Data leak and data breach compensation – a very quick guide

Data leak and data breach compensation is a fairly new area of law. It’s definitely still within its infancy, but as the digital age continues to grow, it’s never been more relevant than now.

Data leaks and data breaches are happening all the time. Go back 20-years and we were still very much reliant on paper, but nowadays, I’m sure almost all office workers are sat in front of a computer that’s connected to a network and the internet.

This hugely expansive ability to connect, coupled with the growth in the use of digital information, has led to a time where leaks and breaches really are a continual problem, and people need to know what their rights are as a victim of a data leak or a data breach.

Briefly, what makes a data leak or a data breach?

If information about you is leaked or mishandled, and those responsible for the leak or breach had no right to use the data in the way they did, you may be a victim. Whether it’s an email sent to the wrong person, or your data handed over without your permission, you have rights when it comes to how your personal information is used and shared.

Leaks are often simple mistakes that cause your data to go beyond the hands of those you trusted it to, but a data breach – by definition – can be far more expansive. It could be knowingly passing your information on to someone else without permission, or destroying your data without permission, or even using it in a way of detriment to you.

When can you make a data leak or data breach compensation case?

If your data has been leaked, or you feel it has been used inappropriately, you may have a case.

Whether we can accept a case of not can often depend on things like:

A data breach can be as small as someone passing your name on to someone else without permission, but that doesn’t mean it’s substantial enough to warrant a claim. We assess cases on an individual basis, so if you’re unsure, just get in touch.

What do you claim for?

You could claim damages for any distress caused, and perhaps claim for financial losses if the breach or leak has led to a monetary loss. An easy example would be your bank details being leaked which has caused a fraudster to take money from your account.

How does a data leak or data breach claim work?

Generally speaking, rather like any other claim for compensation. We send out a letter to the organisation at fault and set out reasons as to why we feel you are entitled to bring a claim. They can either accept or deny liability, and if they accept liability, it’s a case of determining how much the claim is worth.

Data leak and data breach compensation claims remain in their infancy, so it’s not easy to discuss precedents or examples. We have been at the forefront of this emerging area of law for several years, so we’re certainly well-placed to help you!

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