What Is The Value Of A Data Breach Claim?
If you have had your personal data compromised in a breach, you may wonder whether you could seek compensation as well as what the value of a data breach claim is. This guide will explore the compensation you could receive for different kinds of damage as well as how data breach compensation is calculated.
Additionally, we look into who could potentially make a personal data breach claim and highlight the evidence which can help to support it. We also detail how to report a breach.
Moreover, our guide explores what a personal data breach is and the legislation in place to protect your personal data from being compromised. It will also provide examples of when a breach could happen.
Finally, we conclude our guide by explaining what you can expect if you work with a No Win No Fee data protection solicitor and the benefits of doing so.
To find out more, please read our guide. However, if you would like to discuss your potential claim, you can speak with our team for free. You can reach an advisor in the following ways:
- Call on 020 3870 4868
- Contact us by completing our form with your details.
- Refer to our live chat function to receive free legal advice.
Select A Section
- How Is The Value Of A Data Breach Claim Calculated?
- Who Could Make A Claim For A Breach Of Personal Data?
- Evidence Supporting Your Data Breach Claim
- Examples of Personal Data Breaches
- No Win No Fee Claims For A Breach Of Data Protection
- Contact Us About How The Value Of A Data Breach Claim Is Calculated
Firstly, if your personal information is compromised, you may suffer two forms of damage, such as non-material damage. This kind of damage concerns the emotional harm you may have experienced as a result of the personal data breach. For instance, you may have experienced stress, anxiety, or distress. In some severe cases, you may also have experienced post-traumatic stress disorder.
In order to accurately value this type of harm, solicitors may consult the Judicial College Guidelines. The guideline award brackets that correspond to different types of mental harm in this document can help them. We have included some of these in the table below.
However, the figures are not a guaranteed representation of what you will receive. Your compensation will vary depending on the specific details and circumstances of your claim.
|Psychological Harm||Severe (a)||Notable problems in coping with relationships and work. Alongside this is a very poor prognosis.||£54,830 - £115,730|
|Moderately Severe (b)||Although there have been significant problems affecting the person's work and relationships, there is a better prognosis.||£19,070 - £54,830|
|Moderate (c)||Similar problems to the above brackets have persisted but the person will have made a significant improvement. Alongside this, there is a good prognosis.||£5,860 - £19,070|
|Less Severe (d)||Length of the disability and extent to which it affected aspects of daily life will be reviewed.||£1,540 - £5,860|
|PTSD||Severe (a)||Every area of the persons life is badly impacted. Also, the person cannot function at the same level as before the trauma.||£59,860 - £100,670|
|Moderately Severe (b)||There is a better prognosis as a result of the person receiving professional help. Despite this, the effects will still cause a disability of a significant nature for the foreseeable future.||£23,150 - £59,860|
|Moderate (c)||There may be some ongoing issues that aren't majorly disabling. However, the person will have made a significant recovery.||£8,180 - £23,150|
|Less Severe (d)||A mostly full recovery is made within a couple of years. There may be minor symptoms that persist for longer.||£3,950 - £8,180|
What Other Compensation Could I Receive?
Material damage is another kind of harm you could potentially be compensated for. This relates to the financial losses which you have incurred because of the breach. For example, if your debit and credit card details have been used to approve fraudulent purchases, you may have lost money.
Evidence of such will help to support your claim for material damage. This can include financial documents such as credit reports, and bank statements.
To learn more about what the value of a data breach claim could be if it succeeds, get in touch on the number above.
To begin, personal data is information that can be used to identify you. This can include your name, address, and phone number.
There is also special category data, which requires extra protection, because of the sensitive nature of the information. This includes health data and data relating to your race, ethnicity, or sexuality.
A definition of a breach of data is provided by the Information Commissioner’s Office (ICO) which is the independent body responsible for upholding your rights and freedoms. They define a personal data breach as a security breach that compromises the availability, integrity, and confidentiality of your personal information.
The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) outline the ways in which a data controller and data processor can protect your personal data. Controllers decide why your data is being collected, and processors are usually hired to work on behalf of the controller. If either of these entities does not adhere to data protection laws, this could lead to a breach involving your personal information.
Article 82 of the UK GDPR outlines the criteria that should be met in order to claim compensation:
- A controller or processor failed to adhere to data protection laws.
- This resulted in a breach that compromised your personal data.
- As a result of this, you suffered financial loss or emotional harm.
If you meet the eligibility criteria, please get in contact with an advisor to discuss your next steps as well as how to claim.
When you are beginning a claim, evidence can be useful to support your case.
Firstly, if you become aware of a breach involving your personal information, you can bring this directly to the attention of the organisation responsible.
However, if you are not satisfied with the response that you receive, you can make a complaint to the ICO. The ICO can investigate further into the breach and potentially discover reasons as to why it happened, how it happened, and what data has been breached.
Any copies of emails, letters, or communication with the ICO or the organisation can help to support your claim. Additionally, the findings from the ICO’s investigation could also be used as evidence.
For more information about the steps you can take to report a breach and the evidence you could collect, please speak to our team.
There are various ways that personal data could be breached. For example:
- Wrong email address: A member of staff could send information intended for you to the incorrect recipient, despite them having the correct email address for you on file.
- Wrong postal address: If your records are not updated by a company, despite you providing them with your current postal address, this could lead to letters being sent to an incorrect address. As a result, someone could access your personal information.
- Lost device: If an organisation has failed to put sufficient physical security measures in place, this could lead to personal information entering the public domain after being lost or stolen.
You can call our team today to find out whether you’re eligible to claim. They can also give an estimate of the value of a data breach claim for free. Get in touch using the number above.
If you choose to work with a solicitor from our panel, they could offer a No Win No Fee contract. There are several types, but the one they often provide their services under is known as a Conditional Fee Agreement.
With this arrangement in place, you are usually not expected to pay for your solicitor’s services after an unsuccessful claim. You generally also don’t need to pay for their services while the claim is ongoing or upfront.
Alternatively, a successful claim means a success fee will be taken by your solicitor. This is an amount that will be taken from the compensation you are awarded. However, the amount they can take is restricted by the Conditional Fee Agreements Order 2013.
Discuss Your Case With An Expert
To discuss the value of a data breach claim in more detail, please contact our team. They can also provide you with a free assessment of your claim. If they find it’s valid and has a chance of success, you could be connected with a solicitor from our panel.
For more information, you can get in touch using the following details:
- Telephone us on 020 3870 4868
- Fill out our ‘claim online’ form.
- Use our live support feature to chat online with an advisor.
For more of our helpful data breach guides:
- Data Breach Via Email – How Much Could I Claim?
- How To Deal With A Data Protection Breach
- Data Subject Rights Following A Breach Of Data Protection
Other helpful resources:
- Anxiety Disorder – NHS
- Securing Your Devices – National Cyber Security Centre
- How To Access Information From A Public Authority – ICO
Thank you for reading this guide about the value of a data breach claim. If you have any other questions, please get in touch using the details provided above.
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