How we value data breach claims

We’ve talked to the media a lot about our Virgin Media data breach action and what people could claim for, but how do we value data breach claims?

Each case is different, and we do need to account for the individual factors that can be unique depending on the nature of the case. It can also depend on the person as well, as we need to factor in the personal impact which can differ from person to person.

We’ve put initial potential estimated pay-outs at up to £5,000.00 per claimant, making a provisional total amount of £4.5bn for this action. Here’s a little guidance on how we approach valuing cases so you can understand what we account for when settling claims.

How we value data breach claims in general

When we value data breach claims, we will typically consider factors such as:

• The nature of the information that has been exposed or misused;
• Who data has been misused by, or exposed to;
• How much information is involved;
• How this has personally impacted the victim.

Generally speaking, the worse the exposure or misuse in terms of the nature and the volume of the data, and who’s involved, the more a case could be worth. In addition, some people can be personally affected more than others and we can take this into consideration as well. This can also include anyone who already suffers from things like mental health problems.

When we looked at average compensation amounts not so long ago, they were at around 6,500.00 per case. In some of the group actions where the data that has been exposed is serious, valuations have been up to £30,000.00 in some cases. This is for the distress alone, as financial loss cases can be considerably more and can be based on how much money has been stolen or lost. In theory, this could be hundreds of thousands of pounds or even more.

As we say, it all depends on the severity of the case. We can talk about averages and possible amounts easily enough, but the real value of a claim will often come down to the individual factors for the case itself.

The Virgin Media data breach action

When it comes to how we may value data breach claims for those involved in our huge Virgin Media Group Action, we may be able to look at factors such as:

• Whether you are one of the over 1,000 people whose contract information was also exposed;
• The nature of the additional data exposed, which may be worse for those who have been linked to explicit websites;
• Again, the personal impact for you.

This is not to say that those whose personal data alone has been exposed do not have a valid case. You can join the action anyway with the only real eligibility question about whether you have received confirmation that you are involved. If you have received a breach notification from Virgin Media, you should be able to join our action.

We have been asked by the media a lot recently about potential values, and we have put an early provisional estimate on cases of up to £5,000.00.

Our experience

It’s important when we value data breach claims that we use a combination of our own extensive experience as well as legal precedents.

Having been involved in privacy matters as far back as 2014, and representing thousands of clients in over 40 data actions alone, we know our stuff. Our history in this complex and niche area of law makes us a proven, leading data breach compensation law firm. This also means that we can offer No Win, No Fee arrangements when we risk assess cases to determine if they’re claims and actions that we can take forward.

To sign-up to join the compensation action, all you need to do is head over to the main section of the website here and you can get started right away.

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