This guide will explore when claims following a trade union membership data breach could be made. You may be eligible to claim compensation if you have suffered damages due to a personal data breach caused by an organisation’s failure to adhere to data protection laws.
Trade union membership data breach guide
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are the two central pieces of legislation governing data protection. The UK GDPR outlines key principles for organisations to follow when processing both physical and digital data. Moreover, it gives those who have suffered a personal data breach the right to claim compensation for damages they have suffered.
There is also an independent body, the Information Commissioner’s Office (ICO), which upholds information rights. It has the authority to issue monetary penalties to organisation’s who fail to comply with data protection laws.
This guide will explain the steps you could take after experiencing a personal data breach. Furthermore, we will discuss how much compensation you may be entitled to receive and the advantages of using a No Win No Fee data breach solicitor.
Please get in touch with our team of advisors to learn how much data breach compensation you could receive following a successful claim. Or if you have any questions, an advisor can help.
To get in touch, you can:
- Speak with an advisor via the live chat function
- Contact us online
- Call the number above
Choose A Section
- What Is A Trade Union Membership Data Breach?
- What Are Examples Of A Data Protection Breach?
- After A Data Breach, What Should I Do?
- What Compensation Could I Receive For A Trade Union Membership Data Breach?
- No Win No Fee Data Breach Solicitors – What Are The Benefits?
- More Information About Claiming For A Trade Union Membership Data Breach
What is a Trade Union Membership Data Breach?
Firstly, it is important to understand what a trade union is and why it may process personal data. A trade union is an organisation that looks after its members’ interests, who are usually workers and employees. They provide services such as negotiating members’ pay and discussing their grievances with employers.
Therefore, a trade union will need to process its members’ personal data. If this personal data is breached through a failure to comply with data protection laws, your information could be compromised, causing mental harm and financial losses. Article 82 of the UK GDPR lays out the conditions for claiming compensation for these damages.
The ICO provides a useful explanation to answer the question, what is a data breach? It is a security incident that has compromised the confidentiality, integrity or availability of your personal data.
Data controllers are in charge of deciding the purpose of processing personal data and how it is done, and data processors process the data on behalf of the relevant controller. Both of these must adhere to data protection law.
If you have more questions about a trade union membership data breach, don’t hesitate to contact our team of advisors.
What Are Examples of a Data Protection Breach?
If you have asked yourself, ‘how can a personal data breach happen’? Below, we have provided some situations that could cause a personal data breach.
- A member of staff could send an email containing your personal information to the wrong recipient.
- Someone could send your personal data in a letter to the wrong address.
- An organisation may have failed to keep their cyber security systems up to date, making them more susceptible to ransomware attacks and phishing scams.
If you are suffering from damages following a personal data breach caused by an organisation failing to adhere to data protection laws, contact our team of advisors for further guidance.
What Personal Data Could Be Exposed From a Trade Union Membership Data Breach?
Personal data is information that can be used to identify you, such as:
- Name
- Date of birth
- Home address
- Place of work
- Bank account details
- Phone number
Furthermore, Article 9 of the UK GDPR covers special category data, which includes trade union membership. This is sensitive data that needs stricter protection. Other examples of special category data are:
- Racial or ethnic origin.
- Political opinions.
- Religious and philosophical beliefs.
- Data concerning health.
- Sex life and sexual orientation.
A trade union could also hold personal information relating to your finances. This could include information such as your salary, tax code and bank details. A breach of personal financial data could lead to identity theft causing monetary losses and distress.
You could claim compensation for these losses if the trade union membership data breach resulted from the organisation’s failure to adhere to data protection laws. Contact our advisors to find out more.
After a Data Breach, What Should I Do?
Firstly, an organisation should notify you without undue delay and the ICO within 72 hours to explain that your data has been breached, if it risks your rights and freedoms.
Alternatively, you may not have been alerted but suspect that a breach has happened. The ICO recommends that your initial course of action should be to raise a complaint with the organisation. You can explain what has happened or what you suspect to have happened and the damages you have suffered.
Secondly, you could make a complaint to the ICO if you do not receive a satisfactory response from the organisation. It is important to know that the ICO cannot grant compensation. However, they can investigate the breach. As such, their findings could provide crucial evidence to prove what happened.
Finally, you may find it beneficial to seek legal advice to help you put forward a claim, if you’re eligible. A solicitor from our panel could help you gather evidence to support your case and guide you through each stage of the claims process.
Contact our team of advisors to learn more about the steps you can take following a trade union membership data breach.
What Compensation Could I Receive For a Trade Union Membership Data Breach?
There are two heads of personal data breach claims, material and non-material damages.
- Material damages – This is the head of claim accounting for financial losses caused by the personal data breach.
- Non-material damages – This is the head of claim accounting for the mental harm caused by the personal data breach. This could include stress, anxiety or post-traumatic stress disorder (PTSD).
Previously to the Vidal-Hall and Others v Google Inc [2015] case, you couldn’t claim compensation for non-material damages if you had not been affected by material damages. However, that is no longer the case; you can now claim for psychological harm regardless of whether you suffered financial losses.
In the table below, we have used guideline compensation brackets from the Judicial College Guidelines (JCG), published in April 2022. Solicitors refer to these guidelines to help them value the non-material damages portion of settlements.
| Injury | Description | Compensation Bracket |
|---|---|---|
| Severe Mental Damage (a) | The person will have severe problems coping with education, work and general life. The prognosis is very poor. | £54,830 to £115,730 |
| Moderately Severe Mental Damage (b) | The person will have significant problems coping with education, work and general life. The prognosis is more optimistic. | £19,070 to £54,830 |
| Moderate Mental Damage (c) | The problems of coping with daily life will have markedly improved, and the prognosis is good. | £5,860 to £19,070 |
| Less Severe Mental Damage (d) | The person will have had problems engaging in daily activities and sleeping. The extent will be considered when valuing the award. | £1,540 to £5,860 |
| Severe Post-Traumatic Stress Disorder (a) | All aspects of the injured person's life are permanently and badly affected. | £59,860 to £100,670 |
| Moderately Severe Post-Traumatic Stress Disorder (b) | The effects are similar to severe cases, but with professional help, there is a more optimistic prognosis. | £23,150 to £59,860 |
| Moderate Post-Traumatic Stress Disorder (c) | The injured person largely recovers without grossly disabling continuing effects. | £8,180 to £23,150 |
| Less Severe Post-Traumatic Stress Disorder (d) | The injured person will make a virtually full recovery within one to two years. | £3,950 to £8,180 |
Please remember that these figures are a guide, as the amount of compensation awarded for a trade union membership data breach will differ due to the unique details of the claim.
What Else Could I Claim For After A Data Breach?
You can also claim compensation for monetary losses, such as money taken from your bank account and damage to your credit score. To claim reimbursement, you must supply evidence of any material damages you have suffered due to the personal data breach. This could be bank records or a copy of your credit history.
Contact our advisors today if you would like more information regarding compensation for a personal data breach claim.
No Win No Fee Data Breach Solicitors – What are the Benefits?
Using a solicitor is not a legal requirement, but it can provide certain benefits. For example, a solicitor can provide you with advice and will have expert knowledge of the data breach claims process.
Specifically, opting for a No Win No Fee solicitor offering to represent your claim under a Conditional Fee Agreement (CFA), can eliminate the financial concerns of paying upfront fees for your solicitor’s services. You also do not have to pay for your solicitor’s services if your claim is unsuccessful.
A successful claim means you will pay a small percentage of your compensation, called a success fee. The law caps this percentage.
Please allow our team of advisors to assess your trade union membership data breach claim, as they may be able to connect you with a No Win No Fee solicitor from our panel.
Contact Us For a Free Consultation to See If You Can Claim
Contact our team of advisors if you have any further enquiries about a trade union membership data breach.
To get in touch, you can:
- Speak with an advisor via the live chat function
- Contact us online
- Call the number above
More Information about Claiming for a Trade Union Membership Data Breach
Further guides on our website:
- What Should I Do If My Data Is Breached?
- How To Claim Compensation For A Data Breach
- Can I Claim GDPR Compensation For Distress?
Links you may find helpful:
Thank you for reading this guide to claiming compensation following a trade union membership data breach. If you have any other questions, please get in touch using the number at the top of the page.
Writer Jess Opal
Editor Meg Monsoon