By Lewis Houston. Last Updated 1st November 2023. You may wonder if your personal information is shared without consent does this means a data breach has occurred. Throughout this guide, we will examine what a data breach is, who may be eligible to claim data breach compensation and how damages in claims such as these are awarded. We will also look at valid reasons for your personal data to be shared.
Please get in touch with Public Interest Lawyers today if you are concerned that your personal information has been shared without consent or another lawful basis.
If the incident breaches the UK General Data Protection Regulation, you may be eligible to claim compensation for the harm this has caused you. Moreover, an advisor can speak to you about your ordeal, and if you have a valid reason to claim compensation, our panel of data protection solicitors can handle your claim.
Contact us now to see if you can begin your claim:
- Call our helpline on 0800 408 7825
- Contact us via our online claims form
- Or use our Live Support webchat widget to ask us a question
Select A Section
- When Could You Claim For A Personal Data Breach?
- When Could Personal Information Be Shared Without Consent?
- Personal Data Breach Claims – Do I Need Evidence?
- How Much Compensation Could You Claim If Your Personal Information Was Shared Without Consent?
- Get In Touch Today To Make A No Win No Fee Claim
Personal data is any information that could directly identify you, or could do so in combination with other information, such as your name, home address and national insurance number.
Any organisation that processes your personal data must do all they can to protect it. Additionally, they must adhere to the regulations and rules found within the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), as together they make up data protection laws.
If an organisation fails to comply with data protection laws, this could lead to a personal data breach. This is defined as a security incident where the availability, integrity and confidentiality of your personal data is compromised.
To be able to make a claim for data breach compensation, you will need to prove:
- Your personal data was involved in the breach.
- The breach was caused by the organisation’s failings.
- Due to the personal data breach, you suffered financial loss or mental harm.
In instances where an organisation is sharing personal information without consent in the UK, they must be able to prove that they have a lawful basis for doing so. If they cannot, and you suffer psychological or financial harm due to your personal data being breached, you could be eligible to make a personal data breach claim.
To check the validity of your case, you can contact one of our friendly advisors today.
You may be wondering can sharing my email address without permission in the UK or can personal data be stored without permission be reasons for making a personal data breach claim.
Above we have set out the eligibility criteria for personal data breach claims. However, as well as the criteria being met, you will also need to start your personal data breach claim within the time limitation period.
Generally, you have six years to begin a personal data breach claim. This is reduced to one year when claiming against a public body.
If your personal data was shared without consent or when there was no other lawful basis to do so, get in touch with a member of our team on the number above. They can help you understand whether you’re eligible to seek compensation and how long you have to do so.
If an organisation is sharing your private information without your consent, the UK GDPR breach must be proven. You will need evidence that cannot only highlight that a personal data breach has occurred due to an organisation’s failings but also that you have suffered financial loss or harm to your mental health because of it.
Some examples of the evidence you could use to help support your personal data breach claim include:
- A notice letter – you may have received a notice email or letter informing you that your personal data was breached. This could be used as evidence in your claim.
- Correspondence with the organisation – if you discovered the breach yourself, you could ask the organisation to confirm what personal information was compromised.
- The findings from the Information Commissioner’s Office (ICO) – The ICO are an independent body that upholds data protection laws. You could report a data breach to them, and they may decide to investigate. Their findings could be used as evidence in your claim. However, you must make this report within 3 months of your last meaningful communication with the organisation regarding the data breach.
- Evidence that you suffered financially – a copy of your bank, credit card, or debit card statements could be used for this.
- Evidence that you suffered psychologically – a copy of your medical records stating your diagnosis could be used for this.
To see if you could be eligible to make a personal data breach claim if an organisation has been sharing your private information without your consent, you can contact our advisors.
Your compensation payment can include up to two heads of claim:
- Material damage: compensation for the financial losses and necessary expenses you experienced because of the data breach.
- Non-material damage: compensation for the emotional distress or psychological problems the data breach caused.
You can use the table below as a mental health compensation calculator to help you understand how non-material damage head of a claim is calculated.
The amount of compensation you receive may differ from what is in the table. So if you call our claims helpline, our advisors can estimate how much you could claim.
|Mental Health Injury
|JC Guidelines On Damages
|Factors affecting damages include, how the injury affects relationships, how successful treatment may be and how vulnerable the person could be in the future.
There is a poor prognosis at this level.
|£54,830 to £115,730
|Whilst there are still significant issues with the above factors, there is a better prognosis.
|£19,070 to £54,830
|Damages could fall to the top or bottom of the bracket. The prognosis is more optimistic.
|£5,860 to £19,070
|Damages might look at how long the effects lasted for and what impact there was on sleep.
|£1,540 to £5,860
|Victims have been diagnosed as having a reactive psychiatric disorder caused by a psychological trauma.
The disorder has permanent effects on the person.
|£59,860 to £100,670
|The diagnosis will be accompanied with a better prognosis for making a degree of recovery.
|£23,150 to £59,860
|This person should not suffer any grossly disabling symptoms after recovering.
|£8,180 to £23,150
|The person is almost fully recovered.
|£3,950 to £8,180
The compensation amounts in this table are based on 16th edition guidelines from the Judicial College. The Judicial College updated these guidelines for 2022. The table does not include material damage.
One of the solicitors on our panel who has experience with personal data breach claims could help you with yours, provided you have a valid case. If they agree to take on your claim, they may offer to represent you on a No Win No Fee basis with a Conditional Fee Agreement (CFA).
When making a claim with a solicitor under this arrangement, you will not be required to pay any upfront or ongoing fees for their services. Also, if your claim is unsuccessful, then you won’t be required to pay your solicitor for the work they have done on your case.
If your claim is successful, then a legally capped success fee will be taken from the compensation awarded to you.
Our advisors are available 24/7 if you would like to speak to one about claiming with a No Win No Fee solicitor if your personal information was involved in a data breach. To reach us, you can:
- Call our helpline on 0800 408 7825
- Contact us via our website
- Or type your claims question into our Live Support webchat widget
Here is some information about claiming data breach compensation.
- Data Breach Definition And Compensation Claims Advice
- Can I Claim For A Personal Data Breach Under UK GDPR?
- How To Claim Compensation For A Data Breach
- Can personal information be shared without consent? – a guide from the Information Commissioner’s Office
- Your right to be informed if your personal data is being used – information from the ICO
- A guide to how organisations can share personal information with law enforcement authorities – an ICO guide
If you have further questions regarding whether you can claim should your personal information be shared without consent, call our team today.