Depression Data Breach Compensation Claim Calculator
Can you get compensation for a data breach? In some cases, this could be possible. If your personal information was breached because of the failure of those who should have been protecting it and this caused you stress or anxiety for example then you may have a valid compensation claim. In such cases, a lawyer may be able to help you to claim depression data breach compensation.
Depression data breach compensation claims
Please consider that your claim will have at least some unique facets. It might be similar to other claims but won’t be exactly the same. You could have unique questions that fall outside of the scope of this guide. If you do, call and talk to one of our expert claim advisors on 0800 073 8804. Or you can ask us to call you back by messaging us using our contact form.
Select A Section:
- What Is A Depression Data Breach Compensation Claim?
- How Could A Data Breach Trigger Depression?
- Types Of Data Which Could Be Involved In A Breach
- How To Make A Depression Data Breach Compensation Claim
- Depression Data Breach Compensation Claims Calculator
- Begin A Claim For Depression Caused By A Data Breach
What Is A Depression Data Breach Compensation Claim?
Can I sue if my data is leaked? First off, let’s look at the law in the UK that protects your personal data. We have a number of bodies of regulation in play. This includes the UK version of the General Data Protection Regulation (UK GDPR). It also includes the Data Protection Act 2018 (DPA). The Information Commissioner’s Office (ICO) is responsible for overseeing the adherence to these laws.
If these laws are not adhered to by any organisation that collects your personal data, it could expose it to unlawful use. The ICO can fine organisations (data controllers) when they fail to comply with data protection laws or when they are liable for a data breach.
Those who have their information exposed in a data breach can have a valid claim if they have evidence that shows how the data controller is liable for the breach. The data breach must have gone on to cause harm such as depression or financial losses.
Below, we cover some of the causes of data breaches, and how you could proceed with a claim. Call our claim advisors for further assistance.
Data Breach Statistics
The graph below covers 2017 to 2022. It users figures from the Cyber Security Breaches Survey 2022 where just over 1,200 businesses took part. It shows the percentage of firms that reported they are proactively seeking to identify cyber risks.
How Could A Data Breach Trigger Depression?
Why could you claim depression data breach compensation? There are many ways you could be harmed mentally by a data breach. Your mental health could suffer due to emotional distress. At the severe end of the scale, you could suffer from post-traumatic stress disorder.
Data controllers handle so much of your personal and sensitive data. Special category data that is protected by data security laws need even more security. This type of information can include religious background, political affiliation, trade union membership, health data, and medical results. Information you would not want to be shared or exposed just to anyone.
If this was to happen you could suffer different kinds of mental illness. If you can prove that your mental health issues were caused by a data breach, and the data controller was liable you could be able to claim data breach compensation.
A case which was heard at the Court of Appeal in 2015, Vidal-Hall and others v Google Inc, set a precedent for claiming psychological harm when no financial loss happened.
Types Of Data Which Could Be Involved In A Breach
There are many types of personal data that could be put at risk, resulting in a claim for depression and data breach compensation. Below, we have given some examples.
- Information about you such as your genome data, ethnic origin, medical records, religious beliefs and union membership. Such information could potentially end up being shared intentionally or unintentionally with unauthorised parties by different kinds of workers such as care workers or someone working in human resources.
- Unique data to you. For example, your name, phone number, email address and postal address, and your date of birth.
- Key financial information such as the numbers of your credit card or debit card, and details of your bank account.
If data such as this has been compromised, this might lead to depression due to the data breach. Call our team for more advice on this.
How To Make A Depression Data Breach Compensation Claim
Before you try to make a claim for depression data breach compensation, you may wish to contact the data controller you suspect has exposed your data. They will be able to tell you how badly the data breach has impacted your data. Some organisations will have one or more people responsible for data privacy and security, and you should ask to speak to them.
You can also try reporting the data breach to the ICO. Keep in mind that the report has to be made within three months of contact with the data controller, otherwise, it will likely not be investigated.
If you are unsure how to proceed call our advisors today. They can assess your claim for depression data breach compensation in a free consultation. Any evidence that you can supply will also be looked over. If they can see you have a good case for compensation they will offer to connect you with one of our data breach solicitors.
Depression Data Breach Compensation Claims Calculator
How much compensation can I get for a data protection breach? The table below was created based on guidelines that are produced by the Judicial College. These same guidelines are referenced by the legal system when valuing claims. The table shows different levels of mental harm.
| Pyschologicial Problem | Level of Severity | Possible Damages | More Information |
|---|---|---|---|
| Mental Illness | Severe | £51,460 – £108,620 | The individual suffering from such a severe condition cannot function normally. For their mental health problems, substantial treatment and therapy are required. Just two examples are anxiety and depression. |
| Mental Illness | Moderate to Severe | £17,900 – £51,460 | Although the prognosis is more optimistic than the above category there has been significant problems with family life, work and other relationships. |
| Mental Illness | Moderate | £5,500 – £17,900 | There is a likelihood that the victim will have a moderate mental health issue that affects their day-to-day lives. Nonetheless, the victim is likely to fully recover. |
| Mental Illness | Less Severe | £1,440 – £5,500 | Mental health problems of this nature are less severe. How much compensation is awarded will depend on the severity and duration of the condition. |
| Anxiety Disorders | Severe | £56,180 – £94,470 | The lives of the victims and their ability to carry on with daily activities will be severely affected by this event. The claimant will not return to life as they once knew it. |
| Anxiety Disorders | Moderate to Severe | £21,730 – £56,180 | The claimant will have suffered greatly in all aspects of their life. Some recovery may be possible with the help of a professional but for the foreseeable there will be impacts in all areas of life. |
| Anxiety Disorders | Moderate | £7,680 – £21,730 | The claimant will have suffered significantly at the outset but there will be a positive prognosis. |
| Anxiety Disorders | Less Severe | £3,710 – £7,680 | The recovery time for the patient might take up to two years. Nevertheless, some minor symptoms might persist beyond two years. |
What Are Material Damages?
Your depression claim might also include some form of material damage. These cover financial losses. The table above only covers non-material damages for mental hardship. Below are some examples of the kinds of things you might claim non-material damages for.
- Money that was stolen from your bank due to the data breach
- Poor credit score due to the data breach
- Future losses caused by the breach
- Loss of earnings if you took time off work and lost out on pay.
- To cover the cost of any private medical care
- If you had to hire a nurse or medical help at home, then you might be able to claim this cost back.
Speak to one of our claim advisors and explain your situation. They will tell you what types of damages you might want to try and claim.
Begin A Claim For Depression Caused By A Data Breach
It can be possible to make personal data breach claims using the services of a No Win No Fee lawyer. This will mean no upfront solicitors fee. Non while the case progresses and only if the case wins will you need to pay a success fee to the solicitor. If the case fails there is no success fee to pay.
If you have any questions, our claim advisors can help you further. For the answers to any questions you have about making a claim for depression and data breach compensation, use the information below to get in touch with us.
Phone: 0800 073 8804
Learn More About The Effects Of Data Breaches On Your Mental Health
Here are some useful links.
Find Out What Data An Organisation Has About You
Personal Data An Employer Can Keep About An Employee
Read some of our related guides.
Local Authority And Council Data Breach Compensation Claims
Lost Or Stolen Paperwork Data Breach Claims
Finding A Data Breach Solicitors Near Me
Guide By Wheeler
Edited By Melissa.
