Data Breach Compensation Examples – What Could You Claim?

Data Breach Compensation Examples

Data Breach Compensation Examples

Have you suffered harm from a data breach? Are you looking for data breach compensation examples? This article will examine different types of data breach compensation damages as well as provide statistics for data breaches. We will also elaborate on the criteria for making a personal data breach claim and how No Win No Fee solicitors could help you. 

When personal information is breached it cannot only cause financial implications but also have a bearing on a person’s mental health. 

If you believe you have been subjected to a data breach, then get in touch with our advisors today. They are available all day and can determine whether you have grounds for a claim and they may pass it to our panel of No Win No Fee solicitors who can help begin the claiming process. Contact our advisors by: 

Select A Section

  1. Common Data Breach Compensation Examples
  2. Examples Of The Largest Data Breaches
  3. Examples Of Data Breach Statistics
  4. Data Breach Compensation Examples Of Material And Non-Material Damages
  5. What Could You Claim?
  6. Begin Your Claim Today

Common Data Breach Compensation Examples

To understand data breach compensation examples, it would be helpful to break the terms down. A data breach happens when your personal data, as a data subject, has been compromised in a security incident. Personal data is any identifiable information such as:

  • Name
  • Date of birth
  • Email address
  • Home address

The data security incident could involve personal data being altered, lost, disclosed, destroyed or accessed without a lawful basis. Some examples of data breaches can include:

  • An email containing personal data was sent to the wrong email address
  • Lost USBs containing personal medical files on public transport
  • Improper use of Bcc (blind carbon copy)

In situations where data subjects make a successful data breach claim they will have supported their case with evidence that personal data was breached. Also showing how those who should have protected their data failed to take the necessary action and that they suffered harm, financially and/or mentally as a result.

There are two main entities that have a role to play when protecting personal data they handle:

  • Data controllers – They lay out the purpose and means of processing your data.
  • Data processors – An external third party that data controllers use to process your data.

Continue to read for data breach compensation examples and what you could possibly claim. 

Examples Of The Largest Data Breaches

All data controllers and processors are subject to data protection legislation such as the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). They detail the steps a data handler must take when processing data to ensure that it is protected. 

There are 7 key principles as part of data security laws that must be adhered to:

  • Be Lawful, fair and transparent.
  • Purpose limited.
  • Collect only what is needed
  • Be accurate.
  • Retention limit
  • Data should always be secure
  • Accountability.

In cases where data controllers fail to adhere to data security legislation, the Information Commissioner’s Office (ICO) can penalise the companies who have breached data protection legislation. The highest amount that can be fined is £17.5 million or 4% of the total annual worldwide turnover. They will take whichever amount is higher. 

Data Breach Example

Marriott International Inc was fined £18.4 million by the ICO. It was estimated that almost 340 million records containing guest information were affected by a cyber attack in 2014. This specific attack remained undetected for 4 years. Names, email addresses, phone numbers, and unencrypted passport numbers of guests may have been amongst the personal data involved in the attack. The ICO investigation found that technical and organisational measures were not appropriately in place to protect the data.

Although the ICO can fine organisations for breach of data protection laws they can not issue compensation to data breach victims. This is something you must do yourself or with the help of a data breach solicitor.

Read on for more information on data breach compensation examples or contact our advisors for free legal advice.

Examples Of Data Breach Statistics 

The ICO publishes data security trends documenting that 28,369 data security incidents were reported. There were 21,286 non-cyber and 7,083 cyber incidents reported. 

The Health industry accounted for 18.35% of the total reported incidents. The highest amount, whereas politics only consisted of 0.21% of the incidents. 

Data Security Incident Statistics

Below are details of data security incidents reported to the ICO during Q3 of 2021/22:

  • Health 467
  • Education and Childcare 388
  • Retail and Manufacturing 222
  • Local Government 217
  • Finance, Insurance and Credit 185
  • Legal 185
  • Charitable and Volunteering 131
  • General Business 120

Data Breach Compensation Examples Of Material And Non-Material Damages

Compensation for data breaches can divide into two categories, which are:

  • Material damages – The financial damages caused due to your personal data being exposed. 
  • Non-material damages – Includes mental health problems such as paranoia, anxiety, depression and stress amongst other potential psychological distress. 

Contact our advisors for other data breach compensation examples and what you could claim for in your claim. 

What Could You Claim?

The result from the Vidal-Hall v Google case means suffering non-material damages, such as anxiety can be compensated for alone without the need of having suffered financial losses as well. The Judicial College supplies guideline compensation brackets for civil claims which can now be used when valuing injuries caused by data breaches. 

The below table has bracket amounts taken from the JCG for mental suffering: 

InjuryCompensationNotes
Severe mental damage £51,460 to £108,620The claimant will have a poor prognosis as all aspects of the person's life will be negatively affected.
Moderately severe mental damage £17,900 to £51,460Work and social life as well as relationships will be greatly affected. There is a more optimistic prognosis than above if professional help is sought.
Moderate mental damage £5,500 to £17,900Good overall recovery any symptoms that remain should not be too significant.
Less severe mental damage £1,440 to £5,500The amount the persons life is affected and how long the disability lasts will play a major role here.
Severe PTSD£56,180 to £94,470Post traumatic stress disorder as its most severe and a return to pre trauma levels will not be possible.
Moderately severe PTSD£21,730 to £56,180Some recovery can be achieved with the right professional help.
Moderate PTSD£7,680 to £21,730A good recovery will have already been achieved minor symptoms may persist.
Less severe PTSD£3,710 to £7,680A near full recovery within 1-2 years.

Contact our advisors now for more information on data breach compensation claims

Begin Your Claim Today

After reading about data breach compensation examples, you may want to claim. Having a solicitor help with the process of making a data breach claim can make the whole process feel a lot easier. They cannot only gather the relevant information and evidence needed to prove your claim but they can also use the appropriate laws to show who may be liable in your case. 

If you are worried about solicitor fees why not opt for No Win No Fee solicitors who offer their service through a Conditional Fee Agreement(CFA). 

Hiring a lawyer this way requires no upfront cost and you pay no money to your lawyer if your claim fails. Your lawyer will only take a success fee if your claim succeeds. The fee is a lawfully-capped percentage of your compensation that they take to cover their service.

Contact our advisors today and they can help determine whether your claim is valid and they may pass it to our panel of No Win No Fee lawyers who can help start your claim. Get in touch today by:

Read More About Data Protection Breaches

Please see our other informative articles:

How To Calculate Special Damages In Your Injury Claim

What Percentage Do Solicitors Take For No Win No Fee Claims In The UK?

There Was No Witness To My Accident, Can I Still Claim?

Or, these other helpful links:

Understanding Secure Email

Email Marketing Guidelines From The ICO

Personal Data Breaches Guide By The ICO

Contact our advisors for free legal advice about data breach examples and compensation today.