GoCompare Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For GoCompare Data Breach
My Data Privacy Was Breached By GoCompare, Could I Claim Compensation?
In this article, we are going to explain the justifications and evidence individuals might need to make data breach claims against GoCompare.
If you can prove you have sustained financial loss or suffered emotionally because of a data breach, you may be able to claim. We have created this guide to inform you of your rights when it comes to data protection and show you how you could claim compensation for the damages you can prove you have suffered.
A data controller is an organisation that decides how and why your data will be processed. All data controllers have a legal duty to protect the personal data they process.
If they fail to ensure your data security, depending on what data is affected and how, this could cause all sorts of issues. You could suffer financial harm from identity theft, and the breach could cause you emotional distress too.
While claiming data breach compensation would not erase what’s happened to you, it could go some way towards helping you move forward. In the sections below, you can find out about your rights to make a claim for a data breach, and how we could help you do so. If you’d like to talk to us right away about your claim, the number to call is 0800 073 8804.
Select A Section
- A Guide To Data Protection Breach Claims Against GoCompare
- What Are Data Protection Breach Claims Against GoCompare?
- What Is A Breach Of The GDPR?
- Has The ICO Had To Issue A Fine Against GoCompare?
- Can I Report A Breach Of My Data Privacy To The ICO?
- How The Victim Of A GDPR Or Data Breach May Be Compensated
- Calculating Data Breach Claims Against Online Comparison Services
- How To Claim For A Data Breach By An Online Service
- Why Use A Data Breach Solicitor?
- No Win No Fee Data Protection Breach Claims Against GoCompare
- Contact A Data Breach Solicitor
- Data Breach References
Whether you’re a customer of GoCompare or an employee, you may have given them some of your personal data so that they could provide their services to you or so that they can fulfil aspects of your contract. For example, if you wanted a car insurance quote, you may have entered some of your personal information into their website to obtain a quotation.
Personal data should be protected under data protection law. But what happens if it isn’t and your personal data is accidentally or unlawfully destroyed, lost, altered, accessed or disclosed without your permission? This would be a data breach.
Would GoCompare customer complaints be able to do anything about a data breach? Or would you have cause to use a data breach lawyer to help you? We have created this guide to answer these questions and more about making such claims.
In the sections below, we provide information on what constitutes a data breach and how it could happen. We also discuss the responsibilities data controllers have when it comes to protecting your personal data. We look at the legal requirements they must adhere to under the General Data Protection Regulation (GDPR) and explain how a breach of your personal data could affect you.
Finally, we show you what rights you have to claim compensation for a breach of data protection that affects you emotionally or financially (or both).
Get in touch with our advisors for free legal advice if you have any questions as you read the article.
Before we look at what could lead to data protection breach claims, let us first explain what personal data is. The Information Commissioner’s Office (ICO) cites personal data as being information that could, on its own, identify a person. Personal data could also include data that could be used in combination with other data to identify someone. Examples of such data include:
- Location details
- Phone numbers
- Dates of birth
- Contact information
- IP Address
Some data could be classed as sensitive data. Companies that process such data should ensure a higher level of protection for it. Sensitive data includes:
- Medical information
- Political opinions
- Biometric information
What Is Considered A Data Breach?
A definition of a data breach, according to the ICO, is a data security incident that causes personal data to be accidentally or unlawfully:
This can be accidental or deliberate.
What Is An Example Of A Data Breach?
Breaches of data protection could be malicious in nature, or they could happen by accident. Some examples of the cause of a data breach include:
- A cybersecurity failure – if network security or cybersecurity software is not kept up to date, such as a firewall, for example, it could lead to data becoming vulnerable. Cybercriminals may be able to access online systems and retrieve personal information.
- A mistake by a staff member – if a member of staff accidentally sends a letter containing personal information to an unauthorised recipient, this could constitute a data breach.
- A cyber attack – this could include hacking, the use of malware, ransomware, phishing attacks, spyware or a virus.
- The theft or loss of computer equipment that contains personal data
These are just a few examples of how someone could become the victim of a data breach. Whether you have experienced a breach in one of the ways above, or in another way, if you’ve suffered mentally or financially because of it, a data breach solicitor from our team could help you claim compensation.
GDPR or the General Data Protection Data Regulation is arguably the strongest and strictest data privacy and security law in the world. The UK’s enactment of GDPR into law comes in the form of the Data Protection Act 2018.
What Is A GDPR Data Breach?
A GDPR data breach could occur if organisations that control and process data do not adhere to the guiding principles of GDPR. These principles include:
- Data processors should process personal data lawfully, fairly and with transparency towards the data subject.
- Organisations that collect data should do so for legitimate, specified and explicit purposes.
- Data controllers should process data in a manner that is adequate, relevant and not excessive.
- Organisations should only store data for the minimum time they require it for the specified purpose.
- Those who hold personal data should ensure they keep it up to date and accurate.
- Organisations should ensure the security of personal data when processing it.
- Data controllers should also be able to demonstrate that they are compliant with GDPR.
GDPR allows for victims of data privacy breaches to claim compensation if it causes them non-material or material harm or both. (That is, psychological harm or financial loss or both.)
The Information Commissioner’s Office (ICO) is the UK’s independent body in charge of upholding personal information rights. The legislation and regulations that the ICO covers include:
- Data Protection Act 2018
- The Privacy and Electronic Communications (EC Directive) Regulations 2003
- The Environmental Information Regulations 2004
- eIDAS Regulation
- Freedom of Information Act 2000
- The Network and Information Systems Regulations 2018
- General Data Protection Regulation
- The INSPIRE Regulations 2009
- The Re-use of Public Sector Information Regulations 2015
- Investigatory Powers Act 2016
If there is a complaint relating to data privacy and security, the ICO could investigate. If it finds that there has been a data breach, it could take enforcement action, which could involve a fine.
At the time of writing, the ICO has not reported any fines being issued towards GoCompare, and there have been no data breaches reported that affect the organisation either. However, that does not mean that future breaches could not happen.
How Online Businesses Could Breach Users’ Data Security
There are lots of ways in which an online business could breach a user’s data security, including:
- Losing computer equipment that stores personal data
- Staff members making errors and disclosing personal information to unauthorised persons by accident
- Not having effective cybersecurity to mitigate the risk of a cyberattack, such as a DDoS (Distributed Denial of Service) attack
These are just a few examples.
If you can prove you’ve suffered mentally or financially because of the breach, you may be considering data breach claims against GoCompare. Why not get in touch with our advisors if you have evidence of a valid claim?
We could assess your claim to see if you could be eligible. If our free, no-obligation discussion reveals that you could have a favourable claim, we could put you in touch with a lawyer.
If you suspect you’ve been the victim of a data breach, you could opt to report it to the Information Commissioner’s Office (ICO). However, the ICO advise that you should try to report the breach to the organisation themselves in the first instance.
When you report a GDPR data breach to an organisation, it would be wise to do so quickly. Your report could include:
- What data you believe they have breached
- How you believe the breach has occurred
- The effects that the breach has had on you
- A request for compensation for a breach of the GDPR
What If They Don’t Offer Compensation For A GDPR Breach?
If you are not satisfied with the organisation’s response, or you don’t receive a response, you could escalate your complaint by contacting the ICO. You can contact the ICO within three months from the date of the data controller’s final response. The ICO advise that if undue delays occur in informing them of a complaint, it may affect their decisions.
What Other Action Could I Take?
You could opt to seek legal advice so that you could launch a data breach compensation claim against the organisation. Providing you have a valid claim, you could do so even if you have not reported the breach to the ICO.
Whether a GoCompare data breach involves GoCompare Energy, GoCompare Car Insurance or any other of the organisation’s services, GDPR breaches by the company could affect a number of people.
Now we’ve answered the question ‘What is a GDPR data breach?’ and you now know you could receive compensation for a breach of the GDPR that has caused you mental harm or financial loss, you might wonder what you could be compensated for.
You may seek compensation for financial losses and expenses. This could be for the value of fraudulent purchases someone makes using your personal data, or for money someone steals from your financial accounts due to their ability to access your data.
You may seek compensation for the psychiatric damage you’ve suffered because of a data breach. This could also relate to the emotional distress it causes. You may have lost sleep over the breach, or you could be suffering from anxiety, stress or depression, for example. You could be compensated for this suffering if you can prove it. We look at this in the next section.
The amount of compensation you could claim could depend on the seriousness of the breach and its effects on you.
For instant answers to your questions on what data breach claims against GoCompare could potentially involve, call our advisors.
Below, we have put together examples of what compensation for a data breach could amount to, based on figures we’ve taken from the Judicial College Guidelines. This is a publication that solicitors could use to come to a value for a range of personal injuries.
As part of the data breach claims process, you’d need to visit an independent medical professional. The expert would read any relevant past medical notes, assess your condition and provide a medical report that could describe your psychological injuries. The report could also include the expert’s opinion on your prognosis.
The report serves to be used as a means of proving your condition was caused or worsened by the data breach. However, if it doesn’t prove this, your claim could be affected. The report is also a way for your solicitor (if you choose to use the services of one) to value your injuries.
|Type of injuries||Severity||Approximate Compensation Bracket|
|A case of PTSD/Post-traumatic stress disorder||Less severe||Up to £7,680|
|A case of PTSD/Post-traumatic stress disorder||Moderate||£7,680 to £21,730|
|A case of PTSD/Post-traumatic stress disorder conditions||Moderately severe||£21,730 to £56,180|
|A case of PTSD/Post-traumatic stress disorder conditions||Severe||£56,180 to £94,470|
|General psychiatric harm||Less severe||Up to £5,500|
|General psychiatric harm||Moderate||£5,500 to £17,900|
|General psychiatric harm||Moderately severe||£17,900 to £51,460|
|General psychiatric harm||Severe||£51,460 to £108,620|
If you can’t see your condition in the compensation table above, get in touch with our advisors. They can offer a free estimation of how your psychological injuries could be valued.
A Legal Precedent For Claiming Psychological Damage From A Breach Of Data Protection
In regards to data breach claims, a case of note is Vidal-Hall and others v Google Inc . The Court of Appeal addressed whether compensation for injuries involving psychological and psychiatric damage could be considered if there was no financial loss caused by the breach. The Court held that it could.
Therefore, you could not only claim for the financial impact of a data breach; you could also claim for emotional distress or psychological harm. Alternatively, you could claim for either. Before this case, this was not possible.
The Court also held that compensation for psychiatric damage could be valued as it is in personal injury claims.
If you’re interested in learning more about this, please do not hesitate to contact our advisors. We’d be happy to assist you.
It’s not imperative that you use the services of a solicitor to seek compensation. You could take a look at the GoCompare data protection policy and see who you should report the data breach to in the first instance.
Then, you could write to the appropriate person or department, detailing what has happened and how it is affecting you. If they don’t properly resolve the situation, you could go on to report your concerns to the ICO.
However, many claimants prefer to have legal support on their side when making such claims. We explain the benefits of having a lawyer on your side in the section below.
While we have answered the question of ‘What is a GDPR data breach?’ and explained some situations where you could make a data breach claim, you may not be sure whether your own case could make you eligible for compensation.
You may not want to spend a lot of time and effort fighting for compensation if you’re not eligible for it. This is where a data breach solicitor could be beneficial. A solicitor could:
- Assess your eligibility to claim.
- Build your case with you, collect evidence and present a strong case to the organisation concerned.
- Ensure you don’t miss out on the different damages you could be eligible to claim.
- Try to negotiate the maximum settlement possible for your claim.
- Support you through the court process if it becomes necessary for your case to be heard in court.
Here at Legal Expert, we’d be proud to help you fight for the compensation you deserve for a GDPR data breach. Our expert advisors could offer a free, no-obligation case check. If we believe you have a valid, favourable claim, one of our solicitors could take your case on under No Win No Fee terms. We have superb reviews and would be glad to offer the same, high-quality service to you.
If you’ve heard the term No Win No Fee before, you may believe it sounds too good to be true. However, this is simply not the case. A data breach solicitor from our team could take on a claim without you paying for their assistance until you receive compensation. Here’s how the process works:
- You receive a Conditional Fee Agreement (the formal term for ‘No Win No Fee agreement’) from your data breach lawyer. It contains details of a success fee (a small, legally capped, percentage of your eventual payout). It explains that this fee is only payable if your case wins.
- You sign and return the agreement and the lawyer begins to put together your case.
- The lawyer negotiates a settlement on your behalf, or helps you achieve a payout through the court.
- Once the liable party or their insurer pays your settlement, your data breach lawyer deducts the agreed fee. The rest is for your benefit.
If your claim doesn’t end with a compensation payout, you won’t pay any success fee to your lawyer. You can read more about No Win No Fee claims and how they work. Or you could call us if you have questions you’d like us to answer.
Now you know more about making data protection breach claims, you might want us to put you in touch with a data breach solicitor to help you. Or, you might have further questions about claiming compensation for a GDPR breach. Either way, we’re happy to talk to you. You can reach our expert advisors via:
Information Commissioner’s Office Guide To Data Encryption: The ICO offers specific guidance on the security of data transfer by using TLS, or transferring through a virtual private network (VPN).
A Guide For Organisations/Data Controllers/Data Processors: The ICO aims to help organisations prevent GDPR breaches. This guide offers lots of advice to organisations that store/process data as to how to protect personal data.
Data Breach Statistics 2020: This Government data breach report offers some statistics relating to data breaches. You may find this useful.
Stress, Distress And Data Breaches: This detailed guide provides information about how a data breach could affect a person emotionally or psychologically. It also contains information relating to making claims for data breach distress.
Claiming For Damages For Data Loss: A breach of personal data could include the loss of personal data. This guide discusses this issue in more detail and explains how to claim compensation if you’ve suffered financially or mentally because of such an incident.
Did Your Employer Breach Your Personal Data?: While you may now know more about claiming for data breaches as a customer, what happens when an employer breaches your personal data? This guide explains your options if you experience harm due to an employer’s breach of your personal data.
Thank you for reading this article exploring the justifications and evidence you might need to make data breach claims against GoCompare.
Written by Jeffries
Edited by Victorine