The amount of compensation that you may receive from a data breach claim will depend on the type of breach that has taken place, the nature of the information that has been breached along with the risk level and if you have suffered distress as a result.
How much compensation can you claim for a data protection breach?
Data protection breach compensation amounts vary from case to case depending on the type of claim that has been made and the severity of the distress or damage caused to the claimant. Cases involving ‘low risk’ personal information that is unlikely to lead to serious distress can be settled from between £750 and £1000 in compensation.
It should be noted that this should be considered the lowest end of the spectrum, and whilst it’s important that data protection breaches of all kind should be reported to the ICO, many solicitors will not consider taking on any cases of a lower value as they will not be able to take a suitable fee for their time spent processing the claim.
How much is the average compensation for breach of the Data Protection Act?
Our experts value the average compensation for breach of the Data Protection Act is between £1,000 and £42,900. In some cases, you may be able to claim more compensation for personal data breach that causes you distress though this again can vary from case to case.
You can use the following figures as a rough guide to the amount of compensation that you may be able to receive as a result of different kinds of breaches:
Breach of an individual's name, date of birth, home and email addresses - £1,000 - £1,500
Breach of medical records - £2,000 - £5,000
Breach of financial information - £3,000 - £7,000
Breach which causes depression or illness - £25,700 - £42,900
How much money have previous data breach victims been compensated?
The amount of money that previous data breach victims have been compensated has risen over the years, with initial breaches of the Data Protection Act only winning around £2,500 in damages related to disclosure of private information. However, as organisations have been accruing more personal information, more cases have been going to court, resulting in more precedents and case law being set.
The vast majority of data breach claims are settled outside of court, however the amount of compensation that is settled on is usually informed by cases that are similar in nature.
Wooley & Wooley v Nahid Akbar Or Akram [2017] SC Edin 7 - CCTV surveillance carried out by a neighbour - £17,268
Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677 - Disclosure of private information in television show - £10,000 per claimant
Alexander Aristides Reid v Katie Price [2020] EWHC 594 (QB) - Disclosure of sexual preferences and lying about retaining Personal Information - £25,000
How can we help you claim compensation for a data breach?
Any organisation that holds your personal data has a legal obligation to keep it secure and out of the hands of cyber criminals. When a data breach occurs, anyone who is affected is likely to have grounds to claim compensation. We are already acting for clients who have impacted by many different data breach, so will be well placed to provide effective support if you believe that you have been affected.
Our expert team will be able to advise you on whether you are likely to have grounds to make a claim, let you know what you need to do start a claim and help you understand the sort of compensation you could receive.
Our aim to is to ensure that anyone affected by a data breach can access the compensation they deserve, while making the claims process as straightforward and stress-free as possible.
What to do if you are worried about a data breach?
If you have been affected by any data breach, then the company should have already been in touch with you to inform you of the situation. If you have not received any correspondence, and you are concerned that your information has been compromised, you should get in touch with the business or organisation as soon as possible.
It is always possible that, following any sort of data breach, personal data can fall into the wrong hands and be used for malicious or fraudulent purposes.
It is important to be vigilant of any emails, phone calls or communication from anyone. These may be ‘phishing’ attacks designed to extract further personal information from you.
Evans Hughes make starting your Data Breach claim easy. We have a team of experts who are on hand to talk you through the process. There is no obligation to use our service after we have performed our initial checks.
If you are one of the thousands in the UK that might have been affected by a Data Breach, contact one of the Evans Hughes team today and we will be in touch to talk you through the next steps.
There are no up front costs, and any payments to us will simply be deducted from your compensation award should your claim be successful.
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