Personal data breaches can occur in a number of ways, such as a cyber attack or due to human error, such as sending an email to the wrong email address. If you have suffered financial harm or emotional harm due to a data breach, you may be wondering, ‘Do I need to work with data breach lawyers near me?’.
This guide examines whether you need to work with a data breach lawyer near you. It also examines the data breach laws that are in place to protect your personal data and when you could be eligible to begin a data breach compensation claim.
Furthermore, we discuss what a data breach lawyer can do to help you throughout the claims process and how compensation for a data breach claim is valued.
If you have an eligible personal data breach claim, you could be connected with our specialist lawyers. Our data protection lawyers can support their clients on a No Win No Fee basis, and we will discuss the benefits of making a claim with a solicitor under this arrangement.
You can also speak with one of our advisors. They can answer any questions you may have about the data breach compensation claims process as well as check the validity of your particular case. You can reach them today via one of the following contact methods:
- Call 0800 073 8801.
- Start your claim online.
- Get live advice using our chat box.
Jump To A Section
- Do I Need To Choose Data Breach Lawyers Near Me?
- Can I Claim Compensation For A Breach Of Data Protection?
- How Could A Data Breach Lawyer Help Me?
- How Much Could I Claim With Data Breach Lawyers?
- Why Choose One Of Our No Win No Fee Data Breach Lawyers?
- Are There Other Ways Data Breach Lawyers Near Me Could Help Me?
Do I Need To Choose Data Breach Lawyers Near Me?
If your personal data has been involved in a breach, you may be asking yourself, “Do I have to work with data breach lawyers near me to claim compensation?”. The simple answer is no.
You are not restricted to working only with lawyers who are local to you. Many lawyers can now help you with your claim remotely, either online or by telephone. In most cases, you will not need to meet with a solicitor in person.
If you have an eligible data breach claim, instead of finding a solicitor local to you, it is most important to instruct one that specialises in data protection claims and would be the best suited for your circumstances.
Get in touch with an advisor today for more information about choosing the right data breach lawyer for your potential claim.
Can I Claim Compensation For A Breach Of Data Protection?
Personal data is any information that can identify you either directly or in combination with other information. For example, your name, email address, postal address, and banking details are all classed as personal data. Special category data is personal data that is sensitive and needs extra protection. For example, data concerning your racial or ethnic origin, data concerning your sex life, and data concerning your health, such as medical data.
The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) are the data protection laws that are in place to protect your personal data while it is stored, handled, and processed. These legislations outline the responsibilities of data controllers and processors.
Data controllers decide how and why your personal data should be processed. They are usually organisations. Data processors are responsible for processing your personal data on behalf of the data controller. They are usually an agency or organisation separate from the data controller.
Thus, if a data controller or processor does not adhere to data protection laws, your personal data could be compromised in a breach.
A personal data breach can be defined as an accidental or deliberate security incident in which the confidentiality, availability, or integrity of your personal data is affected.
Article 82 of the UK GDPR establishes the criteria you need to meet to be able to begin a personal data breach claim:
- The data controller or processor did not adhere to data protection laws.
- Due to this, your personal data was compromised in a data breach.
- You have suffered financial or emotional harm as a result of this personal data breach.
How Long Do I Have To Start A Data Breach Claim?
You need to make sure that you start legal proceedings for your data breach compensation claim within the standard time limit to be still eligible to claim compensation, which is:
- Usually 6 years. Or,
- If the claim is against a public body, 1 year.
Contact our advisors today on the number above to confirm whether you may have a valid personal data breach compensation claim.
How Could A Data Breach Lawyer Help Me?
You may also be wondering, ‘How could data breach lawyers near me help with my claim?’. Data breach solicitors and lawyers can help you with various aspects of your claim. For example, they could ensure your claim is filed within the time limit and negotiate a settlement for you.
Additionally, they could help you gather evidence to support your case. Some examples of evidence they could help you collect include:
- Proof of the personal data breach: You may have received a letter or email confirming that your personal data was compromised in a breach. This correspondence could be used as evidence.
- Findings from an investigation by the Information Commissioner’s Office (ICO): The ICO is an independent body that upholds information rights. You can report a data breach to the ICO within the last three months of meaningful communication with the organisation responsible for the breach. They may then investigate this breach, and their findings could be used as evidence in your claim.
- Proof of mental harm suffered: This could include your medical records or a letter from a psychologist confirming the psychological injury you have suffered due to the breach.
- Proof of financial harm suffered: For example, your payslips could help with proving any lost earnings.
To see whether one of our lawyers could help support your claim, you can contact our team of advisors.
How Much Could I Claim With Data Breach Lawyers?
If your personal data breach claim is a success, you could be awarded compensation for a couple of types of damage – material and non-material damage. To claim data breach compensation, you don’t need to have suffered both types of damage.
Non-material damage is the mental harm you have suffered because of the personal data breach. For example, you may suffer from post-traumatic stress disorder (PTSD) or anxiety due to a UK GDPR data breach that compromised your personal data.
While your non-material damage is being valued, the Judicial College Guidelines (JCG) may be used for guidance. The JCG contains guideline compensation figures for various types of psychological and physical harm.
Compensation Table
Below we have provided you with a compensation table that lists different compensation guidelines for various psychological injuries. These have been taken from the JCG, aside from the first entry.
It is important to note that this table should only be referred to as a guide
| Injury | Severity | Guideline compensation figures | Notes |
|---|---|---|---|
| Very serious mental damage and significant financial losses | Very serious | Up to £150,000+ | An award for sustaining very serious mental damage along with significant financial losses, such as loss of earnings. |
| Psychiatric damage | Severe (a) | £54,830 to £115,730 | There is marked problems associated with factors such as relationships with friends and family and the ability to cope with life and work. Also, the prognosis is very poor. |
| Moderately severe (b) | £19,070 to £54,830 | There is significant problems associated with the factors such as above. However, the prognosis is more optimistic than above. | |
| Moderate (c) | £5,860 to £19,070 | The prognosis is good and a marked improvement by trial will be made despite suffering with various problems. | |
| Less severe (d) | £1,540 to £5,860 | The length of time of disability plus the extent to which sleep and daily activities are affected are considered for this award. | |
| Post-Traumatic Stress Disorder (PTSD) | Severe (a) | £59,860 to £100,670 | The effects will be permanent and stop the person from working or functioning at anything similar to the pre-trauma level. |
| Moderately severe (b) | £23,150 to £59,860 | There will still likely be significant disability for the foreseeable future. However, with professional help, there will be some recovery and the prognosis is better. | |
| Moderate (c) | £8,180 to £23,150 | The continuing effects will not be disabling. The person will have mostly recovered. | |
| Less severe (d) | £3,950 to £8,180 | Within 1-2 years there will be a full-recovery. Only minor symptoms will last longer than this period. |
How Compensation For Material Damage Is Calculated
Material damage refers to the monetary losses you have experienced due to the data breach. For example, you may have experienced a loss of earnings due to taking time off work due to the effects of your psychological damage.
As aforementioned, you will need to present evidence of your non-material damage to be able to claim for them as part of your compensation settlement.
Get in touch with our team to find out more about how much compensation could be awarded for your particular personal data breach claim.
Why Choose One Of Our No Win No Fee Data Breach Lawyers?
If you have an eligible personal data breach claim, one of our No Win No Fee data breach lawyers could help you through the claims process. Specifically, our lawyers can offer to represent you under a Conditional Fee Agreement (CFA).
Some of the benefits of being represented under a CFA include not being charged for your solicitor’s work unless your claim is successful. This means that there are no upfront or ongoing service fees or any charges for your solicitor’s work if your claim loses its case.
If your claim is successful, a success fee will be taken out of your compensation. Success fees are a percentage of your compensation. There is a legal cap on what the maximum percentage can be. This helps ensure that the majority of your compensation goes to you.
Contact Us
If you are still wondering, “Do I need to work with data breach lawyers near me for my claim?”, you can contact our team of advisors. In addition to answering your questions, they can offer you free advice for your case and potentially connect you with one of our No Win No Fee data breach compensation claim solicitors or lawyers.
You can reach our advisors today using the following contact details:
- Call 0800 073 8801
- Start your claim online.
- Get live advice using our pop-up chat box.
Are There Other Ways Data Breach Lawyers Near Me Could Help Me?
Read our similar guides:
- How to make a claim against the local authority and council if your personal data was breached.
- Find out what your rights are after an employer data breach and when you could claim compensation.
- Learn how human error could cause a data breach, and when you could claim for one.
Additional external resources:
- Gov.UK – what rights data subjects have regarding data protection.
- NHS – where to access mental health services near you.
- ICO – advice on whether organisations need your consent to use your personal data.
Contact our advisors today if you still have any questions regarding data breach claims, such as ‘Do I need to claim with data breach lawyers near me?’.