How Long Do I Have To Make A Data Breach Claim And What Compensation Could I Receive?
This guide aims to answer the question, “How long do I have to make a data breach claim?” We explain what a personal data breach is, the eligibility criteria for making a data breach compensation claim and the time limit that must be adhered to when starting this type of claim.
As the focus of our guide is on time limits, we examine the timeframes for both making a claim and reporting a data breach to the Information Commissioner’s Office (ICO), the UK’s independent body for upholding information rights.
Additionally, we will provide information on how data breach compensation is valued and calculated for the two different types of damage you could suffer following a breach of your personal data.
Towards the end of this guide, we explain the type of No Win No Fee contract offered by our solicitors and the benefits you can enjoy when you instruct a solicitor to represent you under such an agreement.
Our advisory team are available 24 hours a day, 7 days a week, to address any questions you might have regarding the data breach claims process and provide free advice. Our advisors can also assess your eligibility to begin a claim for no charge. Talk to a team member today using the following contact information:
- Call us on 0800 073 8804
- Get started with your claim online by completing this form.
- Use the live chat button at the bottom of your screen.
Select A Section
- How Long Do I Have To Make A Data Breach Claim?
- When Can I Be Compensated For A Data Breach?
- How Long Do I Have To Report The Data Breach?
- What Compensation Could You Claim For A Data Breach?
- How Long Do I Have To Make A Data Breach Claim With A No Win No Fee Solicitor?
- Learn More About Making A Data Breach Claim
How Long Do I Have To Make A Data Breach Claim?
The limitation period for starting a personal data breach claim will depend on who the claim is being made against. A typical data breach claim will generally need to be started within six years of the breach occurring.
However, the limitation period is reduced to one year if you are making a data breach claim against a public body.
For a more personalised answer to the question, “How long do I have to make a data breach claim?” talk to our advisors using the number provided below. Additionally, you can continue reading our guide to find out when you could be eligible to make a claim for a data breach.
When Can I Be Compensated For A Data Breach?
Now that we have established, ‘How long do I have to make a data breach claim?’, you will also need to know when you could be eligible to make one.
Any information that could identify you is considered as personal data. This includes your name, home address and national insurance number, for example.
Data processors and controllers are required to comply with the data protection standards set out by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Together, these sit together as data protection laws.
Data controllers are usually organisations that decide when and why your data is being processed. Data processors are usually a separate organisation or agency that process data on behalf of a data controller.
All data breach compensation claims need to meet the following eligibility requirements in order for them to be considered as valid:
- A data processor or controller failed to uphold their obligations under data protection law.
- This resulted in a data breach that affected your personal data.
- This personal data breach causes you to suffer financial loss, psychological harm or both.
For example, if an organisation sends a letter containing your personal data to the wrong postage address, this may cause you to suffer with anxiety due to the person who was sent your data having unauthorised access to it.
To see whether you may be eligible to claim data breach compensation following a breach of your personal data, you can contact one of our advisors. Additionally, the may also connect you with one of our data breach solicitors who could help guide you through the claiming process.
How Long Do I Have To Report The Data Breach?
You have a right to voice concerns about how your personal data is being stored, used or processed. The ICO usually stipulates that you should report a data breach to them within 3 months of your last meaningful contact with the organisation responsible for the data breach.
How Do You Report A Data Breach?
It is important to emphasise that reporting a data breach to the ICO is not required for making a data breach claim. However, if you do report a breach to the ICO, they may decide to investigate the breach and their findings could be used as evidence to support your claim.
If you are looking to report an organisation for failing to uphold data protection standards, the steps that should be followed when making a data protection complaint are as follows:
- Contact the organisation with your concerns: You should first express your concerns in writing to the data controller, explaining what your concerns are, giving clear details of the nature of your complaint.
- Give the organisation one month to respond: while it may take some time to deal with your complaint, you can politely chase the organisation if it appears no action is being taken.
- Response: organisations are obligated to clearly explain why your personal data is being used in the way that it is. You can ask for further clarification or express dissatisfaction with their response.
- Complain to the ICO: If you have followed these steps and the matter remains unresolved or the organisation is not responding to you, you can raise your complaint with the ICO itself. When making a complaint to the ICO, they will ask you to provide copies or any correspondence between you and the organisation and any other evidence that supports your complaint.
For more advice on how to report a data breach to the ICO or to find out if you could be eligible to claim compensation after a breach of your data, talk to our advisors today. The team is available 24/7 using the contact information given above.
What Compensation Could You Claim For A Data Breach?
Now we’ve provided an answer to the question, “How long do I have to make a data breach claim?” you may also be wondering how much compensation you could be awarded for a successful data breach claim.
How much could be awarded in data protection breach compensation will depend on the specific factors of your case. However, compensation in a data breach claim can be awarded for two different types of damage; material and non-material damage.
Non-material damage refers to psychological harm caused by a personal data breach. For example, you may be eligible to make an anxiety data breach claim if you suffered this psychological condition following a breach of your personal data.
Those tasked with valuing your potential claim can refer to the Judicial College Guidelines (JCG) alongside your medical evidence to calculate a potential compensation figure.
The JCG publication contains guideline compensation brackets for various types of injuries. We have used the figures for psychological injuries in our table here. The top entry, however, is not a JCG figure; rather, it is a potential total compensation figure for both types of damage.
Compensation Table
Please be advised that this table has been provided for guidance purposes only
| Type of Harm | Severity | Guideline Compensation Amount | Notes |
|---|---|---|---|
| Multiple Instances of Very Serious Material and Non-material Damage | Very serious | Up to £250,000 + | The injured person will have experienced very serious psychological distress as well as incurring significant financial losses such as lost income, stolen funds and fraudulent purchases made in their name. |
| General Psychiatric Harm | Severe (a) | £66,920 to £141, 240 | Marked problems across all areas of life, such as education and work, and a very poor prognosis. |
| Moderately Severe (b) | £23,270 to £66,920 | Significant problems across multiple areas but a much better prognosis than in severe cases. | |
| Moderate (c) | £7,150 to £23,270 | The injured person will have experienced significant improvement and the prognosis will be good. | |
| Less Severe (d) | £1,880 to £7,150 | Awards in this bracket are influenced by the effect on sleep and daily activity. | |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 | Permanent effects across all aspects of life that prevent anything resembling pre-trauma levels of function. |
| Moderately Severe (b) | £28,250 to £73,050 | This bracket is awarded in cases where the prognosis is better than severe cases but there will be significant disability for the foreseeable future | |
| Moderate (c) | £9,980 to £28,250 | The injured person will have mostly recovered and not be experiencing any gross disablement. | |
| Less Severe (d) | £4,820 to £9,980 | Virtual recovery within two years and only minor continuing symptoms. |
Compensation For Material Damage In Data Breach Claims
Material damage refers to the financial impacts of a personal data breach. This can be quite varied, both in terms of severity and the damage caused.
For example, you may have experienced a loss of earnings after needing to take time off from work due to suffering from post-traumatic stress disorder (PTSD) following a personal data breach. You may also have paid for extra home protection due to being anxious about someone arriving at your home after your home address was breached.
When claiming for your material damage, you will need to present evidence of it. This could include payslips, credit card and bank statements.
To get a more personalised estimate of the value of your potential claim, contact our advisors using the details provided below. They can also inform you of other material damage you may be able to claim for.
How Long Do I Have To Make A Data Breach Claim With A No Win No Fee Solicitor?
You can contact our advisors using the details provided below. Our team can offer further guidance on the data breach claim process and assess your eligibility free of charge. If your potential claim is deemed valid, our advisors could connect you with one of our expert data breach solicitors.
Our solicitors can provide their services under a No Win No Fee contract called a Conditional Fee Agreement (CFA). When you instruct a solicitor to represent you under CFA, you will benefit from distinct features of this type of contract, including:
- In most cases, there are no fees to pay for the solicitor to commence work on your claim.
- You will also not pay fees for that work as your claim progresses.
- Finally, if your claim fails, there is no fee to pay for the work they have provided on your case.
Should your claim be successful, you will receive a data breach compensation payout. A percentage of this compensation will be taken by your data breach solicitor as a success fee. Since success fees are subject to a legally binding cap, you will get to keep the majority of any compensation awarded to you.
Contact Us Today
For a free assessment of your eligibility to start a claim, talk to our advisors today. They can also offer you free advice on your case and help if you are still wondering, ‘How long do I have to make a data breach claim?’. Our team is available at any time using the contact information given here:
- Call us on 0800 073 8804
- Get started with your claim online by completing this form.
- Use the live chat button at the bottom of your screen.
Learn More About Making A Data Breach Claim
You can find out more about making data breach claims by reading some of our other guides:
- Learn the eligibility criteria to make a claim for data breaches involving personnel records.
- You could be entitled to compensation following a medical records data breach. Find out how to claim on our website.
- If your personal data was sent to the wrong email address, this guide discusses when you may be eligible to make a claim.
We have also provided some external resources for additional information:
- The National Cyber Security Centre has published this guidance for individuals and families to help them protect their data.
- You can access a range of support and services for mental health issues through the NHS. Read more on their website.
- This Government resource on data protection and your business sets out how business owners can comply with data protection law.
Thank you for taking the time to read this guide to making a data breach claim. We hope we have provided an adequate answer to the question, “How long do I have to make a data breach claim?” To get further advice, discuss the data breach claims process in more detail or to get a free assessment of your eligibility to claim, contact our advisors today. The team is available 24 hours a day using the contact information provided above.
