Comparison Site Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Comparison Site Data Breach
My Data Privacy Was Breached By A Comparison Site Could I Claim Compensation?
Welcome to our data breach compensation guide. This guide looks at data protection breach claims against a comparison site. We’ll explain the justifications behind claiming, the harm that could result and the settlement amounts that could be paid.
When you compare the prices of products online, you sometimes need to hand over personal information to obtain quotes. This can include sites that compare car insurance, energy prices, loans, home insurance and credit cards. That information is often required to ensure the prices listed are relevant to you and your current situation. However, if those details were to get into the wrong hands, it could cause you to suffer. If that happens, you might be able to seek compensation.
Importantly, we will show how the introduction of the General Data Protection Regulation (GDPR) and The Data Protection Act 2018 has strengthened your control over the way in which your personal information is used.
Both of these laws are enforced by the Information Commissioner’s Office (ICO). If they find out about any type of data breach, they may choose to investigate the organisation responsible (or data controller). Should the ICO find that the rules have been broken, they are able to hand out massive data breach fines. However, they can’t award compensation payments to individuals (or data subjects) harmed by the breach.
That’s why you will need to begin your own claim. Legal Expert is here to help if that is what you’d like to do. Our advisors will review your claim in a no-obligation telephone consultation. You will also benefit from free legal advice. If the claim appears viable, you could be referred to one of our data breach solicitors. If they agree to work for you, it will be on a No Win No Fee basis.
Start a GDPR data breach claim today
If you are ready to discuss making a claim, why not call our specialist advisors right away? You can call our helpline, which is open 24-7, on 0800 073 8804.
If you’d like to learn more about comparison site data breach claims before calling, please continue reading.
Select A Section
- A Guide To Data Protection Breach Claims Against A Comparison Site
- What Are Data Protection Breach Claim Against A Comparison Site?
- GDPR Compliance Checklist For Businesses
- Action Taken Against Online Comparison Sites
- How To Raise A Complaint With The ICO
- Types Of Data Breach Awards Could You Be Eligible To Claim
- Calculating Data Breach Compensation Amounts
- What Can I Do If A Company Breached My Data Protection?
- Can A Solicitor Help You Sue For A Personal Data Breach?
- Pursue Data Protection Breach Claims Against A Comparison Site On A No Win No Fee Basis
- Start A GDPR Data Breach Claim
- Related Guides
A Guide To Data Protection Breach Claims Against A Comparison Site
Comparison sites are really useful tools that can help you find cheaper prices for many products. When you use them, you may notice that there is lots of information about how your personal data will be used. You might even be asked to confirm that you’re happy to proceed. That’s because the GDPR states that there has to be a lawful basis to process any personal data. This often means that you will need to be told when your information is needed and asked to consent to its use.
Also, data controllers need to increase security processes to try and keep your data safe. If a data protection breach does happen, the company could be fined by the ICO following an investigation. However, even if you’re harmed by the breach, the ICO doesn’t have the legal power to compensate you.
Therefore, if you want to claim GDPR compensation for distress, anxiety or financial losses, you will need to take action. It is important to point out that data protection breach claims against a comparison site must be made within the allowed time limits. More often than not, this is a 6-year period from the date you obtained knowledge of the breach. However, there is a 1-year limit if the claim is based on human rights breaches.
The types of data breaches that could involve comparison sites are something we will look at later on. But to give you some idea, they can range from sharing your personal details with other organisations without your consent to full-blown cyberattacks that expose information about you.
What Are Data Protection Breach Claim Against A Comparison Site?
We’re often asked what constitutes a breach of data protection? Well, the definition supplied by the GDPR is as follows:
A security incident that causes information about a data subject to be destroyed, disclosed, lost, accessed or altered in an unauthorised way.
Data protection breach claims against a comparison site might be possible if you can prove that:
- The breach took place.
- You suffered mental or financial damage.
So what are the consequences of breaching data protection that could entitle you to claim? Well, usually claims are used to compensate for any financial losses caused by the breach. In addition, you could also be eligible for compensation for any suffering caused by conditions like distress, anxiety, Post-Traumatic Stress Disorder (PTSD) or depression.
Importantly, you don’t need to prove that the data breach occurred because of a deliberate or illegal act. Any suffering caused as a result of an accidental data breach could lead to compensation being paid.
GDPR Compliance Checklist For Businesses
When processing personal information, businesses must be able to demonstrate compliance with several principles laid out by the GDPR. They include:
- Ensuring data is processed legally, transparently and fairly.
- Explaining the reason why personal information needs to be processed.
- Only collecting data that is relevant, necessary and required.
- Using secure and confidential methods of processing.
- Ensuring that all personal information that is stored is kept up to date. If old or incorrect information is found, it should be destroyed or amended.
- Never retaining personal data for longer than necessary.
If a GDPR data breach is identified, then there is a legal obligation to investigate it. Furthermore, the Information Commissioner’s Office must be told about it within 72 hours. Where a risk is identified that relates to one or more data subjects, then they must be informed of the breach without delay.
Action Taken Against Online Comparison Sites
In this section, we are going to look at why the ICO fined MoneySuperMarket £80,000 in 2017.
The basis for the fine was that the comparison site had sent a message to 7.1 million customers who’d opted out of marketing messages in the past. The email was sent as an update to the company’s terms and conditions. However, within the email was a section inviting customers to click on a link to start receiving marketing emails.
The ICO stated that companies are not allowed to send, “Direct marketing dressed up as legitimate updates”. Their report also stated that asking people to consent to future marketing when they previously opted out is illegal.
If you have suffered as a result of a comparison site data breach, why not ask our team for free advice? If your claim is suitable, we could help you pursue compensation on a No Win No fee basis.
How a comparison site could breach customers data privacy
The number of ways data breaches can occur is too many to list here. However, here are a few examples.
- Sending an email or letter that contains personal data to the incorrect recipient
- Loss of data due to a cyberattack (examples include those caused by phishing emails, ransomware or keyloggers).
- Portable devices that contain personal data being stolen or lost.
How To Raise A Complaint With The ICO
As we have shown already, the ICO is able to conduct investigations into potential data breaches. Before you contact them though, you will need to follow the correct process. Initially, this requires you to raise a complaint directly with the comparison site.
You should escalate the complaint where possible if you don’t agree with the response given to your complaint. After you haven’t heard back from the company for 3-months, you could approach the ICO.
If they decide to look into what happened, a report will be produced containing their findings. This could report on any action taken or fines issued. While the report could be helpful, it won’t result in you receiving a compensation payout.
If you believe you have been harmed because of a comparison site data breach, we could help you claim. Our team specialise in assessing claims to find out if you might be eligible to proceed. Why not call today to find out more?
Types Of Data Breach Awards Could You Be Eligible To Claim
Making data protection breach claims against a comparison site can be a complex business. Not only will you need to include suffering that’s already occurred, but your claim might need to include future suffering as well. The problem here is that you are only allowed to make one claim. That means you must include everything to avoid missing out on being compensated fairly.
Claims generally fall into two categories. The first, material damages, looks at any expenses, costs and financial losses that you’ve incurred because of the breach. The next, non-material damages, is used to claim for psychiatric suffering. This could be in the form of anxiety, distress or PTSD.
The calculation for material damages will start with the money you’ve already lost. This should be straightforward enough. However, you shouldn’t stop there if you could lose more money in the future. That might be the case if you need to change your financial accounts because criminals are selling your data online.
Similarly, non-material damages claims will usually start with the injuries that have already been diagnosed. Then a medical report that we’ll discuss in the next section will need to be reviewed. If it suggests any psychiatric problems will continue to affect you in the future, then you may need to factor that suffering into your claim.
We strongly advise having legal representation in data breach claims. That’s because an experienced solicitor could help you to receive a fair level of compensation by ensuring your claim includes all aspects of your suffering.
If your case is taken on by one of our solicitors, they will examine your claim with you in full. They’ll then try to make sure that nothing is missed out before filing it with the defendant. Please call today for further information.
Calculating Data Breach Compensation Amounts
Let’s now consider compensation payments that could be awarded as the result of a GDPR data breach. In this section, we are looking at psychiatric injury compensation rather than financial losses.
A hearing at the Court of Appeal provided two key changes to the law relating to data breach claims. In the case, Vidal-Hall and others v Google Inc , it was stated by the Court of Appeal that:
- Claims are possible for injuries resulting from data breaches whether financial losses were incurred or not. Previously, financial damage was required to make a claim
- Mental damage should be valued with reference to personal injury law.
To show how much might be paid for certain injuries, we have included the table below. The data in the table comes from the guidelines of an organisation known as the Judicial College because that is what is used in personal injury cases.
|Claim||Severity||Compensation Range||Additional Comments|
|Psychiatric Damage||The main factors in these claims are: 1) The ability to cope with life and work; 2) Any impact on relationships; 3) Whether medical treatment Is likely to help; 4) Future vulnerability; 5) Prognosis.|
|Psychiatric Damage||Severe||£51,460 to £108,620|
|Psychiatric Damage||Moderately Severe||£17,900 to £51,460|
|Psychiatric Damage||Moderate||£5,500 to £17,900|
|Psychiatric Damage||Less Severe||Up to £5,500|
|Post-Traumatic Stress Disorder||Severe||£56,180 to £94,470|
|Post-Traumatic Stress Disorder||Moderately Severe||£21,730 to £56,180|
|Post-Traumatic Stress Disorder||Moderate||£7,680 to £21,730|
|Post-Traumatic Stress Disorder||Less Severe||Up to £7,680|
To prove the extent of your suffering, you will need to have a medical assessment as part of your claim. Our solicitors will usually be able to book these locally for you. The meeting will be conducted by an independent medical specialist. They will refer to your medical records where available. Also, they will ask questions about how you have been affected as a result of the data breach.
After the meeting has ended, the specialist will file a report with your solicitor. This will outline your injuries and offer a medical prognosis as well. The report will, in turn, be used to prove the damage caused by the breach and will enable your data breach solicitor to value your case.
What Can I Do If A Company Breached My Data Protection?
In this section, we will briefly go over how to make a GDPR data breach claim once more. The step by step process is as follows:
- Raise a complaint with the comparison site.
- Await their answer and escalate the complaint if necessary.
- If you’re still not happy, you could complain to the ICO after 3-months have passed since your complaint.
As mentioned, the ICO can’t get involved in compensation claims. Therefore, you might want to contact a specialist data breach solicitor to make a compensation claim for any suffering or financial losses you have incurred. If that is something you would like to do, why not call Legal Expert for a free case review?
Can A Solicitor Help You Sue For A Personal Data Breach?
As we have shown, there is a lot to consider when claiming for the harm that results from data breaches. We believe that having an experienced legal representative working for you can improve the chances of being compensated fairly. If you work with one of our data breach lawyers, they will:
- Listen to how you have been affected by the breach to try and ensure everything is included in your claim.
- Arrange for you to be seen locally for an assessment by an independent medical specialist.
- Gather substantiating evidence to help support your claim.
- Compile a report and present it to the defendant.
- Deal with the defendant, their lawyers or their insurers on your behalf.
- Counter any objections raised by the defendant where possible.
- Work hard to try and achieve the maximum settlement possible in your case.
Pursue Data Protection Breach Claims Against A Comparison Site On A No Win No Fee Basis
We understand that nobody wants to lose money on solicitor’s fees when making data protection breach claims against a comparison site. If you work with Legal Expert, though, that won’t be a problem. That’s because our data breach solicitors offer a No Win No Fee service for all accepted claims. That means you could benefit from an experienced legal advisor with reduced financial risk.
Before your claim is accepted, the solicitor will need to check that it’s suitable first. After your free review, if both parties agree to move forward, the solicitor will give you a Conditional Fee Agreement (CFA). The formal title for a No Win No Fee agreement, this contract shows what will need to happen before the solicitor is paid. Also, it will show that:
- You don’t need to pay any legal fees upfront.
- There aren’t any solicitor’s fees to pay while your case is being processed.
- If your case is not successful, you don’t need to pay any of your solicitor’s fees at all.
The only time you will pay for your solicitor’s work is if they win compensation for you. If that does happen, a small success fee will be deducted from your settlement. The success fee is listed in the CFA as a fixed percentage of your compensation. Importantly, to prevent overcharging, success fees are capped by law.
Start A GDPR Data Breach Claim
You have almost completed this article about making data protection breach claims against a comparison site. We hope that we have shown you why you could be eligible for data breach compensation for distress, anxiety and also financial losses. If you’d like Legal Expert to help you make a claim, please:
- Call a specialist advisor for free legal advice on 0800 073 8804.
- Explain what’s happened to an online advisor.
- Arrange for us to call you back via this online enquiry page.
- Outline the details of your claim in an email to email@example.com
When you contact us, you won’t be under any obligation to make a claim. If we believe your claim is viable, though, we could refer you to an experienced data breach solicitor from our team. If they accept your case, and you’re happy to proceed, they’ll work for you on a No Win No Fee basis.
Thank you for completing our article on data protection breach claims against a comparison site. In the final part of our guide, we have supplemented the advice we have already provided with some additional resources. If you need anything further, please let one of our advisors know.
Subject Access Requests – Advice on the process to follow when asking a business to provide the personal information they hold on you.
Signs Of Stress – This NHS article explains the symptoms of stress, the causes and what can be done to reduce them.
Mind – A charity that offers support and advice for anybody experiencing mental health problems.
Finally, you will find a few more of our guides below that are relevant and could help you further.
Compare The Market Claims – Advice on claiming if you’ve suffered because of a Compare The Market data breach.
MoneySuperMarket Claims – Information about why not might be able to claim if this site has exposed your personal data.
Bank Data Breaches – A look at how a GDPR data breach by a bank could result in you claiming compensation.
Thank you for reading our guide to data protection breach claims against a comparison site.
Guide by Hambridge
Edited by Billing