Most of us have login credentials for at least one if not several different services. However, when these credentials are exposed, it can put our personal data at risk. That’s why we have created this guide to making a password data breach claim.
We examine the organisations that have obligations to protect your personal data under data protection legislation, and when you could be eligible to claim compensation if they fail to uphold their legal requirements.
You will also see information on the types of damage you could be awarded compensation for following a successful personal data breach claim and how data breach compensation figures are reached. The final section of our guide focuses on the No Win No Fee contract our highly experienced data breach solicitors can offer their services under.
For more information or to get a free assessment of your eligibility to claim, contact our advisors today. You can get in touch at any time using the contact information given here:
- Call us on 0800 073 8804.
- Start your claim online by completing the form here.
- Use the live chat button at the bottom of the screen.
Select A Section
- How To Make A Password Data Breach Claim
- What Are Password Data Breaches?
- What Are The Impacts Of A Password Data Breach?
- How Much Data Breach Compensation Could You Claim?
- Can You Claim For A Personal Data Breach On A No Win No Fee Basis?
- Further Guidance On Making A Password Data Breach Claim
How To Make A Password Data Breach Claim
In the UK, information rights are upheld by the Information Commissioner’s Office (ICO). The ICO have powers to investigate, reprimand, and impose fines on organisations that violate their obligations under data protection legislation. The two key pieces of which being the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
There are three distinct parties specified under Article 4 of the UK GDPR. These parties are:
- The data controller: the organisation that decides when, why and how your personal data will be processed.
- The data processor: an external agency contracted to process personal data on a controller’s behalf. We should specify that not all data controllers will use external processing services and may choose to conduct data processing themselves.
- The data subject: The identified living individual to whom personal data is related.
Controllers and processors must adhere to the UK GDPR and DPA. Failure to do so could lead to a personal data breach which the ICO defines as a security incident where the confidentiality, integrity or availability of personal data has been compromised.
In order to begin a password data breach claim you will need to show that either the data controller or processor engaged in some positive wrongful conduct that violated their legal duties under the UK GDPR. You will also have to demonstrate that their conduct caused a data breach in which you suffered monetary losses, psychiatric harm or both in order to claim data breach compensation.
Our dedicated advisory team can offer free legal advice, and also assess your eligibility to begin a data breach compensation claim. Contact an advisor today using the details provided above.
What Are Password Data Breaches?
Passwords are combinations of letters, numbers and special characters used as login credentials for various sites, apps and other services, such as online banking.
A password data breach occurs when a password or other security credentials have been exposed. The loss of a password in itself may not specifically be grounds for a claim, due to additional security features such as two-factor authentication and suspicious activity alerts.
However, if the loss of the password results in the personal data behind it being accessed by unauthorised persons, then you may have grounds to claim if your case meets the other eligibility criteria.
Talk to our advisors today for further information on this type of data breach.
What Are The Impacts Of A Password Data Breach?
Personal data is information that can be used to directly or indirectly identify a living individual. There is, therefore, a broad range of information that could be classed as “personal data”, but some examples include your name, contact information, address and bank and credit card details.
The UK GDPR also details “special category” of personal data, data that is deemed to be of greater sensitivity and, subsequently, demands a higher standard of protection. Examples of special category data can include sensitive date such as health data, information relating to political or religious views, trade union membership or data concerning race and sexuality.
All the examples of personal data given can be protected by passwords. If those passwords are compromised, then you could potentially suffer financial harm and lose money, or suffer considerable psychological distress due to sensitive personal information being exposed. For example, an email containing your online bank account password could be sent to the wrong email address in human error resulting in someone gaining access to your online accounts. This could lead to both financial loss in the form of stolen funds as well as stress and anxiety.
You can discuss your particular circumstances further with one of our friendly and dedicated advisors. Not only can the team answer any questions you may have regarding the password data breach claims process, they can also assess the validity of your potential claim free of charge. Talk to a team member today using the contact information provided below.
How Much Data Breach Compensation Could You Claim?
Compensation for a data breach can be awarded for both material and non-material damage. Material damage refers to monetary losses that stem from the personal data breach. This can include money being stolen directly from your account or pension, fraudulent purchases being made using your funds as well as the knock-on impacts on your credit score.
Non-material damage refers to psychiatric harm. A personal data breach can be a very distressing time, and you can claim compensation for these psychological consequences.
Calculating a potential compensation figure is a task one of our solicitors could help with if you choose to instruct them to represent your password data breach claim. The legal team who are assigned this particular duty can make reference to any medical evidence alongside the guidelines from the Judicial College when valuing the non-material damage aspect of your settlement.
Commonly referred to as the JCG, this highly detailed publication contains compensation guidelines for various different injuries. We have used the JCG figures, with the exception of the top entry, to fill out our table here.
Compensation Table
Please be advised that the figures from the Judicial College Guidelines are not guaranteed sums. We, therefore, cannot guarantee a specific value for data breach compensation claims.
| Injury | Severity | Guideline Compensation Value | Notes |
|---|---|---|---|
| Very Serious Mental Harm with Significant Material Loss. | Very Serious | Up to £250,000 and above | The injured person will have experienced very serious psychological distress as well as material damage such as lost earnings, money being stolen from their accounts and an adverse impact on their credit score. |
| General Psychiatric Damage | Severe (a) | £54,830 to £115,730 | Severe problems affecting multiple areas of the injured person's life. The prognosis will be very poor. |
| Moderately Severe (b) | £19,070 to £54,830 | Significant problems across various aspects of daily life including, work, personal relationships and education, although the prognosis will be more optimistic. | |
| Moderate (c) | £5,860 to £19,070 | A good prognosis and marked improvement. | |
| Less Severe (d) | £1,540 to £5,860 | Award levels will consider the length of the disability period as well as the impact on daily activities and sleep. | |
| Post-Traumatic Stress Disorder (PTSD) | Severe (a) | £59,860 to £100,670 | Severe post-traumatic stress disorder involving permanent effects across all aspects of life that prevent the person returning to a pre-trauma level of functionality. |
| Moderately Severe (b) | £23,150 to £59,860 | Significant disability for the foreseeable future even with professional help, although there will be a better prognosis than in (a). | |
| Moderate (c) | £8,180 to £23,150 | Cases involving a large scale recovery and no gross disablement stemming from any continuing effects. | |
| Less Severe (d) | £3,950 to £8,180 | Virtual recovery after one or two years with only minor symptoms persisting over longer periods. |
Material Damage
As we said above, material damage refers to financial losses. In addition to theft or fraud, you could also receive compensation for a loss of earnings if you need time off work to recover from psychiatric harm.
You need to provide evidence on any monetary damage. As such, you should keep hold of bank statements, credit reports, and wage slips to provide in support of your case.
This section is intended to provide you with guidance on how data breach compensation is calculated. To get a more in depth estimate of what you could potentially claim in your particular circumstances, contact our advisors today.
Can You Claim For A Personal Data Breach On A No Win No Fee Basis?
If you have suffered material or non-material damage as a result of your password and personal data being exposed due to the positive wrongful conduct of a data controller or processor, you may be eligible to begin a password data breach claim.
Our team can assess the validity of your potential claim for free. If they deem your claim is valid, they could put you in touch with one of our expert data breach solicitors. Our solicitors can offer legal services under a Conditional Fee Agreement (CFA), a type of No Win No Fee contract.
The CFA gives claimants some key advantages. For example, you will not be paying the solicitor to begin working on your case or during the actual claims process, in most circumstances. There will likewise be no fee to pay for their work should the claim fail.
A successful claim will see you awarded a data breach compensation payout. Before your claim gets underway, you and the solicitor will agree to a success fee, payable as a percentage of your compensation should the solicitor win your case. Because the maximum percentage that can be charged for this success fee is legally capped, claimants will keep most of their compensation.
At Legal Expert, our advisors are available around the clock to address any concerns you may have and provide further guidance regarding claiming compensation. The team can offer a free consultation regarding your eligibility to claim compensation so get in touch today using any of the following details:
- Call us on 0800 073 8804.
- Start inquiring about your claim online by completing the form here.
- Use the live chat button at the bottom of the screen.
Further Guidance On Making A Password Data Breach Claim
We have included these links to some of our other data breach claims guides:
- You may be eligible to claim for a personnel records data breach if your employer failed to adequately protect your personal data. Learn more in our helpful guide.
- An energy company data breach could put a significant amount of your personal data at risk. Read more about claiming compensation with this guide.
- If your banking details were breached, you could experience substantial financial impacts. Find out if you could claim compensation here.
You can also browse these external resources for additional information:
- The NHS has published this guidance on recognising the symptoms of anxiety, fear and panic, and how you can access support.
- The UK Government has posted this resource regarding data protection and your business to help employers manage both employee and staff data safely.
- You can learn more about getting copies of your information on the ICO website.
Thank you for reading this guide to making a password data breach claim. You can get further advice by speaking to one of our friendly advisors. The team can also assess your eligibility to claim for additional charge. Get in touch today using the contact information provided above.
