Could I Claim Compensation If I Got A UK GDPR Data Breach Notice Letter?
If you have received a UK GDPR data breach notice letter, you may wonder if you can claim compensation.
This article will explain the criteria for claiming compensation for a personal data breach. It will also discuss the legislation that is in place regarding data protection.
Please get in touch with us today to see if you are eligible to claim compensation for a personal data breach. If your case is eligible, then a data protection solicitor from our panel may be able to help you make your claim.
To get in touch:
Select A Section
- When Could You Sue After Receiving A UK GDPR Data Breach Notice Letter?
- What Types Of Data Could The Breach Involve?
- What Could You Claim For If You Get A UK GDPR Data Breach Notice Letter?
- Who Could You Sue If You Received A UK GDPR Data Breach Notice Letter?
- Calculating Compensation After Receiving A UK GDPR Data Breach Notice Letter
- How To Make A No Win No Fee Claim For A Breach Of The UK GDPR
Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), data controllers and data processors must take certain steps when handling the personal data of UK residents.
A personal data breach is a security incident that affects your personal data by compromising its integrity, confidentiality, or security. If an organisation suffers a data breach that affects your personal data, and this could affect your right or freedoms, the organisation responsible for the breach must inform you without undue delay, and they must also report the incident to the Information Commissioner’s Office (ICO) within 72 hours.
In this case, you may receive a UK GDPR data breach notice letter. This provides more information, such as what information was involved in the breach and how the breach occurred. If you receive a notice letter, then you may be able to claim.
However, your case must meet the criteria set out by the UK GDPR in order to be eligible. This means you must prove that:
- There was a breach of your personal data
- The data controller or processor’s failings caused the breach
- You have experienced harm due to the breach
To find out if you could be eligible to make a claim following a personal data breach, contact our advisors today.
If you receive a UK GDPR data breach notice letter, the letter should explain what data was breached. A data breach can compromise your personal data, which is information that can be used to identify you. For example, personal data could be your:
A data breach can also affect special category data. This is a kind of personal data that needs extra protection under data protection law because it is sensitive in nature. For example, special category can include:
- Your sexual orientation
- Trade union membership status
- Religious beliefs
- Political views
- Health data
- Biometric and genetic data
For more information on the types of data that could be included in a personal data breach, contact our advisors today. They can provide free legal advice and further help with your claim.
There are two kinds of potential damage you can claim should your personal data breach claim succeed. Non-material damage addresses the psychological effects of the breach. For example, the stress of seeing your personal data compromised could lead to suffering from anxiety, depression, and other mental health illnesses.
Material damage, on the other hand, addresses the financial aspects of the breach. For example, if your debit or credit card details are compromised, and this allows criminals to steal money from your bank account, you may be able to claim this money back under material damage.
Read on to learn more about what you could claim for should you suffer harm due to a personal data breach. Or, get in touch with our team of advisors to start your claim.
Generally, the two entities responsible for your personal data are the data controller and the data processor. The data controller is an organisation that decides how and why they want to use your personal data. A data processor then follows the instructions set out by the controller to process this data.
If either the data controller or the data processor fails to follow data protection law, this could result in a personal data breach. Likewise, if your case meets the criteria set out by the UK GDPR, then you may be able to make a claim.
Our advisors can provide free legal advice and more help when you get in touch.
You may be wondering how much data breach compensation you could claim for a UK GDPR data breach. Below, you can find examples of guideline compensation amounts as shown by the Judicial College Guidelines (JCG). The JCG helps solicitors value claims by providing them with example compensation amounts for a range of physical and psychiatric injuries.
|Type Of Psychological Injury||Details||Bracket|
|Psychiatric Damage||Severe injury. There is a marked impact on this the victim's capacity to cope with work and relationships. There is a poor outlook for recovery.||£54,830 to £115,730|
|Psychiatric Damage||Moderately Severe. The injuries are similar to the case above. However, the prognosis is better.||£19,070 to £54,830|
|Psychiatric Damage||Moderate. By the time of trial improvement will have been seen in symptoms.||£5,860 to £19,070|
|Psychiatric Damage||Less Severe. Accounts for the impact on sleep and daily activities.||£1,540 to £5,860|
|PTSD||Severe. Severe symptoms of PTSD impact all parts of this person's life. They will be left with permanent injuries and will not be able to work or function at the pre-trauma level.||£59,860 to £100,670|
|PTSD||Moderately Severe. This person has been given a better prognosis due to the chance of recovery with professional help.||£23,150 to £59,860|
|PTSD||Moderate. This person should make an almost full recovery, and there should not be any grossly disabling symptoms.||£8,180 to £23,150|
|PTSD||Less Severe. A virtually full recovery takes place, and the only symptoms that continue are minor.||£3,950 to £8,180|
Please note that these figures refer to non-material damage amounts and that they are guidelines only. If your claim goes on to succeed, the actual amount you could receive may differ.
For a free evaluation of what your claim may be worth, contact our advisors today.
You may be wondering if you can hire legal representation to help you with your claim. Our panel of No Win No Fee solicitors may be able to help you if your claim is eligible through a Conditional Fee Agreement (CFA).
Usually, when you hire legal council under a CFA, this means that you do not need to pay upfront fees or ongoing costs to your solicitor. The only fee you pay to them comes if your claim succeeds, and this success fee is taken from your compensation. However, you don’t pay this fee if your claim does not succeed.
Our advisors can tell you if your claim could be eligible when you get in touch today. To enquire about starting the claims process, get in touch:
Related Articles On GDPR Data Breaches
Or, to learn more about personal data breach claims:
- Data Subject Rights Following A Breach Of Data Protection
- Lost Device Data Breach Compensation Claims
- What Is A Psychiatrist Data Breach Compensation Claim?
For more helpful resources:
We hope this guide was helpful if you have received a UK GDPR data breach notice letter.
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