By Lewis Presley. Last Updated 20th January 2023. In this guide, we look at how a data breach compensation calculator could help you estimate how much compensation you could receive for harm caused by a data breach. Personal data can be used to identify you; because of this, the consequences of a data breach can be serious and long-lasting. They can affect your finances and your mental health.
If your information has been exposed in a data breach, you may want to pursue a claim for compensation. To do so, you’d need to show that the breach happened because of the failings of the organisation that was supposed to keep it safe.
In this article, we’ll explain who is eligible to claim financial compensation for a data breach, what you can claim, and how much a data breach claim could be worth in the UK.
Our advisors can provide you with free legal advice and help to start your data breach claim. Get in touch today by:
- Calling on 0800 408 7826
- Filling out our online form
- Using the live chat feature at the bottom of the screen
Choose A Section
- Data Breach Compensation Calculator
- What Is A Data Breach?
- How Do Data Breaches Happen?
- What Are The Potential Impacts Of A Data Breach?
- How Can Our Data Breach Compensation Calculator Help You?
- Data Protection Breach Compensation – Claim With A No Win No Fee Solicitor
- Learn More About Using Our Data Breach Compensation Calculator
When making a claim for a personal data breach, you may be wondering, ‘How much is the average compensation for a breach of the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR)?’
When claiming compensation for a data breach of your personal information, compensation could be awarded for your non-material damage. Non-material damage means any of the psychological injuries you have suffered due to your personal data being compromised.
To help you gain an idea of how much you could receive for your non-material damage, we have created the following table. The figures listed have been taken from the 16th edition of the Judicial College Guidelines (JCG). We have used the amounts provided in the JCG as it lists compensation brackets for various mental and physical injuries. It is also used by many legal professionals to help them value claims.
It is important to note that when making a claim for a personal data breach, the compensation amount you could receive could differ from the figures listed below. This is because how much compensation you could receive will be affected by the specific factors of your claim.
|Severe Psychiatric Damage||Severe effects on the ability to cope with work, life, education, and relationships. The prognosis will also be very poor.||£54,830 to £115,730|
|Moderately Severe Psychiatric Damage||A more optimistic prognosis, however the person is still likely to significantly suffer with various aspects of daily life.||£19,070 to £54,830|
|Moderate Psychiatric Damage||Despite suffering with various issue, the person will have made considerable improvements.||£5,860 to £19,070|
|Less Severe Psychiatric Damage||Consideration given to the period of disability and how various activities were affected, such as sleep.||£1,540 to £5,860|
|Severe Anxiety Disorder||The person will be unable to function as they did pre-trauma due to permanent issues.||£59,860 to £100,670|
|Moderately Severe Anxiety Disorder||A better prognosis with room for some recovery with help from a professional. However, they are still likely to suffer for the foreseeable future.||£23,150 to £59,860|
|Moderate Anxiety Disorder||A significant recovery will have been made and any persisting symptoms will not be grossly disabling.||£8,180 to £23,150|
|Less Severe Anxiety Disorder||Full recovery within two years, with only minor symptoms persisting.||£3,950 to £8,180|
Additionally, you must ensure that your claim is made within the relevant time limits. You will typically have 6 years to start your claim. This is reduced to one year if your claim is against a public body.
Contact our advisors today if you have any questions about starting a personal data breach claim.
What Else Can I Claim For In A Data Breach Claim?
Under a data breach claim, you can claim for material or non-material damage. Material damages describes the financial losses you might suffer following a breach– for example, financial losses due to identity theft, or damage to your credit score.
Non-material damages cover the physical damage you might experience as a result of a data breach. For example, if you are a victim of domestic assault and a data breach exposes your current address, this could cause extreme emotional distress if you fear that your abuser is able to find you.
It used to be the case that you could only claim for the mental harm caused by a breach if you also lost out on money. However, following the decision in the Court of Appeal case Vidal-Hall and Others V Google Inc. 2015, you no longer need to have suffered financially in order to claim for psychological injuries following a data breach.
To find out if you can get compensation for a data breach, contact our advisors today. They can advise you on how to use our data breach compensation calculator.
Data Breach Claims – What Evidence Do I Need?
Any legal case needs good evidence to help prove it and data breach claims are no exception. However, given their unique nature, there are different types of evidence that you may need in order to succeed. Let’s take a look:
- Firstly, one of the key bits of evidence you need is correspondence from the defendant confirming that a data breach has happened and that you’ve been affected. This letter should also state what data is involved, such as your email address, home address, medical history or financial information. It may also state what the defendant is doing to secure the information.
- If you haven’t received any correspondence from the defendant but suspect you’ve been impacted, you can also write to them and ask them to confirm.
- If the defendant fails to correspond at all, you can write to the Information Commissioner’s Office (ICO) and ask them to investigate.
- If you’ve suffered distress or anxiety because of the data breach and you’ve had to go to your local GP or hospital for treatment to cope, any letters or entries from your medical records will serve as useful evidence.
- If your finances have been impacted by a data breach, you can also provide bank statements and credit reports that show this.
To learn more about data breach claims, the process involved and how to gather evidence to prove them, please check out this informative guide by DataBreachClaims.org.uk. In their guide, you can also find more data breach compensation figures too.
A data breach is a security incident in which the confidentiality, security, or integrity of personal or sensitive data is affected in some way. The UK General Data Protection Regulation (UK GDPR) and an updated version of the Data Protection Act 2018 (DPA) are the two main pieces of legislation governing the processing and handling of personal data in the UK.
The Information Commissioner’s Office (ICO) works alongside this legislation as the independent authority designed to take action against those who breach data protection laws. You cannot claim compensation from the ICO, but they can fine any organisations or businesses that expose personal data.
Our data breach compensation calculator can help you estimate how much compensation you could receive should you pursue a data breach claim. Or read on in this guide to see if you could be eligible to receive compensation.
Data breaches can happen in a variety of ways, but not all instances of data breaches can form the basis of a successful claim. To claim for a data breach, the breach must have occurred due to wrongful conduct on the part of the data controller or processor.
Some examples of how data breaches can occur include:
- Hacking: Criminals can use ransomware or other malware to steal personal data from online networks. If a data processor has substandard online security and there is a data breach as a result, you may be able to make a claim.
- Loss of files: An example of this could be if a file containing photocopies of your passport or bank details is stolen or lost, for example, if an HR employee loses your file on public transport.
- Data sent to the wrong recipient: An email or letter containing your personal data could be sent to someone who doesn’t have the authority to access this information.
- Verbal disclosure: This can happen when someone verbally exposes personal data. For example, if a receptionist in a GP surgery reads your personal data out loud from a computer screen, this would be considered a breach.
To find out if you have a valid data breach compensation claim, get in touch with our advisers today. If you do have a strong claim, they could connect you with a No Win No Fee solicitor from our panel.
Data Breach Statistics
According to statistics published by the ICO, there have been 28,369 data security incidents reported from the first quarter of 2019/20 to the third quarter of 2021/22. Of this number, 21,286 of these reported incidents were non-cyber, alongside 7,083 reported cyber-related incidents.
The sector with the highest number of reported incidents was the health sector with 5,205 incidents over this timeframe. This was followed by education and childcare with 3,812.
Due to the personal and often sensitive nature of personal data, those who have their information exposed can feel the impacts of the breach both mentally and financially.
For example, if a criminal steals your bank details, this can have a negative impact on your credit score. Or, if you are a victim of stalking and a data breach exposes your address, this could cause considerable anxiety, Post Traumatic Stress Disorder (PTSD), and depression.
A data breach of any kind can leave you to worry that your personal data is not secure, and could mean that you’re afraid the breach will happen again.
Contact our team of advisors today to find out how our data breach compensation calculator can help you.
As we mentioned earlier, it can be difficult to determine the average data breach compensation amount in the UK. This is because legal professionals determine compensation amounts on a case-by-case basis, as each claim is unique.
This is where a data breach compensation calculator can be useful. With our calculator, you can input the specific circumstances surrounding your claim. This includes the severity of any emotional pain and suffering, as well as any loss of earnings you’ve experienced because of the breach. Your personal calculation is then sent straight to your email address, so you can find out exactly how much you could potentially claim.
Following this, our advisors are on hand to discuss your claim and your valuation with you. If your claim is valid, they could potentially put you in contact with our panel of expert No Win No Fee solicitors.
What Should I Do After A Data Breach?
If you have suffered harm due to a data breach, there are some steps you can take to ensure your claim is as strong as possible. If you choose to hire a No Win No Fee solicitor, they can help you with this process.
Some examples of these steps include:
- Making a complaint: As soon as you find out that your information has been exposed in a data breach, make a complaint to the organisation at fault.
- Contact the ICO: You can also raise a complaint to the ICO. They may then decide to conduct an official investigation; however, they can’t award you compensation.
- Gather evidence: It can be helpful to gather evidence of the harm done as a result of the breach if you intend to make a claim. For example, medical records detailing the psychological harm you might experience, or bank statements showing unauthorised access to funds, could be used to show the impact the breach has had on you.
- Get legal advice: While hiring legal representation is not mandatory, the expert legal knowledge and guidance of a No Win No Fee solicitor can be very helpful during the claims process.
You can use our data breach compensation calculator to see how much you could be owed in a claim. You can also contact our advisors today to find out how our panel of No Win No Fee solicitors can help you through your data breach compensation claim.
When making a breach of data protection compensation claim, you might benefit from working with a No Win No Fee solicitor. They can use their experience to ensure all aspects of your case are covered and inform you on what evidence would be most helpful for your claim for data protection breach compensation.
What does using a No Win No Fee solicitor mean?
- They typically won’t ask for an upfront fee to begin working on your case
- They won’t require you to pay their legal fees if your claim is not successful
- If your claim does succeed, they deduct a success fee from your compensation that is legally capped
Contact us and we can potentially put you in touch with an experienced No Win No Fee solicitor from our panel. They’ll be able to discuss data breach compensation examples. They can also help you with more specific claims, such as how to get medical data breach compensation.
Contact our advisors by:
- Calling on 0800 408 7826
- Filling out our online form
- Using the live chat feature at the bottom of the screen
For more helpful resources, use the links below:
- NHS – Stress
- ICO – Action taken against businesses and organisations
- GOV.UK – More information on data breaches in the UK
If you have any more questions about how to use our data breach compensation calculator, get in touch today.
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