How To Deal With A Data Protection Breach?

There are several pieces of data protection law that sets out an organisation’s responsibility to protect your personal data. However, in some cases, they might fail to uphold their responsibility causing your personal data to be compromised. This guide will explore how to deal with a data protection breach.

how to deal with a data protection breach

A guide on how to make a data protection breach claim

A version of the Data Protection Act 2018 that was updated following the UK’s exit from the European Union and the UK General Data Protection Regulation (UK GDPR) set out the ways in which organisations should protect your personal data. A breach of data protection law as a result of an organisation’s wrongful conduct could cause you financial damage or psychological harm, such as stress due to a data breach. In these cases, you may be able to seek compensation for the damages. 

In this guide, we will explore what your settlement will comprise and the evidence you could provide in support of your claim. We will also look at your additional rights following a breach of data protection.

If you need any additional information, we have advisors on hand to help. They can discuss your potential claim. If they find your claim has a chance of success, they could put you in touch with a data protection solicitor from our panel.

You can get in touch via:

  • Website – Use our online contact form.
  • Phone – 020 3870 4868
  • Live chat – Speak with an advisor using the function below.

Select A Section

  1. How To Deal With A Data Protection Breach – Find Out What A Data Breach Is
  2. Reporting A Breach Of Data Protection
  3. Check To See If You Have Received Any Suspicious Messages
  4. How To Deal With A Data Protection Breach – Checking The Claims Time Limit
  5. Examples Of Compensation Amounts For Data Breaches
  6. Check How To Deal With A Data Protection Breach

How To Deal With A Data Protection Breach – Find Out What A Data Breach Is

A personal data breach is when your personal data is accidentally or unlawfully disclosed, altered, lost, destroyed or accessed without authorisation. 

Data breaches can happen to anyone and can occur for many reasons, such as human error or poor cyber security. Additionally, examples of the personal data that could be compromised can include:

  • Name
  • Postal address
  • Date of birth
  • Email address
  • Phone number
  • Bank account details
  • Debit and credit card details

Following a personal data breach that has occurred as a result of an organisation’s failure to comply with data protection laws causing you psychological or financial damage, you may be able to claim. There are steps that you can take to strengthen your case such as contacting the data controller (the organisation that has processed your data) and keeping any correspondence as evidence in your case. We have explored more about how to deal with a data protection breach in the section below.

Reporting A Breach Of Data Protection

You may be curious about how to report a breach of data protection. In some cases, you could report the breach to the organisation themselves if you have concerns about your personal data. Additionally, you could report the incident to the Information Commissioner’s Office (ICO).

The ICO is a non-departmental government body that takes steps to ensure organisations are adhering to data protection law. Additionally, they can launch investigations and take enforcement action, such as issuing monetary fines if they find an organisation was responsible for a personal data breach. 

Organisations also have a responsibility to report certain personal data breaches to the ICO. This includes where a person’s freedoms and rights have been affected as a result of the personal data breach. They must do this within a minimum of 72 hours.

Additionally, organisations must inform you of a personal data breach if your freedoms and rights have been affected. They must do this without undue delay.

To find out more information about the process of reporting a breach of data protection, you can get in touch with our advisors today.

Check To See If You Have Received Any Suspicious Messages

If you suspect that your data has been breached because you are receiving messages, emails, letters or phone calls that do not seem legitimate it may be wise to contact the organisation you think could have neem involved in a data breach. An organisation should respond by telling you if your data has been exposed, what data was involved and how they plan to deal with the issue. 

The ICO recommends taking these steps to protect your personal data:

  • If you don’t recognise the sender, be wary of opening any attachments in emails
  • Check you know who you are dealing with before disclosing any personal information
  • Act with caution if anyone asks for details of your bank account, credit card or password

Generally, if you are suspicious after receiving a message, it is important to check whether it is legitimate. For example, if you are sent an email from your bank informing you that something might be wrong with your account and you need to provide them with certain details. In these cases, you could ring your bank to check before disclosing any information. 

For more information, get in touch with us today. Our advisors are ready to help you with your claim. This service is available 24/7, so you can ask any questions you need to ask about your potential claim.

How To Deal With A Data Protection Breach – Checking The Claims Time Limit

There are time limits when it comes to making a personal data breach claim. Generally, you will have 6 years or 1 year if you’re making a claim against a public body.

For more information on the time limit that might apply to your claim, you can talk with one of our advisors today. They can provide you with guidance on how to proceed with your claim. Additionally, they could provide information on the steps you can take to deal with a data protection breach claim.

 Examples Of Compensation Amounts For A Data Breach

Following a successful data breach compensation claim, the settlement you receive may comprise material damages and non-material damages. Each of these compensates for the different impact the personal data breach had on you. For instance:

  • Material damages: These seek to reimburse you for any financial losses caused by the breach of your personal data. For instance, your credit card details may have been stolen resulting in ongoing financial issues. If you have evidence, such as credit card statements, you could claim any costs associated with the breach back.
  • Non-material damages: This is compensation awarded to cover any psychological injuries that may have arisen due to the breach of your personal data. 

We have presented a table with a selection of psychological injuries and their corresponding compensation brackets from the Judicial College. It is important to note that the brackets listed are a guideline and the amount you actually receive can vary depending on different factors. For example, the severity of your injuries, how long you have suffered those injuries and the lasting impact that they have had may be considered.

The table below contains information from the 16th edition of the JCG, which was published in 2022. 

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Types of psychological illnesses Compensation Bracket Description of illness
Severe PTSD £59,860 to £100,670 The individual will suffer from permanent effects that impact all areas of their life.
Severe PDG £54,830 to £115,730 Individual will experience a great impact on various aspects of their life, including work and education.
Moderately Severe PTSD £23,150 to £59,860 There will be a better prognosis for cases in this bracket than more severe instances of PTSD.
Moderately Severe PDG £19,070 to £54,830 There will still be significant problems but with a better prognosis than more severe cases.
Moderate PTSD £8,180 to £23,150 An almost full recovery, with lingering effects of PTSD that are not hugely disabling.
Moderate PDG £5,860 to £19,070 The person will have made a huge improvement and their prognosis will be good.
Less Severe PTSD £3,950 to £8,180 The person will have made a mostly full recovery within a couple of years and any symptoms that do continue will be minor.
Less Severe PDG £1,540 to £5,860 Several factors will influence the award such as how long the person suffered.

For a free estimate of how much your claim could be worth, you can contact us today. 

Check How To Deal With A Data Protection Breach

If this guide has been informative to you, and you want to seek out more information about data protection breach claims, you can contact us today. We have advisors that offer free advice and guidance on how to deal with a data protection breach claim.

In addition, they could provide you with a solicitor from our panel to represent your case. They can offer No Win No Fee arrangements.

A Conditional Fee Agreement (CFA) is a form of a No Win No Fee arrangement, meaning that if your case is unsuccessful then you wouldn’t have to pay a success fee. If your claim is successful, the success fee is paid out of your compensation. The fee is subject to a legal cap.

You can get in touch to find out more via:

  • Website – Use our online contact form.
  • Phone – 020 3870 4868
  • Live chat – Speak with an advisor using the function below.

Find Out How To Deal With A Data Protection Breach Claim

This section includes some additional resources you may find helpful.

If you need any additional information about how to deal with a breach in a data protection claim, you can contact us today.