Claiming compensation for distress following a data breach. Know your rights.

hayes connor solicitors

At Hayes Connor Solicitors, we are committed to making sure that people who have had their personal data stolen or otherwise put at risk know their rights. This is the only way to make sure that companies are held to account for their failure to protect your information.

What the law says

The General Data Protection Regulation (GDPR) places strict obligations on businesses to keep our data safe. And if you have suffered damage or distress caused by an organisation breaching any part of the Data Protection Act (the UK’s interpretation of the GDPR), you have a right to claim compensation.

But did you know that you can also claim for GDPR distress as well as financial losses? In the UK, you can make a compensation claim if you have struggled emotionally following a data breach, even if you have not experienced any financial loss.

When making a compensation award, the court will look at the specific circumstances of your case. This includes things like the sensitivity of the data compromised and the nature of the disclosure. However, in order to be entitled to compensation for GDPR distress you must show that you have suffered emotionally because of the breach.

A personal data breach is a 21st-century version of being burgled. If a criminal came into your home and stole your private letters you would be distressed. So why should you feel any less upset at having your online data taken; particularly when these companies gave the burglar the keys?

The emotional impact of data breaches

Some people would have us believe that claiming for GDPR distress is an overreaction. That your physiological suffering and anguish doesn’t matter. You might hear friends and family saying that, while it is acceptable to claim compensation for any financial losses, you should put up with any anxiety caused by having your information stolen.

But according to Victim Support: “The effects of crime can also last for a long time, and it doesn’t depend on how ‘serious’ the crime was. Some people cope really well with the most horrific crimes while others can be very distressed by a more minor incident”.

The sheer scale of the information we share online is enough to leave victims open to the threat of fraud. For example, with enough information, cybercriminals can steal your identity, apply for credit in your name, set up fraudulent bank accounts and access your existing accounts. So we should all be very worried about what could happen if our data gets into the wrong hands.

What’s more, being the victim of a crime can have a substantial impact on you mentally and physically. For some people, the effects can include a lack of sleep, feeling ill, unsettled or confused. Stress can also affect your friends, your family and your job. So being told to “get over it” isn’t helpful.

Crucially, the law understands the damage that can be caused by worry and upset. So you are 100% within your rights to make a compensation claim.

Claiming for GDPR distress following a data breach

At Hayes Connor Solicitors, we are committed to helping those affected by data breaches and cybercrime. And, we believe that the best way to make big companies pay for their failures is to use an expert lawyer to make a data breach compensation claim.

In addition, we also work with, and refer our clients to, other organisations and partners such as Victim Support. The leading independent victim’s charity in England and Wales for people affected by crime and traumatic incidents, last year Victim Support offered help to nearly a million victims of crime across the UK.

If you need assistance after a data breach, there are many resources on the Victim Support website to help you cope.

Don’t let them get away with it!

Something has to be done to make companies accountable for not looking after our information correctly. Claiming compensation isn’t just in your best interests, it could be the only way to ensure that businesses everywhere implement more secure processes.

 

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