The amount of compensation that you may receive from a data breach claim will depend on the type of breach that has taken place, the high risk nature of the information that has been breached and if you have suffered from any distress as a result.
Due to the number of variables involved in each data breach compensation claim it can be difficult to estimate the amount of compensation you may receive from just assessing previous cases.
Get in touch with us today to find out if you have a valid data breach claim and how much compensation you could potentially receive.
Get In TouchHow much compensation can you claim for a data protection breach?
Data protection breach compensation amounts vary from case to case depending on the type of claim that has been made and the severity of the distress or damage caused to the claimant. Cases involving ‘low risk’ personal information that is unlikely to lead to serious distress can be settled from between £750 and £1000 in compensation.
This should be considered the lowest end of the spectrum, and whilst it’s important that data protection breaches of all kind should be reported to the ICO, many solicitors will not consider taking on any cases of a lower value as they will not be able to take a suitable fee for their time spent processing the claim.
How much is the average compensation for breach of the Data Protection Act?
The average compensation for breach of the Data Protection Act is between £1,000 and £42,900. In some cases, you may be able to claim more compensation for personal data breach that causes you distress.
You can use the following figures as a rough guide to the amount of compensation that you may be able to receive as a result of different kinds of breaches:
| Type of breach | Estimated potential compensation |
|---|---|
| Breach of an individual's name, date of birth, home and email addresses | £1,000 - £1,500 |
| Breach of medical records | £2,000 - £5,000 |
| Breach of financial information | £3,000 - £7,000 |
| Breach which causes depression or illness (Medical evidence would be required to support this along with evidence to support any other losses, for example earnings) | £25,700 - £42,900 |
How much money have previous data breach victims been compensated?
The amount of money that previous data breach victims have been compensated has risen over the years, with initial breaches of the Data Protection Act only winning around £2,500 in damages related to disclosure of private information. However, as organisations have been accruing more personal information, more cases have been going to court, resulting in more precedents being set.
Most data breach claims are settled outside of court, however the amount of compensation that is settled on is usually informed by cases that are similar in nature.
| Case | Data breach | Compensation |
|---|---|---|
| Archer v Williams [2003] EWHC 1670 (QB) | Disclosure of medical information | £2,500 |
| Campbell v MGN Ltd [2004] UKHL 22 | Publication of articles/photographs disclosing private information | £2,500 plus aggravated damages of £1,000 |
| Applause Store Productions Limited v Raphael [2008] EWHC 1781 | False defamatory profile and group on Facebook | £2,000 plus award for libel totalling £20,000 |
| Mosley v News Group Newspapers Ltd [2008] EWHC 1777 | Publication of private information relating to sexual practices | £60,000 |
| Cooper v Turrell [2011] EWHC 3269 (QB) | Misuse of private information | Claimant 1 £30,000 Claimant 2: £50,000 |
| Sean Robert Grinyer v Plymouth Hospital NHS Trust; 28th October 2011 | Unauthorised access of medical records by nurse | £12,500 |
| AAA v Associated newspapers Ltd [2012] EWHC 2103 (QB) | Publication of photographs | £15,000 |
| Weller v Associated Newspapers Ltd [2014] EWHC 1163 (QB) | Publication of photographs without consent | £10,000 |
| Gulati and others v MGN Ltd [2015] EWHC 1482 (Ch) | Phone hacking | £72,500 – £260,250 |
| Brown v Commissioner of Police of the Metropolis and Chief Constable of Greater Manchester Police [2015] EWCA Civ 646 | Unauthorised processing of flight details, in lead up to disciplinary | £9,000 |
| TLT and others v Secretary of State for the Home Department and Home Office [2016] EWHC (QB) | Publication of confidential personal information of around 1,600 applicants for asylum or leave to remain | £2,500 – £12,500 |
| Wooley & Wooley v Nahid Akbar Or Akram [2017] SC Edin 7 | CCTV surveillance carried out by a neighbour | £17,268 |
| Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677 | Disclosure of private information in television show | £10,000 per claimant |
| Alexander Aristides Reid v Katie Price [2020] EWHC 594 (QB) | Disclosure of sexual preferences and lying about retaining Personal Information. | £25,000 |
| Aven and others v Orbis Business Intelligence Ltd [2020] EWHC 1812 (QB) | Inaccurate processing of the allegation regarding “illicit cash”. | £18,000 per claimant |
About Data Breach Help
Operated by Cobleys Solicitors – one of the leading law firms in the UK – we are a dedicated team of experienced solicitors well versed in every aspect of evolving data breach law. Utilising our wealth of experience and expertise, we assist our clients in claiming rightful compensation from both public and private organisations that have failed to protect their data.
Get in touch with us today to find out if you have a valid data breach claim and how much compensation you could potentially receive.