep their online security systems up to date resulting in a ransomware attack in which your personal data is stolen.

To discuss your specific case and find out ‘can you get compensation for a data breach?’, call an advisor using the number at the top of the page.

Evidence To Support A Data Breach Claim

There are several pieces of evidence that could help you to support your personal data breach claim, including:

  • Correspondence, such as letters or emails, between you and the organisation. This could provide details on the nature of the breach and what data of yours was compromised.
  • Medical records, such as reports detailing the psychological effect the breach has had on you. For example, you may have been caused anxiety or distress due to a data breach.
  • Documentation showing any monetary damage, such as bank statements or credit card statements.

If you are finding it difficult to gather evidence and build your case, you may find it beneficial to work with a solicitor from our panel. They have experience handling data breach claims and could assist you in seeking compensation, provided you have a legitimate case. To learn more about how they could help, get in touch using the number at the top of the page.

 How Much Can You Get In Compensation For A Data Breach?

Data breach settlements awarded for successful claims could consist of compensation for:

  • The psychological harm you experienced due to the personal data breach. This is referred to as non-material damage and can include anxiety and post-traumatic stress disorder as well as stress and distress. It can also include mental health problems made worse by the breach.
  • The financial damage you experienced due to the personal data breach. This is referred to as material damage and can include money stolen from your bank account, loans taken out in your name using your credit card, and an impact on your credit score.

In order to value your psychological injuries, solicitors can use the Judicial College Guidelines as it contains a list of guideline award brackets. We have included some of these figures in the table below. However, you should only use them as a guide because they are not necessarily reflective of what you will be awarded should your claim succeed.

Compensation Guidelines

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Harm Severity Details Guidelines For Compensation
Psychiatric Damage Severe (a) The prognosis is very poor in nature and the person has marked problems coping with different aspects of life. £54,830 – £115,730
Moderately Severe (b) Problems coping with different aspects of life are significant but there is a more optimistic prognosis. £19,070 – £54,830
Moderate (c) There is a significant improvement and the accompanying prognosis is good. £5,860 – £19,070
Less Severe (d) The effect on daily routines will be considered as well as how long the disability has persisted. £1,540 – £5,860
Post-Traumatic Stress Disorder Severe (a) Every part of the persons life is badly impacted. £59,860 – £100,670
Moderately Severe (b) The prognosis is better than cases in the above bracket due to professional assistance. £23,150 – £59,860
Moderate (c) The recovery has significantly taken place and the remaining effects are not greatly disabling. £8,180 – £23,150
Less Severe (d) Recovery is essentially complete within one to two years. Symptoms remaining are minor. £3,950 – £8,180

For more information on the data breach compensation you could be owed, contact an advisor via the number at the top of the page.

Why Contact UK Law About Getting Compensation For A Data Breach?

If you are eligible to begin a claim following a breach of your personal data, you could choose to work with a solicitor from our panel. Their experience with claims similar to your own could be useful during the proceedings.

Additionally, they may put forward a Conditional Fee Agreement which means that they would be working on a No Win No Fee basis. This usually means that if your claim is unsuccessful, then you will not pay your solicitor for their services. You also won’t pay for their work upfront or as your claim proceeds.

Alternatively, if your claim is successful, your solicitor can deduct a success fee. The percentage they can take is restricted by the Conditional Fee Agreements Order 2013.

Contact Us

If you would like to talk about your potential claim in further detail, please get in touch with our team. They are available to provide answers to your queries and can offer guidance in relation to your case. 

For more information, you can:

Additional Data Breach Claim Resources

More of our guides are below: 

External sites that may be useful: 

We hope this guide has answered your question ‘Can you get compensation for a data breach?’. If you have any other questions, please get in touch using the contact details provided above.

Writer RS

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