Customers, on average claim £4,000 from incidents of data breach
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What Is a Personal Data Breach?
The General Data Protection Regulation (GDPR) describes a personal data breach as a violation of secure or confidential personal information by an unauthorised party. The personal data may be lost, misused, stolen, or destroyed. This covers both accidental and deliberate breaches of data.
An example of a personal data breach is when an unauthorised third party like a hacker gains access to your data. Another data breach example is the loss of availability or alteration of your personal data without permission.
Of data breaches in the UK are said to be due to human error and warrant compensation
Can I Make a Personal Data Breach Claim?
Suppose you’ve been victim to a security violation, meaning your personal information has been violated, copied, stolen, destroyed, or transmitted by an organisation. You have the right to claim compensation for a data protection breach.
Is There a Limitation Period for Claiming Compensation?
Yes. The limitation period for claiming compensation for a data breach is currently six years, according to the Data Protection Act of 2018. Breaches of data going back to six years can be subject to a valid claim. With the strict time limits, you should file for your case as soon as possible.
Who Can Make a Data Breach Claim?
Individuals and organisations can make data breach claims for compensation if they’ve suffered a violation. However, to claim compensation, you should be able to provide evidence that you’ve suffered due to the breach of personal information. You can claim for financial loss, data damage, or emotional distress.
Personal data breaches are more common nowadays than ever before. Victims of personal data violations may suffer anxiety and distress due to worries about how their information might be misused.
If your personal data have been breached and you’re seeking compensation through court, Data Breach Claims can refer you to the right claims company or solicitor. You should start taking steps to protect yourself from a breach as soon as you find out you’ve been the victim of a breach.
Has any of the following ever happened to you? Read carefully as we don't want you to miss out
Your data was lost, stolen or hacked
Your data was inaccurately stored or out-of-date
Your data was held longer than required
Your data was used outside of its stated purpose
Your data was made public
Your data was disclosed without your express permission
Your data was maliciously disclosed
Your data was used to obtain credit cards fraudulently
If any of the above apply to you, you should check for compensation online right away
Alternatively, give us a call free on 0333 444 0325Lines open 9am - 5pm Mon to Fri
Frequently asked questions & Useful InfoQuestions we are frequently asked by our users
When Do I Need to Notify about a Personal Data Breach?
Under the GDPR, notifications are generated when the breach of personal information is believed to result in a high risk to the rights and freedoms of individuals. However, this process is optional and not mandatory. Therefore, not all data breaches need to be notified to the authorities.
How Much Time Do I Have to Notify about a Personal Data Breach?
Notification of a personal data breach to the Information Commissioner’s Office (ICO) must occur without undue delay. However, it should be no later than 72 hours of becoming aware of the breach. If you’re to take more than 72 hours, you should give reasons for the delay.
What Information Must a Personal Data Breach Notification Have?
Under the GDPR, there are some points to be included in the notification. When reporting a personal data breach, you must describe the nature of the breach, including, if possible, the categories and the approximate number of data subjects and data records concerned.
How Can I Determine if My Personal Data Was Stolen?
If there’s a data breach affecting your personal information, an organisation is obligated to inform both you and the ICO.
The organisation should clarify in plain language:
Consequences of the said data breach.
Measures taken to handle the breach and its adverse effects.
Contact details of the officer in charge of data protection in the company.
If you think that your personal information has been violated due to a data breach but haven’t been notified by the organisation involved, contact them straight away.
What Should I Do Before I Take My Claim to Court?
There are some steps to protect yourself before you can take your claim to court. After you’ve received a notification from an organisation that your personal data has been breached, you should report the breach to the ICO. You can file this report through the ICO website. Although this isn’t a mandatory step, we recommend that you do it anyway. The ICO decision may support your claim in court.
Next, you should contact an expert to get their advice on how and whether you should make a personal data breach compensation claim. We can help you with this here at Data Breach Claims. You don’t have to wait for the ICO to respond. You should take this step as soon as possible.
After reviewing all evidence and reports, the expert solicitor should provide you with a realistic estimate of what you may expect to receive in compensation for your personal data breach. Then, they’ll begin negotiating a settlement with the involved organisation.
However, the company in breach may or may not accept the offer. It may make an offer of its own instead. If you fail to reach an agreement, you should contact the company to inform them that you intend to go to court. The court will need to know of the steps you took to try to settle your claim.
How Do I Take My Personal Data Breach Case to Court?
If you’ve failed to reach a settlement with the organisation in breach, you can apply to a court with an action to enforce your rights. You should take independent legal advice before applying.
If you’ve settled on going to court for personal data breach compensation, your claims company or solicitor referred by Data Breach Claims should help you put together the evidence in support of your claim. Evidence of emotional distress, financial loss, or data disclosure that you’ve suffered can be used to support your case in court.
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