Our guide explains when you could be eligible to make a breach of sensitive information data protection compensation claim. To introduce our guide, we highlight the eligibility requirements for a data breach claim and how legislation is in place to protect your rights.
We also define what sensitive data is and what harm a data breach could cause. Additionally, our guide looks into the time restrictions to be aware of when you are thinking of putting a claim forward.
Furthermore, we also outline how compensation for a data breach is calculated and what kinds of damage you could suffer if your personal information is compromised.
To finish our guide, we conclude by exploring No Win No Fee agreements and what you can expect if a solicitor proposes such an arrangement.
To discover more about making a sensitive information data breach compensation claim, please continue reading our guide.
You can also speak directly with a member of our team if you wish to discuss your claim with someone. Our advisors can offer guidance and further information on what you can do if your data has been breached.
To contact our team, please use the methods below:
- Talk to us on 0800 073 8801
- Start a claim online through our details form
- Connect with an advisor live through our chat feature
Select A Section
- Breach Of Sensitive Information Data Protection Compensation Claims
- What Is Classed As Sensitive Data?
- Limitation Periods To Claim For Breaches Of Sensitive Information
- What Breach Of Sensitive Information Data Protection Compensation Could You Claim?
- Start Your Breach Of Sensitive Information Data Protection Compensation Claim
- Related Data Protection Breach Claims
Under the UK GDPR, to make a claim for data breach compensation, you must be able to prove:
- An organisation that has a responsibility for your personal data failed to comply with data protection laws.
- This led to your personal information being involved in a data breach.
- Because of this, you have suffered psychological or financial harm.
The Information Commissioner’s Office is an independent public body in charge of upholding your freedoms and rights in regard to data protection. They define a personal data breach as a security incident affecting the availability, integrity and confidentiality of your personal data.
Two main entities are responsible for securing your personal data these are data controllers and data processors. A controller is responsible for making decisions regarding the collection of your data, and a processor typically works on behalf of or under the instruction of a controller.
To learn more about making a claim for the breach of sensitive information data protection compensation, please continue reading our guide.
Personal data usually consists of your name, address, phone number, or email address. However, there is also personal data that is considered sensitive information, and this comes under the heading of special category.
This data requires more secure protection during the handling process due to the nature of the information. This can include personal information relating to:
- Race or ethnicity
- Political opinions
- Health and genetics
To learn more about the steps you can take after your sensitive information has been involved in a compromise, please get in touch with our team.
When you are beginning the proceedings of your data breach claim, it will be useful to have knowledge of the time restrictions when doing so.
You will usually have six years to start a claim after a data breach. This reduces to one year if it is against a public body.
Further guidance on time limits can be provided by our advisors, so please don’t hesitate to contact us for more information.
If your breach of sensitive information data protection compensation claim is successful, you will be compensated for the damage suffered. The focus of this section is non-material damage, which refers to the emotional distress you have been caused because of your data being compromised.
Solicitors can look to the Judicial College Guidelines JCG to help them when determining your award. You could receive compensation if you, for example, suffered anxiety due to a personal data breach.
The figures from the JCG compensation brackets are depicted in the table beneath. However, it is for guidance purposes only, as the calculation of compensation tends to be judged depending on the unique details of each claim.
|There are severe issues in dealing with work and familial relationships, as well as potential vulnerability in the future and a very poor prognosis.
|£54,830 to £115,730
|Moderately Severe (b)
|Employment and relationships are proving to be difficult to cope with and the problems are significant but the prognosis is a lot more promising.
|£19,070 to £54,830
|There is evident advancement by trial and the prognosis is good despite persisting problems in coping with the categories referred to above.
|£5,860 to £19,070
|Less Severe (d)
|The period of disability and the impact on everyday routines is considered.
|£1,540 to £5,860
|Post-Traumatic Stress Disorder
|The permanence of the effects prevent the person from returning to a life pre-trauma.
|£59,860 to £100,670
|Moderately Severe (b)
|There is a much better prognosis in comparison to the above category and a likelihood for partial recovery if help is sought from professionals.
|£23,150 to £59,860
|Any continuing impacts do not cause great disability and the recovery has largely occurred.
|£8,180 to £23,150
|Less Severe (d)
|A virtually full recovery has been made within one to two years. Symptoms that persist are minor.
|£3,950 to £8,180
For further information on what you could be entitled to, please call us.
The other type of harm you could experience after a data breach is material damage. This refers to the financial losses you have experienced due to the breach.
For example, if the breach involves your bank information, it could mean that you suffer monetary losses as a result.
A fraudster could potentially make illegal withdrawals or purchases if they access this information. Any documentation concerning your finances, such as bank statements or credit reports, can illustrate the material damage you have incurred.
You may be interested in working with No Win No Fee data breach compensation claim solicitors. When you are starting your claim, the services of a solicitor could be quite helpful in regard to knowing what to expect when doing so.
Their familiarity with the area of law which concerns your claim and their previous experience can be beneficial to your data breach claim.
If they propose to work on a No Win No Fee basis, a Conditional Fee Agreement is a common arrangement to put forward.
These typically mean that the payment of your solicitor will depend upon the outcome of your claim.
If your claim is unsuccessful, you will not pay for the services which they have provided.
Alternatively, a successful claim will mean that your solicitor can take a success fee. This is a percentage of your compensation which they deduct.
The Conditional Fee Agreements Order 2013 places a restriction upon this, though it will usually be a point of discussion prior to your deciding to enter the agreement.
Get In Touch With Our Team
If you would like to talk about your claim-related questions in more detail, please don’t hesitate to get in touch with our team. Our advisors are available to provide you with further guidance about your claim and your circumstances.
To reach a team member, please use a method below:
- Call us on 0800 073 8801
- Contact us through the completion and submission of our web form
- Refer to our chat window to start a live conversation
Thank you for reading our guide on when you could make a breach of sensitive information data protection compensation claim.
More of our guides:
- Can You Sue A Company For A Data Breach?
- How Do You Report A Data Breach To The ICO?
- A Data Breach Made My Mental Health Problems Worse, Could I Claim?
External sites that may be useful: