We've been featured in:

My Data Has Been Breached, What Can I Do?

Many people are concerned about what course of action they should take if their personal data has been breached. You may ask, “what should I do if my data has been breached?” This article has been written to answer that question.

My data has been breached

My data has been breached

We understand that it can be confusing when it comes to figuring out what your next step should be after a data protection breach takes place. That’s what our advisors are here for; to help you better understand the process of making a claim for compensation due to the psychological or financial impact of your personal information being breached.

So, get in touch today. By speaking with us directly, you can receive guidance and advice that is specific to your circumstances. We may be able to put you in touch with our solicitors if you have a legitimate claim. Read on for more information.

Choose A Section

  1. Start By Finding Out If You Were Affected
  2. How Do You Check If Your Data Has Been Breached?
  3. Secure Your Information Or Data
  4. Check For Any Updates About The Data Breach
  5. How Else Can You Protect Yourself In The Future?
  6. My Data Has Been Breached, How Much Could I Claim?
  7. No Win No Fee Data Breach Damages Claims
  8. My Data Has Been Breached, How Do I Contact A Solicitor?
  9. Where Do I Learn More?

Start By Finding Out If You Were Affected

If you’re wondering, “should I investigate myself if my data has been breached?” the answer, is yes, if the organisation hasn’t informed you of a data breach yet. Such an organisation could be a data controller or a data processor. 

Data controllers are organisations that decide why and how your personal data will be used. Data processors are organisations that are sometimes used to process personal information on behalf of the data controller.

Personal data or personal information is anything that can be used to identify you, such as your name or bank details.

A personal data breach occurs when a security incident leads to personal data being unlawfully:

  • Lost
  • Disclosed
  • Destroyed
  • Altered
  • Accessed

This can be accidental or deliberate.

The organisation should advise you of a data breach if ir risks your freedoms and rights. However, they might not always be aware of the breach. 

You should also check for yourself whether or not the data protection breach has affected you. For example, a data controller may have had access to your banking information for official purposes. If this information has been accessed or distributed unlawfully then this could lead to your finances being compromised. You may need to check your bank account, and also get in touch with your bank to see if there has been any suspicious activity.

However, it is not only a financial impact that could lead to you making a claim. You may also be affected in other ways. If you have suffered mentally due to health concerns such as depression or anxiety related to your personal information being breached, you could also be compensated for this.

It’s important to remember that you need to have suffered financial or psychological harm as a result of the data breach. You cannot be compensated if you have not been affected by your information being breached.

You also need to show that the data controller or data processor’s positive wrongful conduct caused the data breach. For example, they may not have trained staff properly in data protection. Alternatively, they may not have used online security measures to protect your personal data.

How Do You Check If Your Data Has Been Breached?

If you’re concerned that a data breach has happend, you should contact the organisation involved. If they don’t provide you with a satisfactory response, you could contact the Information Commissioner’s Office (ICO). This is an independent UK body that is responsible for imposing financial penalties on organisations responsible for the mishandling personal data under legislation such as the UK General Data Protection Regulation (UK GDPR).

They could investigate the matter for you. However, you’d need to contact them within 3 months of the organisation’s final unsatisfactory response about the potential data breach. Waiting longer than this can affect the ICO’s decision on the issue. 

Secure Your Information Or Data

If your personal data has been breached, it’s advised that you take measures to prevent it from happening again. It’s important to secure your data. Some steps you could take include:

  • Contacting your bank to freeze your payment cards (csuch as a debit card or a credit card)
  • Change your login details (such as your password and/or email address)
  • Check bank statements to make sure there are no unauthorised charges on your account

Check For Any Updates About The Data Breach

It’s important to make sure you keep an eye out for any developments regarding the incident that led to the data protection breach. Initially, you may not be affected by the events. 

However, it’s possible that as time goes on, your details may turn out to have been included in the information that was breached.

It’s important to stay vigilant in the period of time after finding out about the data protection breach.

How Else Can You Protect Yourself In The Future?

Use caution when people are asking for your personal information. Whoever is asking may seem like a reputable source. However, it’s possible that they’re mimicking a respected organisation in order to access your data. This is known as phishing.

Additionally, it’s generally advised to use strong passwords. This means using a string of characters rather than words that have special meaning to you. These can be easier to guess or work out.

Using the same password for various accounts can also lead to your security being comprised. It’s better to use more than one password. If possible, it can help to use a unique password for each account. 

My Data Has Been Breached, How Much Could I Claim?

“How much compensation can I claim if my data has been breached?” is a question that we’re asked. This section focuses on how this could be calculated. 

It used to be the case that you needed to have suffered a financial loss before you could claim compensation for your mental health being affected. However, due to a ruling made in the case of Google vs Vidal-Hall 2015, you can now claim for either or both. In other words, you can claim for psychological damage without having lost out financially due to the data breach.

The compensation that’s awarded for your mental injuries is called non-material damages. It’s calculated with the assistance of the same publication as is used in personal injury law. This too was made due to a ruling in a court case (Gulati & others vs MSN Ltd. 2015).

The publication is called the Judicial College Guidelines (JCG). We’ve included some example entries from it in the table below.

Edit
Awarded For Description Amount
Psychiatric damage (a) Severe £51,460 to £108,620
Post-traumatic stress disorder (PTSD) (a) Severe £56,180 to £94,470
Psychiatric damage (b) Moderately severe £17,900 to £51,460
PTSD (b) Moderately severe £21,730 to £56,180
Psychiatric damage (c) Moderate £5,500 to £17,900
PTSD (c) Moderate £7,680 to £21,730
Psychiatric damage (d) Less severe £1,440 to £5,500
PTSD (d) Less severe £3,710 to £7,680

There is also the matter of a sum known as material damages. This is calculated to reimburse you for any financial losses that can be linked to your data breach claim. Here are a few examples of what you could be awarded material damages for:

  • Money taken from your bank account. If you have been the victim of a cyberattack then the hackers may be able to directly access your personal finances. If you weren’t able to recover those costs from the banke, you may be able to claim. 
  • Loss of earnings. The impact on your mental health may have affected your ability to work and earn money for a period of time.
  • Prescription costs. You could seek compensation for medication such as anti-depressants.

Get in touch today to find out what else you could be compensated for if your data has been breached.

No Win No Fee Data Breach Damages Claims

You may be hesitant to make a claim for a breach of data protection because of the cost of hiring a solicitor. However, our solicitors work on a No Win No Fee basis for all claims they accept. 

An arrangement such as this means that you are not responsible for paying your solicitor their fee if your claim is unsuccessful. You only have to cover their fee if you are awarded compensation. Their fee is a small percentage that’s taken from your settlement. This percentage is capped by law. 

Under a No Win No Fee agreement, you can also benefit from:

  • No ongoing solicitor fees
  • No upfront solicitor fee

My Data Has Been Breached, How Do I Contact A Solicitor?

Get in touch today and we can let you know whether or not you may be able to make a No Win No Fee claim. You can also read the reviews on our website left by previous clients.

If you are one of the people asking, “my data has been breached, do I have a claim?” then we are here to help.

 Where Do I Learn More?

Our guide on what to do in the event of a bank data breach.

An article on claims involving unauthorised access to patient records.

More information data breach solicitors.

Find out how to make a complaint to the ICO.

An NHS overview of clinical depression.

You can also complain to the government if you have data protection concerns.

If you’d like any more information on what you could do after your personal data has been breached, get in touch.

Written by Bibby

Edited by Victorine