Compensation for data breaches
Many businesses, public bodies and persons across the UK hold and handle personal and sensitive information (e.g. names, addresses, email addresses, medical records, National Insurance Numbers, etc.) about individuals, including data on employees, customers and company clients.
Under the Data Protection Act 2018, data controllers (the business, public body or person who determines the purposes and manner in which the data is used) have a legal obligation to ensure that this information is:
- Used for specific purposes;
- Up to date and accurate;
- Held safely and securely and used fairly; and
- Stored for no longer than is required.
If a person’s data is unlawfully/negligently held or mishandled (e.g. it is inaccurate, incorrectly altered, disclosed, lost or deleted) or it has been the subject of cybercrime, the data breach could have serious personal implications for the individual involved, such as financial and/or identity theft or it could have a detrimental impact on their career aspirations.
If this happens the victim of the data breach may be able to make a claim for compensation from the data controller due to the damage and distress that this has caused them.
Data breach compensation claims – How we can help
At Nelsons, our expert solicitors in Derby, Leicester and Nottingham can provide specialist advice on pursuing a data breach claim for rectification of the offending records and compensation for the damage caused. Our team ensures that errors made by a data controller are corrected and that victims receive compensation due to the damage and distress which a breach has caused.
We can provide support in bringing a claim against a business, public body or an individual who has accidentally or intentionally misused/mishandled a person’s personal and sensitive data, or conversely we are equally able to provide advice both in preventing claims from being made or defending proceedings against alleged breaches.
Our team have experience in advising in a wide range of data protection breach compensation claims, including:
- Records containing inaccurate information;
- Disclosure of data to third parties without consent or lawful authority for doing so; and
- Data which has been lost or leaked.
Compensation
The amount of compensation that can be awarded for a data protection breach claim varies depending on the damage that has been caused by the breach. With successful claims, the compensation that is awarded is intended to put a person back in the position they were in prior to the data breach occurring.
Our solicitors have a strong track record of securing substantial compensation for our clients with damages being awarded for:
- Emotional damage and distress;
- Loss of future employment prospects; and
- Lost earnings, pension and travel expenses.