Can I Claim for a Data Breach?

"Our Data Breach Lawyers can normally tell you in minutes if we think you have a valid claim to make!"

Claiming for data breach compensation

Our initial advice is entirely on a no obligation basis.

Each case should be assessed on the facts and circumstances of what has happened, but we can guide you here so you know more about whether you may have a valid data breach compensation claim.

Please make sure you get in touch to find out for sure though!

If information about you has been leaked, hacked, or given to someone without your authority, you may be entitled to claim for Data Breach Compensation.

This could be:

  • Medical information - like medical records or information about conditions you suffer from
  • Disability information - which is often understandably private and sensitive
  • Personal contact details - like full names; telephone numbers; addresses
  • Financial information - such as salary information; savings; bank statements and transactions
  • Confidential legal matters - information surrounding a claim or legal case / dispute you may be involved in
  • Any information that should be treated confidentially as a matter of course

Organisations who hold data about you - often referred to as Data Controllers - have a very clear and important duty in law to protect your data from being shared without your authority, and this includes making sure information is not leaked or hacked.

Even if your information is hacked it is still the responsibility of the organisation!

Information about you should never be shared with anyone who doesn't have authority to see it, or a sound reason to see it. A doctor may refer medical information to a surgeon at a hospital for your own well-being and health, but you wouldn't expect them to be sharing your personal medical information with their friends and family.

The most common ways that people become a victim of a Data Breach is when information is accidentally leaked to another person, or where it is hacked as part of a cyber attack. In both these scenarios you are entitled to claim for data breach compensation.

Whether you can claim can often come down to the nature of the information that has been leaked or hacked, and who has seen it.

What can you claim for with a data breach claim?

This can depend a lot on the nature of the information leaked and the impact it has had on you.

Data Breach victims typically claim for the distress caused by the Data Breach, which can be substantial when the information leaked is something like confidential medical information. Breached data can lead to people being unable to work if information is shared to colleagues or an employer, and it can lead to serious breakdowns in relationships as well. All of this is taken into account to make sure that any Data Breach victim is fairly and appropriately compensated.

When you make a claim for Data Breach compensation you can claim for the suffering caused as well as any financial losses and expenses as well; which is particularly important if a breach has resulted in you being unable to work, or where you have been the victim of fraud due to a Data Breach and have lost money or had money stolen.

In cases of identity theft stemming from the breach of personal information, this can be huge.

Some of the things we take in to account are:

  • General compensation for being a victim
  • Distress, anxiety, worry
  • Recognised psychological conditions caused
  • Lost earnings from time off work or from leaving employment
  • General financial losses or expenses caused
  • The cost of any private treatment (like counselling)
  • The general affect on your social and domestic life
  • Defamation proceedings

How much can you claim for?

It's very important to stress that the amount you claim for is down to the individual factors of your case. Minor breaches can allow claims to be settled for a few thousand pounds, but general medical data breaches can attract payouts around the £15,000.00 to £20,000.00 mark.

A good example of how it can come down to the nature of the case is the famous News International Phone Hacking Scandal you may recall from a few years ago. There were some notable payouts as a result of the scandal:

  • Paul Gascoigne (former England football player): £188,250
  • Sienna Miller (actress): £100,000
  • Shane Ritchie (actor): £155,000
  • Sadie Frost (actress): £260,250

Another former footballer, Gordon Taylor, reportedly received £700,000!

Who will you claim from?

You will normally make a claim against the "Data Controller" who has the responsibility for your information. This could be a private company like a telecommunications firm, or it could be a public body like the NHS or your local council.

Private organisations and public organisations have the same responsibilities to ensure you are not the victim of a Data Breach, and you are free to claim against them if they have negligently mishandled or misused your private information.

Most organisations are either insured or have money set aside for people to claim from in the same way people claim for personal injury or financial losses.

Are claims confidential?

So, as a Data Breach victim, you may already have lost faith in an organisation's ability to protect your data! With this in mind, it's important for you to know how we can help you to claim confidentially.

Here are some useful assurances for you:

  • We, as a real Data Breach Law Firm, have a Duty of Confidentiality to you
  • We use market-leading software to secure cases with only the right people accessing your case information
  • We can use a password system for documents we send to you and when we speak to you over the phone
  • Although Court proceedings are unlikely in most cases, we can ask the Court to make any proceedings, we do have to launch, completely confidential

You can therefore rest assured that you can claim confidentially and safely in the knowledge that your claim information is secure.

And because we're a real Data Breach Law Firm, we won't be referring your case anywhere else because we are NOT a claims management firm or advice service. We both advise you and actually represent you as well.

There's loads of ways you can contact us - either by phone on our 24/7 hotline, or by email, or by completing a Contact Form to arrange a dedicated appointment with one of our team.

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