Advice On Data Breach Compensation Claims

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Data Breach Compensation Calculator

By Daniel Archer. Last Updated 24th August 2022. Do you need advice on how to use a data breach compensation calculator? Were your personal details leaked in a way that caused you financial or emotional harm by those legally required to protect that information?

This guide explains how you can use the relevant evidence to evaluate what damages you may be owed with a compensation calculator. Please feel free to get in touch if you wish to learn more right now. At Legal Expert, we can connect you with our data breach specialist solicitors to assist you in your calculations.

  • Simply call our advisors on 0800 073 8804
  • Contact us online and get a callback
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Data breach compensation calculator

Data breach compensation calculator

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  1. How Does A Data Breach Compensation Calculator Work?
  2. Types Of Data Breach
  3. How To Claim Data Breach Compensation
  4. Types Of Damages You Could Claim For A Data Breach
  5. Data Breach Compensation Calculator
  6. Contact Us To Start A Data Breach Claim

How Does A Data Breach Compensation Calculator Work?

There are two main laws that seek to protect the data rights of the individual in the UK. The Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) support your right to have more control over your personal information. An independent agency called the Information Commissioner’s Office (ICO) regulates and enforces these laws with the power to investigate or issue penalties to those who don’t comply.

A personal data breach can happen when personal identifiable information is caught up in a security incident. This can mean that it may have been lost, stolen, destroyed, altered, dislosed or accessed by an unauthorised party. A data breach can be an accidental or deliberate act.

Fundamental to a data breach claim is having evidence to prove that another party handled your data in a way that was contrary to these legal obligations outlined in UK GDPR. Furthermore, there needs to be evidence that this failure directly caused you emotional and/or financial harm as a result.

Types Of Data Breach

Data breaches can happen through phishing scams and ransomware attacks by cybercriminals outside the company, such as in the case of the British Library data breach. However, the biggest cause of a data breach is human error. This may mean emails sent to the wrong address, letters containing sensitive information sent to the wrong postal address or even documents faxed to the wrong recipient.

The people who request and retain our personal data are called data controllers and they may use processors to process that data. There must be a lawful basis given. There are 7 Core Principles set out by data protection laws that must be followed to ensure this data is processed according to the law. To ensure staff are fully aware of these responsibilities and handle data accordingly staff awareness and training is crucial. Not all data is protected by data security laws but in order to claim for personal data misuse the onus will be on you to prove how the data controller was liable for the breach.

Data protected by data security laws include:

  • Your name and address
  • Email address and mobile phone number
  • Date of birth
  • Bank details (debit and credit card information)

Furthermore, UK GDPR recognises a ‘special category’ of data that is considered even more sensitive and deserving of careful handling:

  • Ethnicity
  • Sexual orientation
  • Health details
  • Religious beliefs
  • Political opinions or Trade Union affiliations
  • Biometric information (fingerprints)

How To Claim Data Breach Compensation

Data breach victims are those that have had personal information about themselves breached. That said not all victims will be eligible to make a personal data breach claim. It will need to be established that the data controller failed to adhere to the UK GDPR and it directly led to you suffering a damaging data leak. Evidence is key to any compensation claim. So to strengthen your case you could take the following steps:

  • Complain directly to the agency involved. Ask whether a data breach has taken place and what information was leaked. This can provide evidence that a personal data breach has taken place.
  • If you are not happen with the response from the data controller do not wait no longer than 3 months from the last meaningful discussion on the matter if you want to make a complaint to the ICO.
  • Ask the ICO to step in by raising a concern. They do not pay compensation but any findings from their investigation could help your claim.
  • Gather documented proof of the damages caused to you
  • Consider legal help

A data breach compensation calculator can be found below. However our data breach solicitor’s can evaluate your claim for you now if you call us today.

Types Of Damages You Could Claim For A Data Breach

A data breach compensation calculator can be used to look at one particular part of your claim settlement. If you make a successful data breach claim and are awarded a settlement it will take into account two areas of damage. Materiel damage will compensate for the financial losses incurred because of the data breach. However, non material damage looks at how you have suffered mentally as a consequence of the personal data breach. This is where the data breach compensation calculator will come in.

The stress and anxiety of a data breach and privacy violation can prompt significant psychological suffering for some people. In extreme cases, post-traumatic stress disorder (PTSD) can occur. This may be in addition to stolen money or damaged businesses.

Data Breach Compensation Calculator

Material damages are a good place to start. For example, you may be able to demonstrate how you suffered:

  • A loss of earnings due to time taken away from work due to mental illness
  • Counselling costs for shock or trauma
  • Stolen funds from your bank accounts due to leaked account details
  • Damage to credit score due to fraudulent activity on your bank accounts

A legal case called Vidal-Hall v Google set a precedent that emotional suffering and psychological damage in data breach cases were worthy of compensation in their own right. Prior to this case, financial damage needed to be present.

Now, suffering in a data breach can be evaluated in the same way as a personal injury case, using the Judicial College Guidelines. This guide applies a suggested monetary value for severities of psychiatric harm as shown:

Manner of Psychiatric HarmSeverity and JC Guideline Award BracketSupporting Notes
Psychiatric Damage - General(A) Severe in Nature - £54,830 to £115,730Real coping issues in most areas of life. On-going vulnerability and poor prognosis
Psychiatric Damage - General(B) More Moderately Severe in Nature - £19,070 to £54,830Cases that are less severe as the bracket above but still entail significantly disabling mental health issues
Psychiatric Damage - General(C) Moderate in Nature - £5,860 to £19,070A better prognosis, particularly by the time of trial
Psychiatric Damage - General(D) Less Severe in Nature - £1,540 to £5,860This bracket reflects how long the disable person suffered and to what extreme it impacted normal life
PTSD - Post-Traumatic Stress Disorder(A) Severe in Nature - £59,860 to £100,670Permanent traumatising effects that prevent a return to normal life
PTSD - Post-Traumatic Stress Disorder(B) Moderately Severe in Nature - £23,150 to £59,860A better prognosis than above especially after professional help. Still significant level of future disability
PTSD - Post-Traumatic Stress Disorder(C) Moderate in Nature - £8,180 to £23,150Mostly recovered with only minor persisting issues that are not debilitating
PTSD - Post-Traumatic Stress Disorder(D) Less Severe in Nature - £3,950 to £8,180A more or less complete recovery within a 12 - 24 month period

How Can A Data Breach Compensation Calculator Help Me?

If you’ve suffered psychologically as the result of a GDPR breach that has affected the security of your personal data, then the value of your settlement can depend on the level of your suffering. A good way you can gain an understanding of how much you could receive is to use our online data breach compensation calculator. The calculator can provide you with an estimate.

However, some data breach claims may involve you being reimbursed for certain financial losses caused by the breach. An online resource such as a calculator may not include all of these material damages.

The best way to value data breach claims is to speak with someone directly. You can do this by getting in touch with our advisors today. Once we know more about your circumstances, we will be able to provide a more accurate estimation. Reach out today and we can take you through the valuation process and give you a bespoke estimate of your potential payout.

Contact Us To Start A Data Breach Claim

In a solicitor offers their service on a No Win No Fee basis it may be that there are:

  • No upfront fees
  • No fees to retain their services
  • A maximum 25% deduction from the settlement becomes due for a successful outcome in terms of a success fee.
  • No success fee if the case fails.

Learn more about a No Win No Fee data breach compensation claim by speaking to our advisors now. You can:

Data Breach Compensation Calculator Award Guides

At Legal Expert, we can offer advice on other data breach issues as well as how to use a data breach compensation calculator:

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