Data Breach Compensation Amounts

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.

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How 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 breachEstimated 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.

CaseData breachCompensation
Archer v Williams [2003] EWHC 1670 (QB)Disclosure of medical information£2,500
Campbell v MGN Ltd [2004] UKHL 22Publication of articles/photographs disclosing private information£2,500 plus aggravated damages of £1,000
Applause Store Productions Limited v Raphael [2008] EWHC 1781False defamatory profile and group on Facebook£2,000 plus award for libel totalling £20,000
Mosley v News Group Newspapers Ltd [2008] EWHC 1777Publication of private information relating to sexual practices£60,000
Cooper v Turrell [2011] EWHC 3269 (QB)Misuse of private informationClaimant 1 £30,000 Claimant 2: £50,000
Sean Robert Grinyer v Plymouth Hospital NHS Trust; 28th October 2011Unauthorised 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 646Unauthorised 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 7CCTV surveillance carried out by a neighbour£17,268
Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677Disclosure 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.

FAQs

How much are solicitor’s fees for a data breach compensation claim?

Solicitor’s fees for data breach compensation claims vary depending on the firm. Data Breach Help’s solicitors work on a No Win No Fee agreement which guarantees the claimant peace of mind in the event of a case being taken on. Our solicitors only take on cases that they are confident in winning.

When a compensation claim is successfully made our solicitors take 25% of the awards won as their payment, the rest of the money awarded goes directly to the claimant. Should the case not be successful then the claimant will not be liable to pay a thing, unless they have deliberately misled the solicitors, or backed out of the process after it has already been put in motion.