How To Claim Breach Of Data Compensation Under UK GDPR

In this online guide, we will give some breach of data compensation examples. We will also try to show why you may have a valid claim for a data breach. Certain types of data are protected in the UK, from unlawful use or access. A failure to comply with data security and privacy regulations can expose your data. This exposure could, ultimately, see you suffering monetary loss or mental trauma. And in certain circumstances, this could become the basis of a compensation claim.

breach of data compensation gdpr

Due to the unique nature of claims, and the fact this guide only covers the basics, you may have additional questions. If this is the case, our team of advisors can provide you with any additional answers you need. You can contact them on 0800 408 7825, or request a callback using our contact form.

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Breach Of Data Compensation Examples

There are laws in place in the UK, that are intended to ensure that certain types of data are kept private and secure. Generally every organisation that stores and processes this data, is legally obliged to comply with these laws. If compliance fails, this can put data at risk of being accessed or used unlawfully. In the guide below, we will look more closely at these laws.

Breach of data compensation examples would be based on settlements that have been awarded in successful breach of data compensation claims. Since these new regulations and laws around the protection of personal data have been introduced the amount of data breach claims has increased.

Personal Data Under The Data Protection Act 2018 And UK GDPR

The Information Commissioner’s Office (ICO) is the governing body responsible for overseeing compliance with data protection law in the UK. These laws include the UK specific version of the General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Not all information is protected by these laws. Only personal data and special data is protected. We have explained these below.

  • Personal data would be all of the unique, identifying data that relates to you. Such as your name, postal address, date of birth, email address, phone number, bank account details or credit card and debit card information.
  • Special data is all the information that could be exploitable in some way, if uncovered. Such as trade union memberships, genome data, race, religion or sexual preferences.

If we were to look at successfully claimed breach of data compensation examples, they would have generally been based on a breach of these types of data. If you are unsure whether you have valid grounds to make a claim for a data breach, please call our advisors. They can tell you whether you have a potentially valid claim or not.

Examples Of Time Limits For Breach Of Data Compensation Claims

When an organisation that collects personal data becomes aware of a data breach, it must report the breach to the ICO within 72 hours. This is only if it affects the rights and freedoms of a data subject. A data subject is the owner of the personal information that is being processed. If rights and freedoms are affected then the organisation or data control must tell the data subject without undue delay.

There will be a time limit that you must start your claim within. Claims for data breaches should generally start within the following time limits.

  • If the claim was made against a public body the time limit would be one year.
  • For all other claims, the time limit would be six years.

Other factors may affect this time limit. You can call and talk to our team to find out which will apply in your own case.

What Could You Be Compensated For?

Can you be compensated for a data breach? In certain circumstances, yes. Looking at breach of data compensation examples, we find that people could claim for both material and non-material damages in some of these cases.

Material damages are all paid to make up for some form of financial loss. Non-material damages are paid to compensate for facing mental health problems, caused by trauma and emotional distress.

What Is The Average Breach Of Data Compensation Settlement

How much money do you get for a data breach? The table below gives bracket figures that relate to non-material damages. The table does not cover material damages. We have based this table on the guidelines that are produced by the Judicial College. These are used by the legal system to value claims. You might like to try using our compensation calculator as well. This could give you a rough estimate of the value of your claim.

Psychological Issue Notes Severity Compensation
Psychological damage An individual suffering from a severe mental disorder is having a difficult time living a normal life. Patients with these illnesses may find it difficult to function normally due to depression or anxiety. Severe £51,460 to £108,620
Psychological damage It is possible that mental health issues such as anxiety or depression were present at first. The chances of successful recovery are high, however.  Moderate £5,500 to £17,900
PTSD The victim has been diagnosed with a severe form of post-traumatic stress disorder. It will negatively impact many aspects of the victim’s life. There is a possibility a person will be unable to work or maintain their lifestyle in the same way they did before. Symptoms may persist for some time. Severe £56,180 to £94,470
PTSD It is a moderately severe form of post-traumatic stress disorder. When professional assistance and treatment are available, the prognosis for a good recovery is fair. There may, however, be lasting psychological effects. Moderately Severe £21,730 to £56,180
PTSD A moderate degree of post-traumatic stress disorder is present in the victim. However, his or her recovery is likely to be successful. It is unlikely that they will suffer from associated mental health issues that will harm their recovery. Moderate £7,680 to £21,730
Psychological damage The compensation award will also be determined by the duration of the injury, in addition to its severity. Additionally, minor psychological problems are included in this category if they are not linked to another mental health problem. Less Severe £1,440 to £5,500
PTSD Symptoms of post-traumatic stress disorder are less severe in the victim. Mental health issues can take up to two years to resolve, although the majority of symptoms will disappear within one year. Less Severe £3,710 to £7,680
Psychological damage Mental health problems such as new phobias, depression, anxiety, and low self-esteem. In general, compensation awards fall somewhere in the middle of this range, although they can also be very high or very low.  Moderately Severe £17,900 to £51,460

What Can You Claim For As Part Of Breach Of Data Compensation?

The table above gave breach of data compensation examples for non-material damages. In some cases, you may need to claim material damages after a data breach. Consider for a moment, that if a cybercriminal gains access to your data, they may be able to spend your bank balance, make purchases using your cards, etc. This could leave you facing a significant level of financial loss. Loss that in some cases, you may be able to claim for.

You don’t necessarily need to have faced any financial losses to be able to claim non-material damages. There was a case, heard in the Court of Appeal in 2015, that set a precedent for claiming non-material damages only. This case was Vidal-Hall and others v Google Inc. The claimants successfully won compensation, despite only suffering psychological injuries.

Find Out If We Can Help You

If you have fallen foul of a data breach, we may be able to help you find a solicitor willing to work under a No Win No Fee agreement, who specialises in data breach claims. They will assist you in trying to claim compensation, without having to pay upfront fees at all. You also don’t pay your lawyer if the claim fails. If it is won though, you will likely have to pay them a success fee, which is legally limited. You will have pre-agreed the level of this fee before the claim was begun.

If you have any questions related to this guide on breach of data compensation examples, or anything else related to data breach claims, our advisors can help you. You can use the contact information below to get in touch with our team of expert claim advisors. They can help you further.

Telephone: 0800 408 7825

Or use our webchat or contact form.

Additional Resources

Here are a few useful web links.

UK-GDPR In Depth

The Data Protection Act 2018

How To Complain About A Data Breach

And here are links to other guides that might be of use to you.

Human Error Data Breach Claims

Data Breach Compensation Claim Examples

Claiming Data Breach Compensation