How Is My Data Breach Claim Value Estimated?

If you are looking for an estimate of your data breach claim value, this guide may be beneficial to you. We will examine the ways in which payouts are valued as well as the settlement you may receive for a successful claim.

data breach claim value

How is my data breach claim value estimated?

Furthermore, we will discuss on important areas of the claims process. For instance, the eligibility criteria that must be met in order to seek compensation, the time limit to start your claim and the evidence that could be gathered in support of your case. 

Additionally, key legislation outlining the responsibilities certain parties have to protect your personal data will also be explored. We will also provide examples of how they could fail to adhere to data protection laws causing a breach of your personal data.

Finally, we will examine the services a solicitor from our panel could offer you and how these could benefit you when seeking data breach compensation.

If you have any specific questions that you would like to be answered, please get in touch with an advisor from our team who is available 24/7 to offer you free advice. To get in touch: 

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How Is My Data Breach Claim Value Estimated?

When considering your data breach claim value, there are two types of damage that you could receive data breach compensation for. Firstly, you could receive compensation for non-material damage, which is the mental impact that the data breach has caused. This may include stress, anxiety or depression, for example. 

We have included a table of guideline compensation amounts that have been provided by the Judicial College Guidelines (JCG). Solicitors, including those handling data breach claims, can use the figures to help them calculate the value of your mental harm. However, these compensation amounts should only be used as a rough guide. All data breach claims are unique, which means that your settlement could differ. 

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Injury Severity Compensation Bracket – Guidelines Details
(a) Mental Injury Severe £54,830 to £115,730 The injured person has problems that affect different areas of their life, for example their relationships, education or employment.
(b) Mental Injury Moderately Severe £19,070 to £54,830 The same problems as the bracket above but a better prognosis.
(c) Mental Injury Moderate £5,860 to £19,070 Problems coping with different areas of life persists, but there is a positive prognosis.
(d) Mental Injury Less Severe £1,540 to £5,860 The award is based on the timeframe of disability as well as the impact it has on lifestyle.
(a) Reactive Disorder (Psychiatric) Severe £59,860 to £100,670 The affected party is unable to cope at anything approaching pre-trauma levels.
(b) Reactive Disorder (Psychiatric) Moderately Severe £23,150 to £59,860 Effects are likely to continue for some time, though a better prognosis is possible with the assistance of professional help.
(c)Reactive Disorder (Psychiatric) Moderate £8,180 to £23,150 Persisting effects are not overly disabling and a nearly full recovery is made.
(d) Reactive Disorder (Psychiatric) Less Severe £3,950 to £8,180 The injured person has nearly fully recovered within 1-2 years.

Material Damage

Furthermore, you could be awarded compensation for material damage you suffer due to the data breach. This is monetary harm such as: 

  • Loss of earnings 
  • Money taken from your bank account, leaving you in debt and arrears 
  • A credit card or loan taken out in your name 

It is important to gather evidence to display any financial losses incurred. You could do this with a receipt, invoice, bank statement or credit score rating. 

If you would like a more personalised insight with respect to your data breach claim value, please get in touch with an advisor from our team. 

When Could You Claim For A Data Breach?

The data protection laws that certain entities must adhere to when handling your personal data are the UK General Data Protection Regulation (UK GDPR), which works alongside the Data Protection Act 2018 (DPA). 

The parties responsible for adhering to these laws include a data controller or processor. A data controller has the responsibility of deciding how and why your data is processed. In contrast, a data processor acts on the data controller’s instruction.

In order to make a personal data breach claim, you must prove the following took place:

  • There was a failure to adhere to data protection laws, either by the data controller or processor.
  • As a result of their wrongful conduct, your personal data was breached.
  • This caused you to experience monetary damage and mental harm.

Data Breach Claim Limitation Periods

You may be wondering, “is there a data breach claim time limit?”. Generally, you have 6 years to start your claim following a personal data breach. On the other hand, if you are claiming against a public body, you are afforded a 1 year time period. 

Our advisors can answer any questions you may have about the time limitation surrounding claims if you get in touch. Additionally, they can provide further guidance on whether you could be eligible to seek compensation.

What Personal Data Is Protected By The Data Protection Act?

Personal data is anything that can be used to identify a living person, such as:

  • Names
  • Addresses, including a home address, and email address
  • Date of birth
  • Email address
  • Phone number
  • Bank account details
  • Debit card details
  • Credit card details
  • National Insurance number

Additionally, other personal data is afforded extra protection due to it’s sensitive nature. This is known as special category data and can include the following:

  • Racial or ethnic origin 
  • Political information
  • Philosophical or religious information 
  • Trade union membership
  • Biometric or genetic data
  • Health data, such as your medical records

A breach of this information is defined as a security incident in which the availability, confidentiality and integrity of your personal data is compromised. If you meet the eligibility criteria, you could be eligible to seek compensation for the way you have been affected, both financially and psychologically. Get in touch with an advisor to discuss your potential data breach claim value in more detail.

How Could A Personal Data Breach Happen?

There are different types of personal data breaches, including those caused by human error and those resulting from a cyber security incident. Examples of how these could occur include:

  • Physical files, which contain information relating to your finances, are not locked away securely. As a result, they are stolen, and you have several loans taken out in your name. 
  • A doctor sends a copy of your medical records to the wrong postal address, despite having the correct details on file. Consequently, you suffer from anxiety and stress. 
  • An organisation fails to keep their online security systems up to date resulting in a ransomware attack taking place. This leads to your personal data being stolen due to a cyber security incident.

For more details with regard to your potential data breach claim value, please get in touch with an advisor from our team. 

How Do I Prove I Was Impacted By The Breach?

Gathering evidence is a useful way to prove that you’re eligible to make a personal data breach claim. It can also help solicitors accurately estimate your data breach claim value. You can collect evidence in the following ways:

  • Keeping a record of correspondence between you and the organisation responsible for the breach. This could provide details about why the breach happened or what personal data of yours was compromised in the breach. 
  • Having any psychological injuries looked at by a medical professional and keeping a copy of any medical records.
  • Keeping a record of financial losses via receipts, invoices, bank statements or credit score ratings. 

If you have any questions regarding how to gather evidence, please get in touch with an advisor from our team. They could connect you with one of our solicitors to represent your case and help you with the different stages of the claims process.

Contact Us To See How Your Data Breach Claim Value May Be Estimated

Many claimants find it beneficial to work with a solicitor via a No Win No Fee agreement when seeking compensation for a data breach. The solicitors from our panel could ask you to enter into a Conditional Fee Agreement (CFA), which is a particular kind of No Win No Fee contract. 

If you enter into a CFA, there are generally no fees required for the services the solicitor provides upfront or throughout the duration of your claim. Furthermore, if your case is not successful, you won’t have to pay your solicitor. However, in the event of a successful claim, you will owe a success fee. This is legally capped, which ensures you take the majority of your payout. 

If you would like to see if you qualify to be represented on a No Win No Fee basis, please get in touch with an advisor from our team. If you do, they may set you up with a solicitor from our panel.

How To Contact Our Team

As previously stated, our advisors are available any time to offer you a free consultation. Additionally, they can provide further guidance if you would like to see whether you can claim or how much your claim may be worth, please do not hesitate to get in touch. You can:

Learn More About Estimating A Data Breach Claims Value

Here are some more of our guides that may be useful to you when making a data breach claim: 

Moreover, we have provided you with additional reading that might be of benefit:

Thank you for reading this guide. If you are still wondering whether you could be eligible to claim and what your data breach claim value may be if you succeed, please get in touch with our team of advisors.

Guide by BP

Edited by MF/MMI