If you’ve suffered a data protection breach at work, you may be wondering if you could be eligible for compensation. Personal data breaches can cause considerable harm to your mental well-being and your financial health.
Data protection breach at work claims guide
This guide aims to advise you on how to start the claims process. We will discuss what legislation is in place to protect UK residents’ personal data and hold companies accountable for breaching data protection laws.
Not all data protection breaches can become valid personal data breach claims. We will examine what a personal data breach is and who could be eligible to make a claim.
You may be wondering how much compensation you could receive should your claim succeed. To help you get an idea of what your settlement could be, we will explain guideline figures from the Judicial College Guidelines (JCG).
Our advisors can answer any further questions you may have about a data protection breach at work. We are available 24 hours a day, 7 days a week, to offer our support. You can reach us using the following details:
- Call 0333 241 2521
- Make a claim on our website
- Use the live chat feature
Choose A Section
- Definition of a Data Breach
- Data Protection Breach at Work – Can I Claim?
- What Compensation Could You Get For A Data Protection Breach at Work?
- What Should You Do After a Data Protection Breach At Work?
- Why Use Our Panel of No Win No Fee Solicitors?
- Learn More If You Can Make a Data Breach Claim
Definition of a Data Breach
Personal data can include any information that identifies you. This could be:
- Your name
- Home address
- Passwords
- Bank details
- Email address
A personal data breach can occur if this data is lost, altered, destroyed, disclosed or accessed unlawfully or accidentally through a security incident. This can lead to harm through financial loss and psychological damage. We will discuss these effects in more detail in this guide.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are key articles of data protection legislation. This legislation dictates the ways in which organisations can handle your personal data. If wrongful conduct occurs, causing a breach, the Information Commissioner’s Office (ICO) can intervene and hold those at fault responsible by imposing fines.
Organisations and companies can act as data controllers and data processors. A data controller decides what the purpose is for collecting and storing your personal data. A data processor will process this information on behalf of the data controller. If you can prove wrongful misconduct on the part of the data controller or processor led to the breach and the harm you suffered, you may have grounds to make a data protection breach at work claim.
To learn more about making a UK GDPR data breach claim, contact our advisors today.
Data Protection Breach at Work – Can I Claim?
As we have mentioned, not every data protection breach at work will form a claim. To make a claim, you must suffer harm as a result of your personal data being compromised, and the breach must be a result of your employer’s wrongful conduct.
Your workplace may store and process both your personal data and special category data. This is a type of personal data that needs extra protection and can include:
- Health data, such as medical records or medical conditions
- Information about your sexuality
- Your religious or philosophical beliefs
- Your trade union membership status
Some examples of a data protection breach at work could be:
- Your employer sending an email containing disciplinary files to the wrong email address. This can result in your disciplinary records being exposed to the entire company.
- Payslips are sent to the wrong addresses, resulting in a wage data breach and allowing unauthorised access to your tax information, bank details, and more.
- An employee may leave your employee files on their desk instead of filing them away safely. This can lead to theft, allowing unauthorised access to your personal data and causing you emotional distress.
All of the above incidents may cause you psychological injury. If your personal information has been breached, you may be worried about your safety and finances. Get in touch today to find out if your claim is valid.
What Compensation Could You Get For A Data Protection Breach at Work?
The Judicial College Guidelines (JCG) are used by solicitors to help them value non-material damage for data breach claims. The JCG provides legal professionals with guideline settlement amounts for a variety of psychological and physical injuries.
Non-material damage relates to any psychological injuries you’ve sustained from the data breach. For example, a personal data breach could cause you to suffer from post-traumatic stress disorder (PTSD), distress, and depression.
The table featured in this article uses compensation figures from the JCG to address potential non-material damage settlements. However, these figures are guidelines and will not determine exactly how much you can claim due to the complexities of each case.
| Injury | Compensation | Description |
|---|---|---|
| Severe Psychiatric Injury (a) | £54,830 – £115,730 | Cases will include serious issues coping with life and vulnerability in the future. |
| Moderately Severe Psychiatric Injury (b) | £19,070 – £54,830 | The prognosis is slightly more optimistic than in the case above, though the injured person still struggles with similar symptoms. |
| Moderate Psychiatric Injury (c) | £5,860 – £19,070 | A good prognosis comes as a result of symptoms showing improvement by the time of trial. |
| Less Severe Psychiatric Injury (d) | £1,540 – £5,860 | Daily life and sleep may still be affected, with consideration given to the severity of these effects and length of disability. |
| Severe PTSD (a) | £59,860 – £100,670 | Permanent effects will prevent the injured person from functioning as they did before sustaining injuries. |
| Moderately Severe PTSD (b) | £23,150 – £59,860 | Some recovery may be possible through professional help, which results in a more optimistic prognosis. However, some disabilities will continue for the foreseeable future. |
| Moderate PTSD (c) | £8,180 – £23,150 | Injuries will be mostly recovered from with some non-disabling effects remaining. |
| Less Severe PTSD (d) | £3,950 – £8,180 | Most recoveries in this bracket can occur within two years with only minor symptoms persisting. |
Data Protection Breach Claim – What Other Damages Could You Claim For?
You can also seek compensation for material damage. This relates to the financial losses caused by the breach. For instance, a criminal may use your bank details to steal money from your accounts. Criminal acts like these can also negatively impact your credit score.
If you can provide evidence that you suffered damage due to a data protection breach at work, you might be eligible to make a claim for data breach compensation.
If you need any further support calculating how much a data breach claim may be worth, call our advisors today. We are available at any time that suits you to provide you with free legal advice.
What Should You Do After a Data Protection Breach At Work?
If a breach occurs that could compromise your rights or freedoms, your employer should inform you without undue delay. Alongside this, they have 72 hours to complete a data breach report to the ICO.
Alternatively, if you discover a data protection breach at work yourself, you can report the breach to your employer. They might be able to offer you further information, for example, what information was included in the breach and how the breach occurred.
If you aren’t satisfied with the response, or if you do not receive a reply, you can make a complaint to the ICO. While you cannot claim compensation from the ICO, they might choose to investigate the breach.
Contact our advisors to learn more about how to report data breaches in your workplace or to start the claims process.
Why Use Our Panel of No Win No Fee Solicitors?
A Conditional Fee Agreement (CFA) is a type of No Win No Fee agreement a solicitor from our panel could offer you. These agreements allow you legal representation without the requirement of upfront fees. You also don’t have to pay any solicitor fees while your claim is ongoing.
If your claim is successful, your solicitor will take a success fee from your awarded compensation. This is a small percentage that is capped by law. However, should your claim be unsuccessful, you don’t pay this fee.
Get in touch to find out if you could be eligible to make a personal data breach claim with the help of an expert solicitor from our panel.
See If You Can Claim For Free Today
Our advisors can connect you with a No Win No Fee data breach solicitor from our experienced panel if you have a valid claim. They can also offer you a free consultation to learn more about the next steps of a personal data breach claim.
Get in touch to learn more by:
- Using our online make a claim form
- Using the live chat
- Calling us on 033 241 2521
Learn More If You Can Make a Data Breach Claim
For more helpful resources:
Learn About Different Types of Data Breaches and How to Claim Compensation
We hope this data protection breach at work guide has been helpful. If you need any further support, please don’t hesitate to contact us.
Article by EL
Publisher AA
