A Look At The Evidence Needed For A Data Breach Compensation Claim?
You will find this guide especially useful if you want to know what evidence you need for a data breach compensation claim.
Not all data breaches provide a valid basis for a compensation claim. A claim must show that an organisation, or a third party that processes data on its behalf, acted against data protection law and caused a breach of personal data. Furthermore, you need to prove that the breach caused you psychological damage, financial harm, or both.
In this guide, you will learn about the forms of evidence that can help prove these eligibility criteria and help your case towards a positive outcome.
We conclude by explaining how the claims process works, including evidence-gathering, which can be more straightforward with one of our specialist data breach claim solicitors working on your behalf.
You can call us at any time for 24/7 guidance and support, free of charge. You can also learn if you have a case that a solicitor could support you with on a No Win No Fee basis.
Choose any of these options for free advice on how to claim data breach compensation:
- Phone us on 0800 073 8804.
- Write to us about your potential claim online and we’ll call you.
- Use the live chat tab below to start a conversation.
Browse Our Guide
- What Evidence Do I Need For A Data Breach Compensation Claim?
- Proving Your Data Was Involved In The Breach
- Evidence Of The Psychological Impact
- Evidence Of The Financial Impact
- How To Begin A Data Breach Claim On A No Win No Fee Basis
- Learn More About What Evidence You Need For A Data Breach Compensation Claim
What Evidence Do I Need For A Data Breach Compensation Claim?
You will likely share personal data with many organisations during day-to-day life. Such data is any information that can be used, either alone or in combination with other information, to identify you.
The organisation responsible for deciding how and why to process information is known as the data controller. They could undertake processing themselves, or instruct a third-party data processor to do it for them.
Data controllers and data processors must follow two pieces of data protection legislation, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
Evidence for a data breach compensation claim should highlight how a data controller or data processor failed to follow these laws and a personal data breach occurred as a result. To show this, and any harm you suffered as a consequence, you will need the likes of:
- Recorded contact between you and the organisation involved.
- Proof of the breach and what was affected.
- Medical records to highlight emotional distress.
- Evidence of any financial losses caused by the data breach.
We cover the different types of evidence as the guide progresses. If you have any questions about what evidence you need for a data breach compensation claim, please call our 24/7 helpline at any time.
Proving Your Data Was Involved In The Breach
You need to prove that a personal data breach occurred and affected you directly. The Information Commissioner’s Office (ICO), an independent body protecting personal data rights, defines a data breach as a security incident that affects the availability, confidentiality or integrity of personal data.
An organisation must inform individuals of a data breach that affects their rights and freedoms without undue delay. As a result, you could expect to receive a letter of notification, which might be posted or emailed. This letter can be used as evidence as it will likely discuss what happened, how it came about, what data was affected and the steps they are taking to address the issue.
However, you may not find out this way. You could see on the news that the organisation has suffered a data breach. Alternatively, cybercriminals might try to scam affected individuals, or contact them to demand payment for personal or sensitive information being deleted. You may otherwise learn that your data is being sold on the dark web. Whichever way a data breach comes to your attention, be sure to keep a record as evidence.
If you believe your data has been breached but the organisation has not told you, you can contact them directly.
If you are not satisfied with the response from the organisation, you can report your concerns to the ICO but wait no longer than three months from the last communication with the organisation. The ICO may investigate, but please be aware that they do not pay compensation. The outcome of their report could also be used as proof in a personal data breach claim.
For more information on how to make a data breach claim and what steps you can take to collect evidence, just call the number above today.
Evidence Of The Psychological Impact
A data breach can have a serious effect on the impacted person’s mental health. In a personal data breach claim, you could potentially claim compensation for psychological injuries such as:
- Depression.
- Acute anxiety or distress.
- Post-Traumatic Stress Disorder (PTSD).
For example, if your medical records were involved in a data breach, this could affect your mental well-being, knowing that your medical information had been compromised. Personal information relating to your health is also protected by data protection laws; they even go further to add extra protections as this data is considered sensitive information.
There are two types of damage for which you can claim compensation: Material damage and non-material damage. We will discuss material damage in the next section, but non-material damage is the effect the data breach has had on your mental well-being, as discussed above.
To claim compensation for non material damage, it is advised to seek medical attention and request a copy of your health records to use as evidence. Furthermore, you can keep a diary of symptoms and ways in which you have been affected.
Evidence Of The Financial Impact
Compensation payouts for data breach claims can account for the ways in which you suffered financially. Material damage is the financial harm you suffer due to the data breach. Some examples include:
- Your credit rating being damaged due to identity theft.
- The cost of medical treatment or counselling, along with expenses for travelling to and from appointments.
- Fees associated with a forced home relocation if, for example, your personal details were leaked to a stalker.
- A loss of earnings from being unable to work or having to change jobs.
Any of the above could be possible. For example, if social services breach UK GDPR through a human error and cause an adopted child’s address to become available to their birth family, the adoptive family may be forced to move home.
The evidence you need to prove material damage could include:
- Bank statements.
- Other financial records, such as credit card statements or a credit report.
- Payslips.
- Invoices or receipts.
It is possible to claim compensation for financial damage, known as material damage, by itself. You can also claim for just psychological harm, or both together.
Call today for free guidance on data breach compensation amounts or to discuss how much compensation you might be able to claim.
How To Begin A Data Breach Claim On A No Win No Fee Basis
Our experienced No Win No Fee solicitors have an in-depth understanding of the data breach claims process. They could apply their knowledge of data breach compensation claims to help you get the outcome you deserve.
As well as helping you collect evidence if instructed, a solicitor can submit proof and argue your case for compensation.
If one of our solicitors takes on your claim, they will offer a Conditional Fee Agreement. This spares you from any upfront or ongoing fees covering the legal representation they provide. As the solicitor works on a No Win No Fee basis, you would not pay for their work if the claim fails.
If you and your solicitor presented sufficient evidence, leading to a successful data breach claim, they would capture a percentage of the compensation awarded to you. This cut is referred to as their success fee.
The Conditional Fee Agreements Order 2013 is important to remember as it sets out a legal restriction on the percentage that can be set aside for a solicitor.
Contact Us
You can learn more about claiming compensation for data protection breaches or data breach compensation examples by speaking to one of our advisors today. Furthermore, they can assess your potential case. If you have a valid data breach claim, you could be connected to one of our solicitors without delay.
For guidance on what evidence you need for a data breach compensation claim, the No Win No Fee agreement our solicitors offer, and much more, either:
- Call 0800 073 8804 to access our free helpline.
- Use our ‘Claim online’ web query form.
- Select the live support tab at the foot of this page.
Learn More About What Evidence You Need For A Data Breach Compensation Claim
Here are some further data protection claims guides that may be of use:
- Read our data breach compensation calculator article for more information on how payouts work.
- Information sent to the wrong postal address could cause various harm. Our wrong postage address claim guide covers this in detail.
- More information on how our solicitors can help you claim for a data breach on a No Win No Fee basis.
These resources also contain useful information:
- ICO guidance on identity theft and what to do if you are targeted.
- Data breach guidance for individuals and families, provided by the National Cyber Security Centre.
- The Crown Prosecution Service outlines what counts as criminal offences under the Data Protection Act 2018.
Thank you for reading our guide. If you have any questions about data protection breach compensation, or what evidence you need for a data breach compensation claim, please call today.
