By Stephen Hudson. Last Updated 20th May 2025. This guide will look at how a court case data breach can happen and when you can claim data breach compensation. Moreover, we will look at a figurative case study to show how a claimant could experience emotional distress after a court compromised their personal data.
This guide will also look at the responsibilities a data controller and data processor has to protect your personal data.
A data controller decides how and why they will process your personal information. A data processor acts on behalf of the controller. Also, a controller can process the personal data themselves.
4.8 (466 reviews) We will explore the steps you can take if a data controller or processor fails to uphold the responsibility they have.
To see if you can claim compensation for data breaches that occur in court, you can speak to an advisor. To get in touch:
- Call us on 0800 073 8804
- You can contact us online by completing a callback form.
- Use the live chat feature below
What Is A Court Case Data Breach?
A personal data breach involves a security incident that affects the confidentiality, availability or integrity of your personal information.
Under the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA), data controllers and data processors have a responsibility to protect your personal data.
As part of their responsibilities, they could have strong administrative practices and train their employees in proper data management to prevent breaches. Moreover, organisations should have adequate and up to date security measures in place to prevent data breaches.
If an organisation fails to do so, it may have breached the UK GDPR. If this breach leads to your personal data becoming compromised and causes you harm or loss, you may be eligible to seek compensation by making a court case data breach claim.
For example, you could experience financial losses or emotional distress or an impact on your mental health. The compensation awarded can account for the ways in which the personal data breach has affected your life.
Types Of Data Handled By Courts
Personal data is information that identifies an individual—for example, first name and surname, postal address, email address and date of birth. In a court case, the court and other parties may handle case-specific information, such as information about a crime that was committed or injuries a victim suffered. As such, having information about a court case breached can be distressing.
Under the UK GDPR, extra protection is given to criminal offence data. This is information about offenders or suspected offenders relating to offences, criminal convictions or related security measures.
In addition, the UK GDPR gives extra protection to special category data, which can include information relating to a person’s:
- Racial or ethnic origin
- Political opinions
- Trade union membership
- Biometric or genetic data
- Philosophical or religious information
- Health
If an organisation fails to protect the personal data that they process, causing it to become compromised, you may be able to claim compensation. If you have experienced financial losses, or psychological distress as a result of this, get in touch with our advisors for a free eligibility assessment today.
How To Claim For A Court Case Data Breach
You may be wondering what your rights are if your personal data has been lost or compromised in any other way. Article 82 of the UK GDPR gives those affected by a personal data breach that was caused by an organisations failings the right to seek compensation.
To do so, you can take several steps, such as gathering evidence. This can include communication you have had with the organisation about the breach. They should let you know about the breach without undue delay if it’s affected your rights and freedoms.
Evidence can also include findings from an investigation conducted by the Information Commissioner’s Office (ICO). The ICO are responsible for upholding the rights and freedoms of data subjects. Organisations should report a breach to them within 72 hours if it has affected the rights and freedoms of a data subject. They may investigate the breach. However, they cannot award compensation.
Please contact us today to see if you are eligible to make a court case data breach claim.
Time Limit For Starting A Court Case Data Breach Claim
All personal data breach claims must be made within the relevant time limits. If you meet the eligibility criteria to make a personal data breach claim, you will generally have 6 years to start legal proceedings. However, if you are making your claim against a public body, this time limit is reduced to 1 year.
One of the benefits of making a personal data breach compensation claim with a solicitor is that they can ensure your claim is filed within the correct limitation period. Contact a member of our friendly advisory team today to see if one of our No Win No Fee solicitors could help you with your claim.
How Do I Prove Fault In A Court Case Data Breach?
Proving fault in a court case data breach is done through the provision of evidence. To make a successful claim, you need to show that the data controller engaged in some wrongful conduct that resulted in the data breach.
You will also need to show the extent of the harm caused to you, so solicitors can accurately value your claim. We have provided a few evidence examples here:
- Any correspondence from the court notifying you that a data breach has occurred and that your personal information was affected.
- Your bank statements, monitoring alerts, and any other information regarding suspicious activity in your accounts.
- A professional diagnosis of a psychological condition.
- Other documents showing the material damage that was sustained.
- Any findings from the ICO investigation, if one is opened.
This evidence will ensure your claim for court case data breach compensation is well supported and that solicitors can determine an accurate compensation figure to push for. We appreciate that gathering evidence while dealing with the fallout of a personal data breach can be difficult. One of our solicitors could support with building a body of evidence if you have a valid claim so reach out to our advisory team for your free assessment today.
Examples Of Court Case Data Breach Settlements
If you make a successful court case data breach claim, you could receive material damage to compensate you for losing money or assets due to the personal data breach.
Moreover, you could also receive non-material damage to compensate for the psychological injury you experienced due to the personal data breach. This can include emotional distress, anxiety and post-traumatic stress disorder in more severe cases. You can make a claim for psychological harm independently of financial loss.
The table contents are based on the 17th edition of the Judicial College Guidelines. The guidelines are often used to help solicitors value the non-material damage head of claim.
Compensation Table
Please note that the first entry is not a JCG figure and that this information has bene included for guidance purposes only.
| Type of Harm | Severity | Guideline Compensation Amount |
|---|---|---|
| Very Serious Psychological Harm with Material Damage | Very Serious | Up to £500,000 + |
| General Psychiatric Harm | Severe (a) | £66,920 to £141,240 |
| Moderately Severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less Severe (d) | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 |
| Moderately Severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less Severe (d) | £4,820 to £9,980 |
Please contact us for more information on how much data breach compensation you can claim.
Talk To Our Team About No Win No Fee Solicitors Today
Please contact our team today to find out whether you could be compensated following a court case data breach. An advisor may be able to assign a No Win No Fee solicitor from our panel to represent your claim under a Conditional Fee Agreement (CFA).
A CFA states that you pay a success fee if your claim succeeds. If it fails, you will not have to pay a success fee. What’s more, you will pay your success fee out of your compensation payment, which means that you don’t have to find the funds to pay for the services of your solicitor upfront. The success fee is legally capped.
For more information, you can:
- Call us on 0800 073 8804
- You can contact us online by completing a callback form.
- Use the live chat feature below.
Learn More About Data Breaches In Court Cases
Please read our online resources to find out more information.
- Social Services Data Breach Compensation Claims
- Local Authority And Council Data Breach Compensation Claims
- Stalker Data Breach Compensation Claims
- HIV Data Breach Claims Guide
- Immigration Information Data Breach – Can I Claim?
- How To Report A Data Breach Incident
- Image Data Breach Claims Case Study
- NHS – Post Traumatic Stress Disorder
- Find out how to claim bank data breach compensation. Learn more about the claims process with our guide.
Thank you for reading our guide to making a claim following a court case data breach. We hope this guide has helped. If you need any other information, call us on the number above.
Written by Clarke/ Brown
Edited by Mitchell
