Breach of Personal Data: Rights and Remedies
In an increasingly digital world, the safeguarding of personal data has become a paramount concern. The cornerstone of data protection in the UK is the General Data Protection Legislation as implemented by the Data Protection Act 2018. Breach of personal data is a serious matter with significant consequences for both individuals and organisations.
Remedies for Breach include fines, compensation and regulatory action. Individuals have the right to receive compensation for both material and non-material damage resulting from a data breach. Material damage may include tangible losses such as financial loss, while non-material damage encompasses emotional distress and psychological injury, reputational harm, and loss of control over personal data. This broader definition recognises the emotional and psychological toll that data breaches can have on individuals.
Establishing Liability: to claim compensation, an individual must demonstrate that a data breach has occurred and that the breach was due to the fault of the data controller or processor. A breach may result from a cyber attack, inadequate security measures, or unauthorised disclosure of information.
Quantifying compensation for data breaches can be complex. Courts will consider various factors, including the nature and extent of the breach, the sensitivity of the compromised data, and the impact on the individual. Financial losses incurred may be relatively straightforward to calculate. Non-material damage, on the other hand, requires a subjective assessment of the distress suffered. Recent cases have reflected a growing recognition of the emotional impact of data breaches.
The legal framework for compensation in the event of a breach of personal data serves as a crucial safeguard for individuals in an increasingly digital world. The GDPR’s provisions empower individuals to assert their rights and seek redress when their personal information is mishandled. As technology continues to evolve, ensuring the effectiveness of data protection legislation remains paramount in preserving individuals’ privacy and holding those responsible for breaches accountable.
HHD Solicitors are a leading litigation firm in Northern Ireland with vast experience in dealing with high value personal claims (in the £millions) and the handing of breach of data claims against both corporate financial institutions and local organisations. Should you consider that you may have suffered from a breach of personal data, please contact our team of experienced litigation solicitors for more information.