Damages Following A Data Breach – More Than Minimal Harm Required

Alongside the ICO's powers to fine organisations for personal data breaches (namely a security breach that results in the loss, alteration, destruction, unauthorised disclosure of or loss of access to personal data), individuals are able to claim damages through the courts for the same in certain circumstances. Personal data breaches can occur as a result of third party actor, but most often occur following mistakes and errors internally.

Quantifying any damage caused and loss suffered by individuals from a data breach can be challenging, but a recent High Court judgment has provided clarity as to the limited availability of damages where only minimal distress is caused to them by such a breach.