Within this guide, we will discuss how much compensation for a data breach claim could potentially be awarded. We will discuss how compensation is calculated, and the different forms of harm you could claim for following a personal data breach.
Additionally, we will set out the specific eligibility requirements that must be met in order to have a valid data breach claim. We will also discuss the time limits that must be adhered to when beginning the claiming process.
Furthermore, we will explore what evidence could be used to support a personal data breach claim. To conclude our guide, we outline the numerous advantages of working with one of the No Win No Fee solicitors from our panel on your case.
For free advice on your case, or to ask any questions about the claiming process, you can contact a friendly member of our advisory team today. They can be reached by:
- Calling 0800 408 7826
- Contacting us about your claim online.
Jump To A Section
- How Much Compensation For A Data Breach Claim?
- When Can You Make A Data Breach Claim?
- What Is The Time Limit For Claiming Data Breach Compensation?
- Evidence To Support A Data Breach Compensation Claim
- How Much Compensation For A Data Breach Claim Could I Recieve Using A No Win No Fee Solicitor?
- More Useful Resources About Claiming Compensation For A Data Breach
How Much Compensation For A Data Breach Claim?
When making a personal data breach claim, you could be awarded compensation for your non-material damage.
Non-material damage relates to the psychological injuries you experienced due to the personal data breach. For example, you may suffer from anxiety, depression or even post-traumatic stress disorder (PTSD) following a personal data breach.
Those responsible for valuing your claim for your non-material damage may refer to the Judicial College Guidelines (JCG) to help them. The JCG lists compensation guidelines for various injuries, both psychological and physical.
Aside from the first entry, we have used some of these guidelines when producing the following table. Please only use it for guidance.
Compensation Guidelines
| Injury Type | Severity | Award Guidelines | Definition |
|---|---|---|---|
| Very serious psychological impact with financial harm | Very serious | Up to £250,000+ | This settlement comprises of compensation for the very serious psychological impacts and the significant monetary losses they create, including a loss of earnings. |
| General Psychological damage | Severe | £54,830 to £115,730 | A very poor prognosis with the person severely struggling with life and experiencing future vulnerability. |
| Moderately Severe | £19,070 to £54,830 | A better prognosis than severe cases, despite significant problems which still impact multiple areas of the person's life. | |
| Moderate | £5,860 to £19,070 | A significant level of improvement noticed and a good prognosis. | |
| Less Severe | £1,540 to £5,860 | Duration of the disability and the extent to which various activities, such as sleep, were affected will be taken into consideration. | |
| Post-Traumatic Stress Disorder (PTSD) | Severe | £59,860 to £100,670 | Permanent trauma effects that impact all areas of the person's life and stop them from experiencing life as it was prior to the trauma. |
| Moderately Severe | £23,150 to £59,860 | A better prognosis and a degree of recovery is seen after help from a professional A significant disability will still remain for the foreseeable future, however/ | |
| Moderate | £8,180 to £23,150 | A significant recovery is detected with any ongoing issues not being seriously restrictive. | |
| Less Severe | £3,950 to £8,180 | Almost a complete recovery within a 24 month period. Only minimal symptoms persisting after this period. |
Claiming For Material Damage In A Data Breach Claim
You could also receive compensation for any material damage you have suffered due to the personal data breach. Material damage refers to the financial harm you experienced.
For example, you might have needed to take time off work because of the psychological injury you suffered due to the breach and lost income. You may also have had money taken from your bank account if your banking information was compromised in the breach.
To find out the eligibility requirements your case must meet to have a valid claim, you can continue reading this guide. Or, to see how much compensation for a data breach claim you could potentially receive or how to use a compensation calculator, you can contact our advisors.
When Can You Make A Data Breach Claim?
Personal data is any information that could directly identify you or could identify you in combination with other information. This could include:
- Your name.
- National insurance number.
- Home address.
The UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA) sit together as data protection laws. They set out the rules and regulations that organisations must adhere to when they are processing your personal data.
If an organisation were to fail to adhere to data protection laws, this could result in your personal data being breached. A personal data breach is a security incident that affects the integrity, availability or confidentiality of your personal data.
To be able to make a personal data breach claim for compensation, you need to meet the following eligibility criteria:
- The organisation must have failed to adhere to data protection laws, i.e. the Data Protection Act and UK GDPR, resulting in a data breach.
- Your personal data was compromised in this breach.
- Due to the personal data breach, you suffered harm to your mental health or finances.
To see whether you may be eligible to claim data breach compensation, you can contact the advisors on our team.
Does A Data Breach Need To Be Reported To The ICO?
The Information Commissioner’s Office (ICO) is the UK’s independent body that was set up to uphold information rights.
Organisations must report a data breach to the ICO within 72 hours of discovering the breach if they believe that there is a high risk of people’s rights and freedom being compromised.
You could also make your own complaint to the ICO regarding a data breach. However, you must do this within three months of your last meaningful communication with the organisation responsible regarding the breach. If you make this complaint outside of this timeframe, the ICO may refuse to investigate the breach.
It is important to note however, that although the ICO can investigate a breach and implement fines, they cannot award you with compensation.
To see whether you may be able to make a claim if an organisation failed to adhere to data protection law and this, in turn, compromised your personal data, you can contact our advisors.
What Is The Time Limit For Claiming Data Breach Compensation?
In addition to meeting the relevant claiming criteria, you must also ensure that your personal data breach claim is started within the correct time limit.
Generally, you will have 6 years to begin the claiming process if you have a valid data breach claim. However, this time limit is reduced to one year if you are making your claim against a public body.
To see if you have a valid claim and are still within the time limit to begin the claiming process, you can contact our advisors. As well as offering you free advice on your case, they could also help answer any questions you may have about claiming data protection breach compensation.
Evidence To Support A Data Breach Compensation Claim
All personal data breach compensation claims must be supported with evidence. Some examples of evidence you could collect to support your case include:
- Confirmation of the personal data breach – Following a data breach, the organisation responsible may have sent you an email or letter of confirmation that confirms your personal data had been compromised in a breach. This email or letter could be used to support your claim.
- The findings of an ICO investigation if they decide to pursue an investigation of the breach.
- Medical evidence of how the data breach has impacted you psychologically. This could be a letter from a psychologist confirming the psychological injuries you have been diagnosed with, or a copy of your medical records.
- Financial documentation that shows you suffered a monetary loss because of the breach. Payslips could help with proving a loss of earnings, and credit card statements could show any transactions made on that card.
A solicitor from our panel could help you with gathering evidence to support your personal data breach claim. To see if you could be eligible to work with one of them or to see how much compensation for your data breach claim you could receive, you can contact our advisors.
How Much Compensation For A Data Breach Claim Could I Recieve Using A No Win No Fee Solicitor?
If you have a valid personal data breach compensation claim, one of the solicitors on our panel may offer to represent your case. Additionally, they may offer to do so under a Conditional Fee Agreement (CFA).
When working with a solicitor under this type of No Win No Fee arrangement, they can commence work on your claim without the need for any upfront or ongoing service fees. There are also no service fees to pay if the claim fails.
You will need to pay a success fee to your solicitor if they successfully claim compensation for you. This is a legally capped percentage that is taken from your compensation. The legal cap helps to ensure that the majority of the compensation stays with you.
Contact Us
If you are still wondering how much compensation for a data breach claim could you receive, you can contact our advisors. They may also connect you with a data breach solicitor on our panel who could help you with claiming compensation.
Connect with our advisors today by:
- Calling 0800 408 7826
- Contacting us about your claim online
More Useful Resources About Claiming Compensation For A Data Breach
Additional guides by us:
- Guidance on how much compensation for a medical negligence claim and the eligibility criteria your case must meet.
- Guidance on injury at work claims and how a solicitor could help you.
- Advice on making personal injury claims on a No Win No Fee basis.
Some external resources:
- Read about the action taken by the ICO on data breaches.
- Helpful data breach guidance from the National Cyber Security Centre.
- Information on dealing with anxiety from the NHS.
Contact our advisors today to see how much compensation for a data breach claim you could potentially receive.