By Lewis Hendrix. Last Updated 28th July 2023. Have you suffered anxiety due to a UK GDPR data breach? In this article, we will explain who is eligible to make a claim following a personal data breach.
A personal data breach can affect many aspects of your life. For example, you may worry that criminals will use your data to target you for fraud or identity theft. Or the breach may have exposed sensitive information, which could affect your relationships and private life.
Anxiety due to a UK GDPR data breach claims guide
Reach out to us today to find out if you can claim compensation for a UK GDPR data protection breach. Our team can offer you free legal advice about claiming. Moreover, if our advisors find that you are eligible to make a claim for data breach compensation, an expert No Win No Fee solicitor from our panel may be able to help you.
To get in touch:
- Call us on 0800 073 8801
- Contact us through our website
- Or, speak to a claims advisor using the live chat feature
Select A Section
- What Is Anxiety Due To A UK GDPR Data Breach?
- What Are Psychological Injuries?
- Could A Data Breach Trigger Anxiety?
- How To Claim For Psychiatric Damage
- Average Settlements For Anxiety Due To A UK GDPR Data Breach
- Start Your Claim With A No Win No Fee Solicitor
What Is Anxiety Due To A UK GDPR Data Breach?
Before we look at when you could develop anxiety due to a UK GDPR data breach, let’s explain what a personal data breach is.
Personal data is defined as data which identifies an individual person, such as your full name or email address. The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) state that organisations must take the appropriate steps to protect the data they collect, store, and process.
A personal data breach occurs when a security incident affects the confidentiality of your personal data. These incidents can also affect the integrity or the availability of your personal data.
The Information Commissioner’s Office (ICO) may investigate the breach if an organisation misuses your data. You cannot claim compensation through the ICO, but they may impose a fine on the organisation responsible.
When Can You Claim For Anxiety Due To A UK GDPR Data Breach?
Not every breach of the UK GDPR will from a personal data breach claim. In order to form the basis of a claim, you must suffer harm as a result of your personal data being compromised. Moreover, the breach must occur due to the failings of the organisation responsible for your personal data
Contact our team today to find out if you could have grounds to make a claim.
How Long Do I Have To Claim For Anxiety Following A Data Breach?
Following the UK GDPR data breach that compromised your personal data, you’ll need to ensure you take action before the time limit expires.
You will generally have six years to start your personal data breach claim. However, this time limit is reduced to one year if you are making a claim against a public body.
To find out if you have an eligible personal data breach claim, and to see if you are within the time limit to start one, you can contact our friendly advisory team. After discussing your case with them, they may pass you onto one of our specialist data breach solicitors if they think you may have a strong case.
What Are Psychological Injuries?
You may suffer a psychological injury as a result of a personal data breach. Psychological injuries are injuries that affect your mental health, for example:
- Depression
- Stress
- Anxiety
- Distress
- Post-traumatic stress disorder (PTSD)
For example, if a breach exposes your home address online, this could cause considerable stress and anxiety. In some cases, you may need to undergo a medical assessment in order to prove your injuries.
To find out whether one of our solicitors could arrange a medical assessment in your local area, contact our team of advisors today.
Could A Data Breach Trigger Anxiety?
As we mentioned earlier, a personal data breach can trigger a number of mental health illnesses, including anxiety. Some examples of how you could experience anxiety due to a UK GDPR data breach include:
- If a social services data breach exposes the address of a domestic abuse victim, this could cause anxiety and distress. It could also cause illnesses such as PTSD to worsen.
- If an organisation does not have cybersecurity policies that are adequate under data protection law, this could lead to a cyberattack. This can cause anxiety and distress for those who have their personal data stolen.
- If your credit card details are compromised in a bank data breach, this could lead to criminals making fraudulent purchases, which can in turn cause anxiety and stress.
If you have suffered anxiety as a result of a UK GDPR data breach, contact our advisors today to find out if you could make a claim.
How To Claim For Psychiatric Damage
If an organisation becomes aware of a data breach, and the breach could compromise your freedoms or rights, then the organisation must inform you without undue delay. Similarly, they must report the breach to the ICO within 72 hours.
However, you may come across the breach yourself. If this is the case, you can approach the organisation and make a request for more information. For example, you may ask what information was involved or how the data breach happened.
If you do not receive a meaningful response or the data protection complaint remains unsolved, you can make a complaint to the ICO. This must be within three months of the last meaningful contact you had with the organisation.
You may also wish to seek legal advice. Our advisors can provide this for free, and if your claim is eligible, they may put you in contact with a solicitor from our panel. Get in touch today to learn more.
Average Settlements For Anxiety Due To A UK GDPR Data Breach
If you have suffered anxiety due to a UK GDPR data breach, you may be wondering how much you could claim. There are two heads of compensation that you could pursue in a personal data breach claim. These are:
- Material damage: This provides compensation for the financial impacts you face as a result of the data breach
- Non-material damage: This provides compensation for the emotional and psychological impacts of the breach, such as anxiety, depression, and distress.
The Judicial College Guidelines (JCG) is a text that aids legal professionals in valuing settlements for personal injury claims, road traffic accident claims, and personal data breach claims. Below, you can find a table comprised of figures taken from this text in relation to non-material damage.
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Severe psychological injuries (a) | £54.830 to £115,730 | The claimant suffers with serious problems across areas such as education, relationships and work, resulting in a very poor prognosis. |
| Moderately severe psychological injuries (b) | £19,070 to £54,830 | The person has a more optimistic prognosis though they still face similar problems in daily life as the case above. |
| Moderate psychological injuries (c) | £5,860 to £19,070 | By the time of a trial, symptoms show a marked improvement. |
| Less severe psychological injuries (d) | £1,540 to £5,860 | The award in this case is based on the length of symptoms, and how they affect the daily activities and sleep of the claimant. |
| Severe reactive disorder (a) | £59,860 to £100,670 | There has been a poor prognosis and the claimant suffers severe and permanent symptoms preventing function at the pre-trauma degree. |
| Moderately severe reactive disorder (b) | £23,150 to £59,860 | Some recovery is possible through professional treatment, allowing a more optimistic prognosis. |
| Moderate reactive disorder (c) | £8,180 to £23,150 | A large recovery is achieved, and any remaining symptoms do not have disabling effects. |
| Less severe reactive disorder (d) | £3,950 to £8,180 | A mostly full recovery can be achieved in 1-2 years, with only minor symptoms continuing, if any. |
These figures are guideline amounts only, and the amount of data breach compensation you receive can vary if your claim is successful. Because of this, we cannot provide an average payout for anxiety following a personal data breach. However, our advisors can provide a free consultation and evaluation of your claim.
Start Your Claim With A No Win No Fee Solicitor
You may be eligible to make a data breach compensation claim for the anxiety or mental health injuries you experienced after a personal data breach. Through a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement, our expert solicitors can help you through the claiming process.
Generally, the only fee or cost you have to pay to your solicitor under a CFA is a success fee if your claim succeeds. This is taken as a percentage of your compensation, though this percentage has a legal cap. If your claim is unsuccessful, then you do not pay this fee.
Our advisors can tell you if your claim is valid when you get in touch. To learn more:
- Call us on 0800 073 8801
- Contact us through our website
- Or, speak to a claims advisor using the live chat feature
More Information About Data Breach Claims
For more helpful articles:
- What Are My Rights After A School Data Breach?
- Medical Conditions Data Breach Claims
- How To Make A Data Protection Breach Claim Against A Law Firm
Or, for more resources:
If you have suffered anxiety due to a UK GDPR data breach, contact our advisors today.