You may be asking yourself, ‘what is the value of my data breach claim?’. In this guide, we offer insight into how much compensation you could be entitled to receive if you have a valid claim after being harmed by a data breach.
To begin, we outline the difference between the different kinds of damage you can suffer after a compromise of your personal data, and outline how solicitors may utilise resources when valuing data breach compensation.
Additionally, we explain the criteria you should fulfil to make a claim and highlight the time limitations. Our guide also explores what data could be involved in a data breach and the evidence that can be useful in supporting your case.
To receive an assessment of your circumstances, please get in touch with our team. Our advisors are here to provide guidance on the process of starting your claim.
To speak with our team, please do so using the methods below:
- Talk to us on 0161 696 9685
- Fill out our web form to contact us
- Start a conversation using our live window to start a chat
Select A Section
- What Could The Value Of My Data Breach Claim Be?
- Check What Criteria Affect Data Breach Claims
- Information Covered By The Data Protection Act
- What Do You Need To Show Before Making A Claim?
- Talk To A No Win No Fee Data Breach Solicitor
- Find Out More about How The Value Of A Data Breach Claim Is Estimated
If you are eligible to begin a data breach claim, you could receive compensation for both the material and non-material damage you have suffered.
Non-material damage refers to the emotional harm you have suffered. For instance, you could claim for anxiety due to a data breach. To support this, notes from your GP or therapist will be beneficial in showing the impact the breach has had on you.
If you are wondering, ‘how will the value of my data breach claim be decided?’, solicitors may look to the Judicial College Guidelines for help in the valuing process. This document contains compensation brackets, which can be useful when deciding the appropriate award.
Despite this, the figures in the table below are only for guidance purposes. They are not definite representations of what you will receive, as this is likely to vary depending on the factors of your claim.
|Psychological||Severe (a)||Notable problems in coping with relationships and work which is accompanied by a very poor prognosis.||£54,830 to £115,730|
|Moderately Severe (b)||Problems are significant in coping with employment and relationships with family but there are more elements of optimism in the prognosis.||£19,070 to £54,830|
|Moderate (c)||Problems in coping with aspects of life as mentioned above but the improvement is notable and the prognosis is better than in more serious cases.||£5,860 to £19,070|
|Less Severe (d)||The period of time for which the disability persisted will be considered as well as the impact on daily routines.||£1,540 to £5,860|
|Anxiety Disorder||Severe (a)||Effects are permanent and prevent a return to employment. Every aspect of life is badly impacted.||£59,860 to £100,670|
|Moderately Severe (b)||The prognosis is much better than in more serious cases and there is potential for some recovery through the help of professionals.||£23,150 to £59,860|
|Moderate (c)||The recovery period has largely taken place and the remaining effects are not substantially disabling.||£8,180 to £23,150|
|Less Severe (d)||Recovery is virtually complete within one to two years. Symptoms that persist are less severe.||£3,950 to £8,180|
Further Damages You Could Claim
Material damage is another type of harm you could be compensated for following a data breach. This relates to the financial impact it has had on you.
For example, if you are involved in a debit or credit card data breach, this could mean a breach of your bank information. This could allow someone to access this information, causing you to suffer financial losses when money is taken from your account.
Evidence of this will be advantageous and can include any financial documents, such as bank statements and credit reports to show the damage. For more information about the compensation you could claim, please get in touch with a member of our team.
A data breach is defined by the Information Commissioner’s Office as a security incident that affects how confidential or available personal data is, or impacts it’s integrity. The ICO is an independent body responsible for upholding the freedoms of the public in relation to data protection.
The entities responsible for handling your data are known as controllers and processors. Controllers decide why your data is being collected, while processors tend to be a third party who processes your data on behalf of the controller.
The Data Protection Act 2018 and The UK General Data Protection Regulation are in place to uphold your rights as a data subject. Article 82 of the UK GDPR states that the following conditions need to be met in order for a compensation claim to be valid after a data breach:
- A controller or processor fails to meet the standards set by data breach protection laws, leading to a breach.
- This breach involves your personal information.
- This causes you to suffer financial and/or emotional harm.
To discuss your circumstances further, please get in touch.
How Long After Being Notified Of A Breach Could You Start A Claim?
When you are making a data breach claim, you will usually have six years to begin proceedings. You typically have one year if it is against a public body.
To discuss time limitations in more detail, please get in contact with us to speak with an advisor.
Personal data is any data that can be used to identify a natural person. It can include your name, address, phone number, and email address. It could also be data that can only be used to identify you when it’s combined with other data.
Moreover, special category data is a sub-category of personal data. This kind requires further protection due to the sensitivity of its nature. This includes personal data relating to your race, health or sex life, for example.
A breach could happen in numerous ways. Your employer may share your personal information with other employees who dont have authorisation to know this information. Alternatively, a physical copy of your human resources file could be left on public transport.
Data breaches are in no way limited to employers; for example, a member of staff in a GP surgery may send your information to the incorrect email address, giving an unauthorised person access to your medical information.
To learn more about what personal information is protected under the legislation, and how a breach could occur, please get in contact.
You can only make a personal data breach claim when a data controller or processor causes the breach that resulted in harm. Eligibility to claim is not automatic; in some cases, the data controller or processor might have done all they could to safeguard your personal data, but the breach occurred despite this.
Once a data controller becomes aware of a breach, they should inform the affected individuals without undue delay if the breach poses a threat to their rights and freedoms. They should also bring this to the attention of the ICO.
You can communicate directly with the organisation about the breach, and they may attempt to resolve it with you directly. If you find their response to be insufficient, you can take this to the ICO, provided no more than 3 months have passed since you began to communicate with them.
For more information about how to report a breach of data protection, please get in touch with our team. If they feel you have a valid claim, they could connect you with legal representation.
When beginning the claims process, you may ask yourself, ‘what is the value of my data breach claim?’. If you choose to work with a solicitor, they can be helpful in advising you on how much your settlement could consist of.
Additionally, they could also propose to work on a No Win No Fee basis. This could mean they offer you a Conditional Fee Agreement. These generally mean that if your claim isn’t a success, you will usually not pay for the services that your solicitor has provided.
Alternatively, if you have a successful claim, a solicitor will deduct a success fee. This means they will take a proportion of your compensation. The Conditional Fee Agreements Order 2013 legally caps the percentage that No Win No Fee solicitors can take.
Our Contact Details
To discuss your claim-related questions further, please get in contact with our team. They can offer guidance in relation to beginning your claim and what you can expect.
To reach us, please use the following methods:
- Speak with us on 0161 696 9685
- Complete our online details form to contact us
- Begin a discussion live with an advisor through our chat box
If you began to read this guide wondering, ‘what could the value of my data breach claim be?’, we hope we provided you with sufficient information. If you found our guide helpful, you can read more below:
- How To Claim If A GDPR Breach Caused You Stress
- Claims For Data Protection Breaches In Schools
- Employer Breach Of The Data Protection Act; What Are My Rights?
- Action We’ve Taken – ICO
- Post-Traumatic Stress Disorder – NHS
- About NCSC – National Cyber Security Centre
Written by EM
Edited by FS