TalkTalk Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For TalkTalk Data Breach
By Daniel Archer. Last Updated 21st June 2022. Welcome to our guide to TalkTalk data breach claims. Are you the victim of a TalkTalk breach of data protection?
This article provides a guide to how you could prove a claim against TalkTalk, whether you’ve experienced financial losses as a result of your personal details being leaked or suffered from mental trauma caused by your privacy being compromised.
TalkTalk data breach claims guide
We’ll address any questions or concerns that you may have in the wake of your data breach, such as:
- What could a data breach be caused by?
- What happens when a company suffers a data breach?
- How could I address a data breach?
- How much compensation could I claim for a data breach?
- How could I make a successful data breach claim?
To find out all of this and more, please continue reading this guide. Alternatively, by getting in touch with one of our advisors at Legal Expert today, you could have a consultation on your unique circumstances and receive specialist advice free of charge. If we believe that you could have grounds to make a claim, we can connect you with our data breach solicitors who could handle your claim on a No Win No Fee basis and help secure you with the compensation that you deserve.
So, if you can prove that you’ve suffered a data breach, please don’t hesitate to get in touch with our team today using one of the following methods:
- Call 0800 073 8804
- Fill out a contact form
- Email info@legalexpert.co.uk
- Speak to us using the chat feature on your screen
Select A Section
- A Guide To Data Protection Breach Claims Against TalkTalk
- What Is A Cyber Attack Or Data Breach Claim Against TalkTalk?
- How The GDPR Impacts Telecoms Companies
- Cyber Attack And Data Protection Fines Issued By The ICO Against TalkTalk
- Report A Telecommunications Company To The ICO
- How Victims Could Be Compensated For Customer Data Breaches
- How Much Compensation Could I Get For A Talktalk Data Breach?
- How Do Data Protection Breach Claims Work?
- How To Find Specialist Data Protection Breach Solicitor Help
- No Win No Fee Data Protection Breach Claims Against TalkTalk
- Speak To A Data Breach Claims Expert
- Additional Resources For Claimants
A Guide To Data Protection Breach Claims Against TalkTalk
This article provides a guide on what’s required to prove a claim against TalkTalk, whether you’ve experienced financial losses as a result of your personal details being leaked or suffered from mental trauma caused by your privacy being compromised.
To help you gain a better understanding of your circumstances, this article will begin by ensuring that you’re familiar with the definitions of the terms data and data breach. We’ll then outline the relevant pieces of legislation that inform how organisations can and can’t interact with your data to help you identify whether TalkTalk may have breached your privacy.
Next, we’ll discuss how data breaches could happen, outlining some common causes such as targeted cyber attacks and human error. In addition, we’ll present you with a real case study of a past TalkTalk data breach and discuss how it unfolded.
We’ll then advise you of some steps you could take if you find that you’ve suffered a data breach, including contacting TalkTalk directly to raise your concern with them, and reporting the organisation to the Information Commissioner’s Office (ICO) for them to investigate.
Once we’ve established what a data breach is and what steps you should take in the wake of one, we’ll move onto the claims process to help explain how you could successfully win compensation for the damage you’ve incurred.
We’ll provide information on how to estimate the value of your case according to figures from the Judicial College Guidelines and offer you our specialist advice on how to give your claim the best chance of success.
Alternatively, by getting in touch with one of our advisors at Legal Expert today, you could have a free consultation on your unique circumstances. If we believe that you could have grounds to make a claim, we can connect you with our data breach solicitors who could handle your claim on a No Win No Fee basis. So please get in touch to find out how to claim.
Limitation Periods
Before you decide to begin legal proceedings for your TalkTalk data breach, you must make sure that you’re aware of the following limitation periods that apply to claims of this type:
- Typically, data breach claims have a limitation period of up to 6 years before you’re no longer entitled to compensation
- For cases that involve a human rights breach, a limitation period of just 1 year applies
If you wait too long before making your claim, you risk losing out on possible data breach compensation. By getting in touch with one of our specialist advisors at Legal Expert today, they could tell you whether you have grounds to make a claim or not.
What Is A Cyber Attack Or Data Breach Claim Against TalkTalk?
To help you gain a better understanding of your circumstances, we’ll begin by ensuring that you’re familiar with the definitions of the terms data and data breach.
Data typically refers to any of your personal information that has the potential to identify you, whether directly or indirectly. This personal information could include your name, home address and date of birth, contact details like your phone number and email address, as well as medical and financial information held by organisations.
The term data breach is used to describe a security incident in which your personal information is compromised, meaning it’s handled in a way that you haven’t authorised. If you can prove that TalkTalk failed to process your data in accordance with data protection regulations, resulting in a breach, you could be able to hold them liable for their failings by making a data breach compensation claim.
To learn what’s required to make a successful TalkTalk data breach claim, please continue reading this guide or get in touch with our team at Legal Expert today. Our solicitors’ expertise could give your claim the best chance of success and help you recover the compensation that you deserve.
How The GDPR Impacts Telecoms Companies
Any organisation that handles your data, including TalkTalk, is subject to data protection laws. In the UK, certain regulations are in place to help ensure that your data is handled in a fair and secure manner, according to your consent. For instance, if you can evidence that TalkTalk failed to process your data in accordance with data protection regulations, resulting in a breach, you could be able to hold them liable for their failings by reporting them to the Information Commissioner’s Office (ICO) or making a data breach claim.
Since 2018, organisations in the UK have been subject to the Data Protection Act 2018. This enacted the EU’s General Data Protection Regulation (GDPR) into UK law, putting its key principles into force, such as:
- Data can’t be interacted with for reasons other than those clearly consented to by the subject
- Data must be processed in a fair and lawful way
- Data must be regularly updated on file
- Data can’t be retained for longer than necessary
- Data can’t be transferred to a country without its own data protection laws
In the case of a TalkTalk data breach, for instance, they’re legally required to inform you if your personal information may have been subsequently compromised within 72 hours of the incident. Often, you may not even realise that you’ve fallen victim to a data breach until you’ve been notified.
If you find yourself in this situation through no fault of your own and can prove that TalkTalk’s failings were to blame for your data breach, please continue reading to see what steps you could take in the wake of this. Alternatively, please don’t hesitate to speak to one of our specialist advisors at Legal Expert to see how our solicitors could help you get the compensation that you deserve after a TalkTalk breach of data protection.
Cyber Attack And Data Protection Fines Issued By The ICO Against TalkTalk
In this section, we’ll present you with a real case study in which a TalkTalk data breach put customers’ personal information at risk.
In October 2015, over 150,000 customers had their personal data accessed, leaked and used without their consent as part of a company-wide cyberattack. This included details such as names, home addresses, birth dates, phone numbers and email addresses. In addition, TalkTalk revealed that customers’ bank account details, sort codes and card numbers were stolen but highlighted that some of this information was encrypted, which prevented it from being used.
Affecting around 4% of TalkTalk’s customers, the company informed those whose financial information had been compromised first to alert them that they’d been affected by the data breach, before alerting the rest of their customers. The incident was reported to the Information Commissioner’s Office (ICO) and a full investigation into the breach was carried out.
The ICO found that TalkTalk’s security systems were flawed and their software was outdated, putting them in breach of data protection regulations. As a result, the company was issued a fine of £400,000 to penalise their failings and encourage them to improve their data privacy and protection practices in future.
Sources:
- https://www.bbc.co.uk/news/business-48351900
- https://ico.org.uk/about-the-ico/news-and-events/talktalk-cyber-attack-how-the-ico-investigation-unfolded
How A Telecommunication Company Could Breach Customer Data Privacy
To further illustrate how a TalkTalk data breach could happen, this section will present some common reasons, ranging from a hacker orchestrating a cyberattack, poor data systems and human error.
As demonstrated in the case study in the above section, telecommunication companies like TalkTalk hold a lot of personal information about their customers, including:
- Names
- Home addresses
- Dates of birth
- Phone numbers
- Email addresses
- Bank account details
- Sort codes
- Card numbers
Hackers either look for financial details for monetary gain or seek to acquire as much personal information as they can which could allow them to impersonate an individual, a practice commonly referred to as an identity fraud crime.
However, data breaches can also result from simple mistakes like human error, particularly if staff don’t receive proper training. And this would potentially apply to a TalkTalk breach of data protection too. Some examples of this include:
- Having your data being accessed by an unauthorised third party
- Missending your data to an incorrect recipient
- Documents or computerised files containing your data being damaged, lost or stolen
- Alterations being made to your data without permission
- Not being allowed to access your data upon request
If you can prove that TalkTalk has handled your personal information in a way that you didn’t consent to, you could be entitled to compensation for any suffering that you’ve subsequently endured. To see how our data breach solicitors at Legal Expert could help you make a successful claim, please get in touch with our team today for a free consultation.
Report A Telecommunications Company To The ICO
If you can show that you suffered a TalkTalk data breach due to the company failing to adequately protect your data, you could report them to the Information Commissioner’s Office (ICO).
The ICO is an independent organisation that investigates how companies in the UK comply with data protection and privacy regulations. The ICO could investigate whether TalkTalk breached laws and could even issue them with a fine to punish their non-compliance.
If you’re considering getting in touch with the ICO for your data breach, please note the following:
- The ICO does not provide data breach compensation, they simply function to provide guidance on data protection practices
- It’s recommended that you contact the ICO only after you’ve complained directly to the company and haven’t heard anything in response after about 3 months.
How Victims Could Be Compensated For Customer Data Breaches
Before deciding to pursue a claim for a TalkTalk data breach, you may first want to consider the different types of things that you could get compensation for. Generally, data breach claims have two heads of damage – material damage and non-material damage.
- Material damage
- In claiming material damage, you could recover any financial losses that your data breach caused you. For example, if someone accessed your financial details without your consent, you could end up being robbed or even fall victim to an identity fraud crime. These things have the potential to have a devastating impact on your credit rating and cause persisting issues for you in future.
- Non-material damage
- In claiming non-material damage, you could be compensated for any mental suffering that you’ve experienced as a result of your data breach. In many ways, having your personal information compromised can have the same emotional impact as being robbed. Therefore, any subsequent trauma that’s been caused and any wider effects that it’s had could be considered in your settlement.
If you’re interested in learning more about how much data breach compensation you could be entitled to, please see the next section of this article for estimated settlement figures. Alternatively, by getting in touch with one of our advisors at Legal Expert today, you could have a consultation on your unique circumstances and receive specialist advice free of charge. And this could then pave the way for you to make a claim after a TalkTalk breach of data protection.
How Much Compensation Could I Get For A Talktalk Data Breach?
Your personal data is protected by law, including legislation such as the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
If you make a successful claim for a personal data breach, you could be eligible to claim for material and non-material harm. Material harm covers any financial loss you have experienced as a result of the breach, whereas non-material damages covers any mental health impact.
There were two pivotal cases in 2015 that changed the way data breach claims are made. The first, heard in the Court of Appeal, Google Vs. Vidall-Hall, resulted in a ruling that meant you can claim for psychological harm (non-material damages) without also claiming for financial loss (material damages).
The second, Gulati & Others Vs. MGN, resulted in a ruling that meant legal professionals should now calculate non-material damages on the same level as mental health issues are valued in personal injury claims. This could be done using a publication called the Judicial College Guidelines (JCG).
It is from the latest edition of the JCG (2022) that the figures from the table below have been taken. These can give you a rough idea as to how much this portion of your settlement could be worth.
| Suffering | Severity | Compensation | Details |
|---|---|---|---|
| Psychiatric Damage | Severe | £54,830 to £115,730 | - Improved symptoms of trauma - Good prognosis |
| Psychiatric Damage | Less severe | Up to £5,860 | - Daily tasks will be challenging - Positive outlook for future improvement |
| Post-Traumatic Stress Disorder (PTSD) | Moderate | £8,180 to £23,150 | - Lasting effects of trauma - Full recovery expected |
Should your TalkTalk customer details be involved in a TalkTalk data breach, get in touch with our advisors today to see if you could be eligible for a claim.
How Do Data Protection Breach Claims Work?
As implied in the table above, a compensation payout is calculated according to the extent of damage incurred as a result of the data breach.
To help determine the extent of your suffering and more accurately value your claim for non-material damage, your solicitor will arrange for you to undergo a medical assessment with an independent expert. They’ll examine how the data breach has impacted you mentally, as well as assessing wider aspects of your life and how they may have been impacted too.
Unlike online compensation calculators that provide you with generalised estimated settlement figures at best, our specialist advisor at Legal Expert can offer you a free consultation on your unique data breach claim. To find out more about how much compensation you could be entitled to, please get in touch with us today.
How To Find Specialist Data Protection Breach Solicitor Help
Are you looking for advice in relation to a possible TalkTalk data breach claim but aren’t sure how to find the best legal help for your case?
Rather than asking around for recommendations or looking for “data breach solicitors near me” on Google, you could get in touch with our team at Legal Expert today. As technology allows our solicitors to connect with you wherever you are, the locality of your data breach solicitor doesn’t matter. In addition, we have lots of positive reviews that you can browse to see how our past clients rate the quality of our services.
No Win No Fee Data Protection Breach Claims Against TalkTalk
No one should have to suffer for something that wasn’t their fault. At Legal Expert, we believe that data breach victims are no different.
With this in mind, we ensure that our personal injury solicitors always work on a No Win No Fee basis so you don’t have to suffer any more than you already have. Some key benefits of this type of agreement include:
- No fees to pay if your data breach solicitor doesn’t win your compensation for you
- No upfront or hidden costs at any point for you to worry about
If our solicitors do win your case for you, then a success fee will be taken out of your compensation to cover their legal costs. However, this fee isn’t a catch. Instead, it’s capped by law at a small percentage to make sure that you don’t lose the compensation that you deserve.
So, why wait to get in touch with us today and see how we could help you make a successful TalkTalk data breach claim on a No Win No Fee basis?
Speak To A Data Breach Claims Expert
By getting in touch with one of our advisors at Legal Expert today, you could have a consultation on your unique circumstances and receive specialist advice free of charge. If we believe that you could have grounds to make a claim, we can connect you with our data breach solicitors who could handle your claim on a No Win No Fee basis and help secure the compensation that you deserve.
So, if you’ve suffered a data breach, please don’t hesitate to get in touch with our team today using one of the following methods:
- Call 0800 073 8804
- Fill out a contact form
- Email info@legalexpert.co.uk
- Speak to us using the chat feature on your screen
Additional Resources For Claimants
Thank you for reading our guide to making a claim for a TalkTalk data breach. We hope that you’ve gained a more in-depth understanding of the steps you can take towards successfully securing the compensation that you deserve.
If you’ve found our guide helpful and you’d like to see how our data breach solicitors at Legal Expert could help you, please don’t hesitate to get in touch with us today. Alternatively, if you’d like more information, please see some of the additional resources that we’ve provided below:
Professional negligence claims – a guide to making a claim for professional negligence
Claim Limitation Periods – a guide to different claim time limits
No Win No Fee services – a guide to No Win No Fee agreements
For more information about data protection laws, you can access the UK’s and the EU’s relevant legislation in full by clicking the links below:
General Data Protection Regulation (GDPR)
Other Useful Compensation Guides
- University of Chester Data Breach
- University of Manchester Data Breach
- Independent Inquiry into Child Sexual Abuse Data Breach
- University of the Arts London Data Breach
- Holmes Financial Solutions Ltd Data Breach
- Premier Inn Data Breach Compensation Claims
- Keurboom Communications Data Breach
- University of Wales Data Breach Compensation Claims
- Asda Pharmacy Data Breach
- Blackpool Teaching Hospitals NHS Foundation Trust Data Breach
- Capcom Data Breach Compensation Claims
- Central London Community Healthcare NHS Trust Data Breach
- Kings College Hospital Data Breach Compensation Claims
- University of Oxford Data Breach Compensation Claims
- Milton Keynes Council Data Breach
- Keele University Data Breach
- Employer Data Breach Compensation Claims
- USwitch Data Breach Compensation Claims
- Virgin Healthcare Data Breach
- Manchester Metropolitan University Data Breach
- Transform Hospital Group Data Breach
TalkTalk Breach Of Data Protection FAQs
When was the TalkTalk data breach?
This took place in October 2015.
How was TalkTalk hacked?
This was due to a website hack involving the stealing of personal data.
Who was responsible for the TalkTalk attack?
The two perpetrators are Matthew Hanley (23) and Connor Allsopp (21).
What are the 3 types of data breaches?
These are electronic, physical and skimming.
What is a confirmed breach?
This is an online attack that sees the hacker gain access to confidential and sensitive details.
What do I do if my personal information suffers a compromise?
You should change passwords, register for two-factor authentication, checking company updates, watching accounts and freezing credit.
What types of personal information do identity thieves steal?
This includes any financial details consisting of your wallet, credit card and bank details.
What are the 5 most common types of identity theft?
These consist of stealing a driver’s licence, social security, criminal information, financial details and medical information.
Thank you for reading our guide to TalkTalk data breach claims. However, we want you to get in touch if you suffer a TalkTalk breach of data protection.
Guide by Mavers
Edited by Billing
