How To Make Breach Of Information Compensation Claims

Breach of confidentiality compensation claims guide

Breach of information compensation claims guide

This guide will explain if it is possible to make breach of information compensation claims. Organisations may need to collect personal information from employees, customers and other stakeholders. These organisations are very often known as data controllers. Sometimes controllers will hire data processors to process this information on their behalf.

Under laws such as the UK General Data Protection Regulation UK GDPR and the Data Protection Act 2018 DPA, data controllers and processors are responsible for protecting the personal data they handle. This guide will look at what steps you can take as a data subject if these laws are breached, and your personal information is affected.

Our claims team can answer any questions you have in regard to breach of information compensation claims. If they can see that you have solid grounds to make a personal data breach claim, they can connect you with one of our No Win No Fee data breach solicitors.

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What Are Breach Of Information Compensation Claims?

Personal data is information that is processed digitally or in a physical form that can be used alone or in conjunction with other information to identify a living person.

Under the UK GDPR and the DPA 2018, personal data should be protected to prevent it from being breached. A personal data breach can happen when personal information is involved in a security incident. Personal data that is accessed without authority or verbally disclosed, lost, stolen, altered, destroyed or deleted accidentally or unlawfully has been breached.

A data breach can happen because of human error. For example, a company can send a letter containing personal information to the wrong address even when the correct address is on file.

However, some data breaches are intentional. For example, cybercriminals may hack into a private healthcare provider’s patient database to steal health data. Consequently, the criminals may use the information to blackmail the patients.

It is vital that data controllers and processors comply with data protection laws. If they fail to protect personal data in accordance with the UK GDPR and the DPA 2018, they become liable should a breach cause harm.

For organisations to correctly protect personal information, they could:

  • Firstly, the organisation must train their staff and have robust internal processes to protect the data.
  • Secondly, the organisation must invest in security measures to defend against external threats.
  • Finally, it is important to limit the number of employees who have data access

What Information Is Protected By The UK GDPR?

A data controller is usually an organisation or company that has control over the means and purpose of processing your personal data. But who could be classed as a data controller?

Below we look at organisations that could be categorised as data controllers:

  • Schools 
  • An employer
  • The NHS or a private healthcare provider
  • A bank or building society
  • A Local Authority

What information could these controllers collect:

  • Name and contact details
  • National insurance number
  • NHS number
  • Debit and credit card details
  • Passport number
  • Driving licence number

As well as this personal data, there is also personal information that is known as special category data. It is distinct from the data above because of its sensitive nature and affords extra protection from data protection laws.

Special category data could include;

  • Biometric and genetic data
  • Health data
  • Ethnic and ethnicity data
  • Religious and philosophical beliefs
  • Trade union membership
  • Sex life and sexual orientation

To find out if you can make a claim if your personal information has been breached, reach out to our claims team today, and they can answer your questions in a free consultation.

Time Limits To Make Breach Of Information Compensation Claims

Is there a time limit for making breach of information compensation claims? In order to have a valid personal data breach claim, you not only have to meet the criteria we have mentioned above, but you also have to be within the relevant time frame to begin the case.

In most circumstances, the time limitations below will apply:

  • You have 6 years to begin a personal data breach claim.
  • However, this is reduced to just 1 year when making a claim against a public body.

There may be some exceptions to these time limits when making breach of information compensation claims, so why not call our advisors to see if you are still in time to begin a personal data breach claim?

Calculating Breach Of Information Compensation Claims

What types of damages can be awarded in breach of information compensation claims? Successful personal data breach claims can be awarded two different types of damage.

  • Firstly if you have suffered material damage such as loss of money, stolen funds or fraudulent purchases made in your name that have affected your credit score, you could receive compensation to reimburse you.
  • Secondly, if you have suffered non-material damage such as emotional distress and mental health injuries, compensation will be awarded to cover this.

We have referred to the 16th edition Judicial College Guidelines JCG for the bracket amounts in the table. The JCG can be used by data breach solicitors when calculating a value for non-material damage. As material damage is more specific to the individual, this can only be calculated on a case-by-case basis.

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Type Of Mental Health Injury JC Compensation Guidelines About This Injury
Post -Traumatic Stress Disorder – (A) Severe £59,860 – £100,670 Severe cases will involve permanent effects. These may prevent the person functioning at the same level as before or working at all. All parts of the person’s life could have been affected.
Post -Traumatic Stress Disorder – (B) Moderately Severe £23,150 – £59,860 This bracket is distinct from the severe category above. The person has a better prognosis and can make some recovery with professional help.
Post -Traumatic Stress Disorder – (C) Moderate £8,180 – £23,150 The claimant should largely have recovered from their injury. If there are any continuing effects, these should not be grossly disabling.
Post -Traumatic Stress Disorder – (D) Less Severe £3,950 – £8,180 The person should have made a near full recovery. This will have happened in 1 to 2 years.
Mental Health Injury – (A) Severe £54,830 – £115,730 Compensation guidelines take account of factors such as what impact the injury has had on someone, such as on their relationships, their ability to work and ability to continue in education.
Mental Health Injury – (B) Moderately Severe £19,070 – £54,830 Significant problems but a much more optimistic outlook.
Mental Health Injury – (C) Moderate £5,860 – £19,070 Claimants will have experienced a marked improvement by the time their claim reaches trial. They will also have a good prognosis for recovering in the future.
Mental Health Injury – (D) Less Severe £1,540 – £5,860 Damages could take account of how long any symptoms lasted for.

Please be aware the claims process can be complex, so if you win your claim, you may receive a different compensation payment than what is included in this table. If you contact us to enquire about claiming, we can estimate how much your compensation payment could be worth.

Begin Your No Win No Fee Claims For A Breach Of Information

Please contact us today to learn more about a breach of information compensation claims. You can speak to an advisor about your situation. If there is enough evidence to support your claim, we can provide you with a skilled solicitor. Your data breach solicitor could handle your claim as a No Win No Fee case.

What Are The Benefits Of Using A No Win No Fee Solicitor?

  • Generally, there are no upfront solicitor fees to pay.
  • If you win your personal data breach claim, the solicitor can take a capped amount from the compensation for their success fee.
  • If the claim fails, there is no success fee to pay the solicitor.

Please contact us today to enquire about making your data breach compensation claim.

Breach Of Information Compensation Claims Resources

You can use these online guides to learn more about making a data breach claim.

What Are My Rights Should An NHS Data Breach Involve My Data?

Rights After A Mortgage Provider Data Breach

What Are My Rights After A Nursery Data Breach?

The 7 Key Principles of the UK GDPR – an ICO guide

Be data-aware – an ICO guide

An NHS guide –  post-traumatic stress disorder (PTSD)

To find out more about breach of information compensation claims, call our advisors for free today.