How Do I Claim For An Administrator Data Breach?

In this guide, we will discuss when you may have valid grounds to claim compensation after the occurrence of an administrator data breach involving your personal information. If your personal data is compromised, it could have various negative impacts on your life. For example, you could suffer from financial losses, such as money taken from your bank account due to identity theft. Also, not knowing who has access to your personal data could cause you to suffer emotional distress. 

administrator data breach

How Do I Claim For An Administrator Data Breach?

Continue reading to learn what data protection laws are in place to keep your personal information safe and the criteria of eligibility that must be met for you to bring forward a compensation claim. 

What’s more, we will explain the steps you could take after your personal data has been compromised and the evidence you could provide in support of your claim.   

You can also speak to a member of our team for information and advice regarding the eligibility of your potential personal data breach claim. Our advisors can help you 24 hours a day, 7 days a week and won’t hold you under any obligations to further your claim with us.   

To get in touch: 

Select A Section

  1. Could You Claim For An Administrator Data Breach?
  2. Types Of Data Handled By Administrators
  3. How Could An Administrator Data Breach Impact You?
  4. What Could You Do If An Administrator Breached Your Data?
  5. Calculating Data Breach Claim Payouts
  6. Talk To Us If An Administrator Data Breach Occurs

Could You Claim For An Administrator Data Breach?

There are two central pieces of legislation in place to protect the storage and processing of your personal data in both physical and digital forms. These are:

Alongside one another, they set out guidance and rules that data controllers and processors are required to adhere to when processing and handling your personal data. Controllers have overall power concerning how and why your data is processed, whereas processors are employed to act on their instructions.

Next, we will use the information provided by the Information Commissioner’s Office (ICO), an independent UK body that upholds information rights, to define personal data breaches. These are security incidents impacting the integrity, confidentiality or availability of personal data. They could occur due to deliberate action, such as criminal activity or accidental human error.   

If your personal data is involved in a breach, there are certain eligibility criteria that must be met to claim compensation. The criteria is as follows: 

  • Firstly, the data controller or processor responsible for your personal data failed to adhere to data protection laws. 
  • This led to an administrator data breach involving your personal data. 
  • As a result of the breach, you have suffered from both or either psychological harm and financial damage. 

It is also imperative that you consider the time limits applicable to personal data breach claims. We will discuss this in the following section. 

Limitation Periods To Claim For An Administrator Data Breach

To begin a personal data breach claim, you generally have six years to begin your case. However, if you are claiming against a public body, you will have just one year to begin your claim. 

Please don’t hesitate to get in touch with one of our advisors to seek advice on the time limits in connection with your potential claim. They will also be able to provide you with further insight into whether you could be eligible to make a personal data breach claim

Types Of Data Handled By Administrators

Administrators may handle various types of data. The personal data they could handle regarding staff members or clients may include the following: 

There is also a further category of personal data laid out in Article 9 of the UK GDPR. This is special category data which requires extra protection. This includes data relating to the following:

  • Religious or philosophical beliefs
  • Health data, such as medical records
  • Racial or ethnic origin

Please get in contact with a member of our team to discuss an administrator data breach that has compromised your personal data and caused you to suffer harm. An advisor will provide you with free and confidential advice on seeking personal data breach compensation

How Could An Administrator Data Breach Impact You?

An administrator data breach could impact you in various ways. For example, you could sustain psychological damage, such as: 

  • Anxiety
  • Stress
  • Depression
  • Post-traumatic stress disorder (PTSD)  

This is known as non-material damage. 

Also, you could suffer from material damage, which is any financial loss that results from a personal data breach.

If you have suffered harm due to a personal data breach, please speak to a member of our team to find out whether you could have valid grounds to claim compensation. 

What Could You Do If An Administrator Breached Your Data?

If an administrator data breach has occurred that involves your personal data and puts your rights and freedoms at risk, you should be notified by the data controller without undue delay. Also, the data controller must alert the ICO of this occurrence within 72 hours. 

If you are notified that your personal data is involved in a breach or you suspect that it has been but have not been contacted, there are steps you could take. 

Firstly, you could contact the organisation responsible for processing your personal data directly. The correspondence between you and the controller could be used as evidence to support your case.

Following no response or an unsatisfactory reply, you could then contact the ICO, who may perform an investigation. The findings from their investigation could be used as evidence.   

Please contact our team to discuss your potential personal data breach claim and the steps you could take to seek compensation. 

Calculating Data Breach Claim Payouts

You could receive compensation for the material and/or non-material damage caused by the administrator data breach involving your personal information. 

Firstly, we will provide a guideline compensation table containing compensation brackets for different types of mental harm, including PTSD and general psychological damage. To make this table, we used the Judicial College Guidelines (JCG), which personal data breach solicitors can also refer to when assessing the value of non-material damage. 

Guideline Compensation Table  

Type of Harm Severity of Harm Notes Compensation Bracket Guidelines
Psychological Damage Generally (a) Severe Marked problems coping with education, work, life and relationships. The prognosis is very poor. £54,830 to £115,730
Psychological Damage Generally (b) Moderately Severe Significant problems coping with education, work, life and relationships. The prognosis is much more optimistic than above. £19,070 to £54,830
Psychological Damage Generally (c) Moderate There may have been similar problems as the brackets above, but a marked improvement will be made by trial. The prognosis will be good. £5,860 to £19,070
Psychological Damage Generally (d) Less Severe The length of the period of disability and the level it affects daily activities will be considered. £1,540 to £5,860
PTSD (a) Severe There will be permanent effects. All aspects of the person’s life is negatively affected. £59,860 to £100,670
PTSD (b) Moderately Severe An improved prognosis due to professional help. £23,150 to £59,860
PTSD (c) Moderate The person will largely recover and any effects that persist will not grossly disable them. £8,180 to £23,150
PTSD (d) Less Severe Virtually full recovery in one to two years with only minor symptoms persisting. £3,950 to £8,180

This table is a guide. 

Further Damage You Could Claim For

You could also seek compensation for any material damage resulting from the personal data breach. These are financial losses, which may include: 

  • Money stolen from your bank accounts.
  • Loss of earnings, if you have had to take time off work to deal with the psychological impact of the breach.
  • Damage to your credit score.

It is important to consider the evidence you will require to support a claim for these losses. This evidence can include payslips, copies of your bank records and proof of your credit history. 

Would you like to learn how much compensation you may be eligible to receive for your potential personal data breach claim? Our advisors can provide you with a compensation estimate based on the unique details of your administrator data breach case. 

Talk To Us If An Administrator Data Breach Occurs

Speak to a member of our team at Public Interest Lawyers to find out whether you may have an eligible personal data breach claim. If they find that you may, they could place you in correspondence with one of the No Win No Fee solicitors from our panel. 

A solicitor may offer to work on your data breach claim on the basis of a Conditional Fee Agreement (CFA). This would have the following effects:

  • Firstly, you would not be required to make any payments for the services provided by your No Win No Fee solicitor upfront or during your ongoing claim. 
  • Secondly, there will generally be no payments to be made at any time for the services of your solicitor if your claim does not succeed. 
  • Finally, should your claim be successful, your solicitor can take a small success fee out of the compensation. This is a percentage capped by the relevant legislation. Therefore, a No Win No Fee solicitor will not overcharge you. 

Contact Us

Our advisors are available 24/7 to help determine your eligibility to bring forward a personal data breach claim. 

To get in touch: 

Learn More About Claiming For An Administrator Data Breach

Please explore more of the information relating to personal data breach claims that’s available on our website: 

Also, take a look at the information provided by the following external sources: 

Thank you for reading this guide to when you may have valid grounds to claim compensation after the occurrence of an administrator data breach involving your personal information. If you would like to make any enquiries, please use the contact details provided to get in touch.

Article by EX

Publisher EI