Ways to claim data breach compensation

data breach solicitors

Did you know that there are different ways to seek data breach compensation? Our data breach solicitors look at the possible options you can use to make a compensation claim to make sure you are fully informed following a data breach.

1. Report a data breach claim to the Information Commissioner’s Office

Each EU member state has a supervisory authority that oversees GDPR (General Data Protection Regulation) compliance. In the UK, this is the Information Commissioner’s Office (ICO).

If you’re unhappy with the way an organisation has handled your personal data, you can file a complaint with the ICO here. You can complain to the ICO about a wide range of information rights. This includes:

  • Nuisance calls and messages. For example, if you have received unwanted marketing via email, telephone, or text
  • Official or public information. If you have had a problem accessing or re-using official or public information that you’ve asked for from a public body
  • Your personal information concerns. If you have had a problem accessing your personal information from an organisation. Or if you’re concerned about how an organisation has handled your information, if the information is wrong, they have lost it, or disclosed it to someone else
  • Internet search results. If you have asked an internet search provider to remove links to information about you and they have refused
  • Cookies. If you’re concerned about the use of cookies on a website
  • EU-U.S. Privacy Shield. If you have a concern about the way your data has been handled when it was transferred to the United States using the Privacy Shield.

The limits of the Information Commissioner’s Office

The ICO does have the power to impose hefty fines on organisations in breach of their data protection duties. However, it does not have the authority to award compensation to individuals. But you can use the results of the investigation to support a legal claim. As such, making a report to the ICO is always a good first step in any data breach compensation claim.

And, if you do decide to make a legal claim, you don’t have to do this yourself. Our expert solicitors can help you to seek data breach compensation following an investigation by the ICO.

Find out more about the ICO here.

2. Make a data breach compensation claim via data breach solicitors

If you do decide to wait for the outcome of an ICO investigation, it could take some time. The ICO investigates hundreds of complaints each year (even more since GDPR!), and each one takes time. So, if getting a speedy resolution is important to you, you might prefer to go straight to making a legal claim. If you do this, the proceedings can be started quickly and are often settled out of court.

At Hayes Connor, our data breach solicitors can help you to make a data breach compensation claim after your personal information was put at risk by an organisation you trusted to look after it.

If you have already contacted the ICO about a potential breach, we can still investigate your claim. Our data breach solicitors will work with the ICO to gather as much evidence as possible to help you succeed.

Helping to protect you

Victims of data breaches often find that their bank and credit cards have been used fraudulently. And, in many cases, their email addresses and other personal information finds its way onto the dark web. Here it can be accessed by cybercriminals who want to cause further damage. This can also lead to emotional upset and distress.

Luckily, the GDPR and the Data Protection Act give people a way to claim data breach compensation if this happens to them.

If you have suffered from a personal data breach, let our data breach solicitors know.