How To Claim Compensation If You Have Received A UK GDPR Data Breach Notice Letter

By Jo McKenzie. Last Updated 21st June 2023. This article will explain if you can claim compensation if you received a UK GDPR data breach notice letter.

In the UK, there is legislation called the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) outline the steps that organisations must take to protect the personal data of UK residents.

UK GDPR data breach notice letter claims guide

How To Claim Compensation If You Have Received A UK GDPR Data Breach Notice Letter

These laws are enforced by the Information Commissioners Office (ICO), which is an independent watchdog responsible for data protection rights in the UK. According to the ICO, if a breach occurs that could affect the rights or freedoms of the data subject, the organisation must inform you without undue delay.

To find out if you could claim compensation after a UK GDPR data breach letter informed you of a breach, read on. Or, get in touch with our advisors to find out if you could be eligible to claim:

Select A Section

  1. What Can I Do If My Data Has Been Breached?
  2. How To Claim Compensation If You Received A UK GDPR Data Breach Notice Letter
  3. When Could You Claim Claim Compensation If You Received A UK GDPR Data Breach Notice Letter?
  4. What Could You Claim Compensation For?
  5. What Compensation Could You Get If You Received A UK GDPR Data Breach Notice Letter?
  6. Talk To Us If You Received A Data Breach Notice

What Can I Do If My Data Has Been Breached?

The definition of a data breach is a security incident that could lead to your personal data’s confidentiality, availability, or integrity becoming compromised. Personal data is information that could identify you– for example, your full name or your home address.

Organisations may also have access to special category data. This is a kind of personal data that needs extra protection, because it is sensitive in nature. Special category data can include information such as your religious views, sexual orientation, and health data.

If you suffer a personal data breach, you may wish to make a claim. However, the UK GDPR sets out certain criteria that your claim must meet in order to be valid. This criterion includes:

  • The breach includes your personal data
  • It is a result of wrongful conduct on the part of the data controller or processor
  • You suffer harm because of the breach

Read on to learn more about data controllers and data processors. Or, contact our team to find out if you can claim for a data protection breach.

How To Claim Compensation If You Received A UK GDPR Data Breach Notice Letter

Data controllers and processors have to comply with the steps laid out by the UK GDPR and DPA when handling the personal data of UK residents. If they fail to do so, and this results in a data breach that could affect your rights or freedoms, they must inform you without undue delay. Similarly, the organisation must report the breach to the ICO. This must be done within 72 hours.

Data controllers are organisations that control how your personal data is used, whereas a data processor processes the data by following the controller’s instructions. If you receive a UK GDPR data breach notice letter from a controller or processor, you can make a complaint to the organisation and ask for further information.

Similarly, you can complain about the breach to the ICO. The ICO does not offer compensation to personal data breach victims, and they do not handle claims. However, they are able to investigate potential breaches. Alongside this, correspondence with the ICO can be used to help strengthen your claim.

For more information on how to claim compensation if you have received a UK GDPR data breach notice letter, get in touch with our team.

When Could You Claim Claim Compensation If You Received A UK GDPR Data Breach Notice Letter?

As we have already mentioned, there are certain criteria in place for personal data breach claims. These specifications are set out by the UK GDPR and determine who is eligible to claim following a breach of personal data.

According to these criteria, the breach must be a result of positive wrongful conduct on the part of the controller or processor. For example, if an organisation does not have adequate cybersecurity systems in place, and this allows cybercriminals to steal your personal data, this could be a personal data breach.

Or if human error leads to a letter or email containing personal data being sent to the wrong address. This is also an example of wrongful conduct that could result in a claim.

Our advisors can tell you if you have a valid claim when you get in touch. Alternatively, for more information on claiming compensation after you have received a UK GDPR data breach notice letter, read on.

What Is The Data Breach Claim Time Limit?

In addition to meeting the eligibility criteria to make a personal data breach claim, you need to be aware that there is a limitation period that applies to such claims.

Generally, you will have six years to start your claim. However, if you are claiming against a public body, this time limit is reduced to one year.

If you have any further questions regarding the personal data breach claim time limit, you can contact our advisors. They can also offer you free advice for your potential claim and may also connect you with one of the solicitors on our panel.

What Could You Claim Compensation For?

If you would like to make a personal data breach claim, you may be wondering what you could claim for. There are two heads of compensation that you could claim for in a personal data breach claim: material damage, and non-material damage.

The financial impacts of a personal data breach are addressed through material damage. For example, if a breach compromises your credit card details, and this allows criminals to steal money from your bank account, you could potentially claim these losses back under material damage.

Non-material damage provides compensation for the psychological impacts of the breach. Following a personal data breach, you may experience mental health injuries such as distress, depression, and anxiety.

Read on to learn more about claiming compensation after suffering a personal data breach, or contact an advisor for personalised advice.

What Compensation Could You Get If You Received A UK GDPR Data Breach Notice Letter?

You may wonder how much compensation you could receive if your claim succeeds. The table below features guideline compensation amounts taken from the Judicial College Guidelines (JCG). These amounts refer to non-material damage awards.

Injury Compensation Bracket Notes
General Psychiatric Damages (A) Severe Degree -£54,830 to £115,730 A very poor prognosis and drastic impact in areas of work, education or personal relationships.
General Psychiatric Damages (B) Moderately to Severe Levels – £19,070 to £54,830 Significant similar issues but a better prognosis than cases assessed as above.
General Psychiatric Damages (C) Moderate Levels – £5,860 to £19,070 Improvements by the time the case may be heard in court.
General Psychiatric Damages (D) Less Severe Degrees – £1,540 to £5,860 This bracket reflects the length of injury and the effect of symptoms on daily activities.
Post-traumatic stress disorder (PTSD) (A) Severe – £59,860 to £100,670 Permanent and severe impacts that greatly diminish all areas of life, with no function at the pre-trauma level
Post-traumatic stress disorder (PTSD) (B) Moderately Severe Examples – £23,150 to £59,860 Similar severity to bracket above but improved prognosis after professional treatment.
Post-traumatic stress disorder (PTSD) (C) Moderate Levels – £8,180 to £23,150 Largely a recovery with persisting symptoms being non-disabling.
Post-traumatic stress disorder (PTSD) (D) Less Severe Degree – £3,950 to £8,180 A virtually recovery within 1 – 2 years with other issues past this time frame being minor.

The JCG is a document that helps solicitors, judges, and lawyers when they are valuing compensation claims by providing compensation guidelines. It’s important to note that these amounts are not guarantees of what you could receive; instead, they are simply guideline figures. The actual amount of compensation you may receive can differ.

For a free evaluation of your claim, contact our team of advisors. They can offer more information on claiming compensation following a personal data breach.

Talk To Us If You Received A Data Breach Notice

Our panel of No Win No Fee solicitors could help you start your personal data breach claim with the help of a Conditional Fee Agreement (CFA). When you hire a solicitor under a CFA, this generally means that you do not pay any ongoing fees or upfront costs to your solicitor. You only pay your solicitor a fee if your claim succeeds, in which case they will take a success fee. However, if your claim doesn’t succeed, they won’t take this fee.

To learn more about how a solicitor from our expert panel could help you, get in touch with our advisors. They provide free legal advice and more help when you get in touch:

Related Guides on Data Breach Claims

For more helpful articles, we recommend:

Or, for further resources:

For more information about claiming compensation if you have received a UK GDPR data breach notice letter, contact our team.

Article by EA

Publisher AA