How much the average compensation for a data protection breach depends on these factors

We are often asked about how much the average compensation pay-out is for a breach of the data protection act. Although each case is different, we can give you some insight into how we value cases here to help you.

As a leading firm of data breach and consumer action lawyers representing thousands of clients for information privacy cases, we have settled a lot of claims over several years. We can use a combination of our experience and knowledge as well as settled court cases to be able to work out what people could be entitled to claim for.

We can also look at the kinds of factors that we consider when we value a case as well.

How we calculate how much the average compensation for a data breach is

We can better understand how much the average compensation is for a breach of the data protection act by knowing what the factors are that we consider. When it comes to properly valuing a claim for compensation, we can use our years of experience in representing thousands of clients for cases. Having been involved in some of the most serious actions the UK has ever seen, and some of the pioneering cases as well, our knowledge and expertise is broad.

Each case is different, but we can look at the following factors to help us work out how much a compensation case for a data breach can be worth:

• What information has been misused or exposed in the breach;
• How much data is affected by the breach;
• Who information has been misused by or exposed to;
• Whether you can ever regain control of the data affected.

Those are some key headings, but we also need to take into account how you personally feel about the breach as well. We also need to consider the context too. For example, you may feel far more distressed about a breach than someone else, and the reason for this is that you are more prone to distress. This is an important factor and it is something that we can account for when we value a legal case.

In terms of the context, we can give you an easy example to better understand this. If your name and email address are leaked in an email from your local council about bin services, it can be distressing. What has happened is that other people now know your name and email address, which you may not want other people to know. However, consider that the email was from a healthcare service provider and was about HIV services. This is what happened in the infamous 56 Dean Street Clinic leak that we have been involved with. The same kind of email leak that leaked the names and email addresses of recipients actually disclosed their incredibly private and sensitive HIV medical status.

This is what we mean by context. How the personal and private information can then be used as a result of the breach is an important matter to consider.

Can we provide average amounts in figures?

What about how much the average compensation pay-out is in terms of figures and estimates? Can we give you an insight into this?

We can, but please do remember that the above factors still need to be considered. It isn’t always easy to take the figures from these examples and directly apply them to your situation, but they could help.

Here are some figures for you:

• In the British Airways data breach Group Action we represent clients for and are on the Steering Committee for that leads the action, we have put potential early estimations of pay-outs at £6,000.00;
• We spoke to the media recently about the Virgin Media action that we are representing a large number of victims for, and we put early estimations of potential pay-outs at up to £5,000.00;
• Some breaches involving medical records and private healthcare matters can be valued between £15,000.00 to £25,000.00.

In reality, how much the average compensation is, and how much the final pay-outs could be, can end up being more or less the above, as it will all depend on how things unfold. You can read more about data breach compensation amounts on our dedicated webpage here as well.

Speak to our team for tailored advice today

For tailored advice about whether we can represent you for a data protection breach compensation claim today on a No Win, No Fee basis, please don’t hesitate to contact the team today.

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