Does an organisation have to be fined by the ICO before you can make a data breach compensation claim?

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The Information Commissioner’s Office (ICO) is the UK’s data protection regulator. Part of its job is to make sure that organisations across the UK keep our data safe. Every year, the ICO imposes fines on all kinds of businesses, government bodies and other organisations that fail to do this. The ICO can also ensure that these organisations take steps to protect our data in future better.

But, while the ICO has the power to impose hefty fines, it does not award compensation to victims. Instead, any money recovered goes to the Treasury.

That being said, you do have the right to ask the ICO to assess if an organisation breached the UK’s data protection legislation. Furthermore, if an organisation is found guilty by the ICO, you can use any information uncovered by the ICO to support a data protection compensation claim.

Can you make a claim if the ICO hasn't found an organisation guilty of data protection failures?

When it comes to making a data protection claim, it helps if the ICO has already investigated a breach and uncovered evidence that proves an organisation did not employ adequate data security measures. We can then use this evidence to support your case. 

Nevertheless, you can proceed with a data breach compensation claim even if the ICO has not investigated a breach, or found an organisation guilty of negligence. Certainly, with data protection failures happening all the time, it would be almost impossible for the ICO to investigate every complaint (or do so as quickly as you might hope).

So, what can you do if an organisation has failed to protect your data, but you don’t have the weight of the ICO behind you?

Making a private data breach compensation claim

If the ICO is investigating a data breach, Keller Postman UK can investigate your claim. In such cases, we will use the information uncovered by the ICO to strengthen your case and help you to succeed. However, where you don’t feel things are moving fast enough, where the ICO has decided not to investigate, or where you don’t agree with the findings of the ICO, you might still be able to pursue a private data breach compensation claim with Keller Postman UK.

When you make a private complaint, your case will be heard by a judge in a civil trial. This is one way to seek recovery of any losses and the payment of compensation. Often these cases are settled out of court.

Why appoint Keller Postman UK’s expert data breach lawyers?

Leading the field is this complex area of law, we provide clear and comprehensive advice and legal support to ensure the best possible result for you.

What’s more:

Contact Keller Postman UK’s expert data breach lawyers to discuss a data breach claim.

In March 2024, our firm changed its name to KP Law. 

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