How Is The Value Of A Data Breach Claim Calculated?
If you are wondering how the value of your data breach claim could be calculated, our guide could provide you with the information you have been looking for.
To begin, we will look into how compensation may be calculated and outline the eligibility criteria you should meet to be able to claim compensation. Additionally, our guide details the evidence that could be used to support your claim.
Furthermore, we will clarify what data is protected under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), sharing examples of information classed as personal data.
To learn more about the value of a data breach claim, please keep reading our guide. You can also discuss your claim directly with an advisor from our team. Our advisors are here to provide you with free advice 24/7. They could also answer any questions you may have about starting a personal data breach claim.
To get in touch with an advisor:
- Call on 0800 073 8804
- Contact us through our online webpage form
- Chat live with an advisor using the live chat pop-up.
Choose A Section
- How Is The Value Of A Data Breach Claim Calculated?
- Can I Claim For A Data Breach?
- How Could Evidence Affect The Value Of A Data Breach Claim?
- What Data Is Protected By The UK GDPR?
- Why Choose Legal Expert’s No Win No Fee Specialist Solicitors?
- Read More About How Data Breach Claims Are Valued
The value of a data breach claim will be affected by the specific circumstances of the individual claim.
If your data has been breached, you could suffer non-material damage. This damage relates to the emotional distress you have experienced due to the personal data breach. For example, you could have suffered stress due to a data breach. Providing evidence of your mental harm could help support your claim. This could be a copy of your medical records.
When your psychological injury is being valued by a legal professional, such as a solicitor, they may refer to the figures listed in the Judicial College Guidelines (JCG) to help them. The JCG is a document that assigns compensation guidelines for various psychological and physical injuries. The table beneath uses the compensation guidelines set out in the 16th edition of the JCG.
However, this table is for guidance purposes only. How much compensation you could receive will be affected by the factors of your claim.
|Injury||Severity||Notes||Guidelines For Compensation|
|Psychological Damage||Severe (a)||Prognosis is very poor and there are severe issues coping with work, relationships, and other parts of life.||£54,830 to £115,730|
|Moderately Severe (b)||Problems are significant regarding coping with the aspects of life mentioned above. However, the prognosis is more optimistic.||£19,070 to £54,830|
|Moderate (c)||Evident improvement by trial even though the person struggled with various issues. The prognosis is better.||£5,860 to £19,070|
|Less Severe (d)||The length of disability and the effect on everyday life could affect the amount awarded.||£1,540 to £5,860|
|Anxiety Disorder||Severe (a)||Unable to function as they did pre-trauma as every aspect of life is severely impacted.||£59,860 to £100,670|
|Moderately Severe (b)||If professional help is sought then some recovery is possible. However there will still be a significant disability for the foreseeable future.||£23,150 to £59,860|
|Moderate (c)||Persisting impacts are not majorly disabling and a large recovery has taken place.||£8,180 to £23,150|
|Less Severe (d)||A practically full recovery has taken place within one to two years.||£3,950 to £8,180|
How Else Could You Be Compensated?
You could also be compensated for the material damage you have experienced due to a personal data breach. This refers to any monetary losses you have suffered.
For example, if your banking details or credit card information were to be breached, this could result in unknown charges being made to those accounts. This could also cause damage to your credit score rating.
Bank statements and credit reports can help to illustrate these losses and be used as evidence in your claim.
Contact our advisors today if you would like to discuss your potential data breach claim.
Personal data is any information that could identify you directly or in combination with other information. The Data Protection Act 2018 (DPA) and the UK GDPR set out rules and regulations all data controllers and processes must follow when processing the personal data of UK residents.
Data controllers are responsible for determining how and why your data is being processed, such as an organisation. Data processors are responsible for processing personal data on behalf of a data controller, such as an agency separate from the data controller.
If a data controller or processor were to fail to adhere to data protection law, this could result in your personal information being involved in a data breach. A personal data breach is a security incident where your personal data’s integrity, confidentiality or availability has been affected.
To be able to make a claim for a personal data breach, you must be able to prove that your personal data was breached due to an organisation’s failings. Additionally, you must have suffered mentally or financially.
How Long After A Data Breach Could I Claim Compensation
Additionally, you must ensure your personal data breach claim is initiated within the relevant time limit. Generally, you will have six years to start your claim.
Alternatively, this time limit is reduced to one year if you are claiming against a public body.
To discuss your eligibility and the value of a data breach claim in more detail, please speak with a member of our team.
If a breach occurs and you suffer harm because your personal information was compromised, there is certain evidence you could collect to help support your claim. Firstly, you will have to provide evidence that your personal data was breached. This could be a confirmation email or letter from the organisation responsible for the breach. They must inform you of a personal data breach without undue delay if they think your rights or freedom could be impacted.
However, if you discover the breach yourself, you could complain to the organisation responsible. You could ask them to confirm what personal data was involved in the breach and what measures they are putting into place to prevent this situation from happening again.
Organisations that experience a data breach that infringes your rights and freedoms must report it to the Information Commissioner’s Office (ICO) within 72 hours of discovering the breach. The ICO are an independent authority that enforces data protection law and upholds information rights.
You could also notify the ICO of the breach. They then may decide to investigate the breach, and their findings could be used as evidence in your claim. However, you must do this within three months of the last meaningful communication about the breach.
Not all data breaches will mean the data controller or processor is liable. Sometimes data breaches could occur even when all data protection laws have been adhered to.
Contact our advisors today if you have any further questions about the evidence you could use to support your personal data breach claim.
The UK GDPR protects personal data, which can identify you directly or in conjunction with other information. Some examples of personal data include:
- National Insurance number.
- Mobile phone number.
- Email address.
There is another kind of personal information which requires more protection as it is sensitive. This is special category data. It includes personal data about your sexuality, ethnicity, religious or political beliefs, health, and trade union membership.
You may have grounds to claim if your personal data has been breached, causing you to become financially or mentally harmed. To discuss this further, please speak with a member of our team.
When you are making a claim for data breach compensation, one of our solicitors could help you. They have extensive experience handling various data breach claims and ensuring claimants receive the most compensation possible for their individual case.
When claiming with a solicitor on a No Win No Fee basis, you will usually not have to pay for your solicitor’s services if the claim is unsuccessful.
Alternatively, if your claim is successful, your solicitor will take a success fee from your compensation. The amount they can take as the success fee is capped by law.
You can contact our team if you have any further questions about making a claim with one of our No Win No Fee solicitors.
How To Contact Our Specialist Team
To speak further about your potential claim, please don’t hesitate to chat with our team of advisors. They can offer you free advice and answer questions you may have about starting a claim. Furthermore, they could put you in contact with one of our solicitors if they believe you could be eligible to make a claim.
To connect with one of our advisors:
- Call on 0800 073 8804
- Complete our claim online form.
- Use our live chat to talk to an advisor in real-time.
Further information from our guides:
- How To Report A Data Breach To The ICO
- My Personal Data Has Been Lost After A Data Breach, What Are My Rights?
- Is Sharing An Email Address A Breach of the UK GDPR?
External sites that may be useful:
- Find Out What Data An Organisation Has About You – Government Guidance
- Dealing with stress – NHS
- Does an organisation need my consent? – ICO
Contact one of our advisors if you have any further questions about how the value of a data breach claim is calculated.