Have you been subject to a breach of data protection at work? You could be eligible to make a data protection breach claim if the breach has caused you psychological or financial harm.
Breach of data protection at work claims guide
You may also have queries, such as:
- What constitutes a data breach?
- Can I get compensation for a data breach?
- How much compensation could I get for psychological damage?
This guide will aim to answer these questions as well as explore specific examples of how a data breach might happen in the workplace.
Additionally, we will examine in detail how much data breach compensation you could receive.
Lastly, we will look at data breach No Win No Fee solicitors and how a solicitor from our panel could help you.
However, if you would prefer to speak to a member of our team, you can. They are available 24/7 to offer you free legal advice. To get in touch:
- Call 020 8050 3051
- Use our live chat
- Contact us online
Choose A Section
- A Guide To Claiming For A Breach Of Data Protection At Work
- What Is A Breach Of Data Protection At Work?
- Potential Compensation Payouts From An Employer Data Breach
- What Do I Need To Make A Data Protection Breach Claim?
- Why Make A No Win No Fee Claim For A Breach Of Data Protection At Work?
- Learn How To Make A Data Breach Claim
A Guide To Claiming For A Breach Of Data Protection At Work
Personal data is anything that can be used to identify a person. For instance, their name, home address, email address, or bank details. Furthermore, a personal data breach is described as a security incident which impacts the confidentiality, integrity or availability of somebodies personal data.
Your data may be breached physically or digitally. An example of a physical breach of data protection at work could be if your employers sent your payslip to the wrong address. Whereas a digital breach may be your employer not having adequate cyber security systems in place, which results in them being hacked and the theft of your data.
The UK General Data Protection Regulation (UK GDPR), along with the Data Protection Act 2018 (DPA), outline the rules that all data controllers and processors must follow. Under this legislation, there must be wrongful conduct by the data controller or processor which has led to mental or monetary harm for the breach to lead to a claim.
However, not all incidents may lead to a valid claim. For instance, your employer may suffer a hack whilst having the necessary defences in place. Because there was no wrongful conduct, you would not be able to claim.
For more information about when you may be eligible to make a claim for a breach of data protection at work, get in touch with our team.
What Is A Breach Of Data Protection At Work?
There are many ways in which a breach of data protection at work may occur. Your data may be compromised due to a human error, or an advanced hacker might access the files of the data controller or processor.
As previously mentioned, not all breaches of data protection will lead to a data breach claim. But, if your employer does not comply with the DPA and UK GDPR, and this leads to a personal data breach that causes you harm, you may be able to claim.
Some examples of how a breach of data protection at work could lead to a claim include:
- A document that contains your personal data, such as your disciplinary records, is emailed to the wrong person
- Confidential information is verbally disclosed on the phone without your employer conducting the necessary security checks
- A batch email for members of a trade union is sent out without using the blind carbon copy (BCC) feature, exposing the email addresses of recipients
For more information in terms of when you can claim for a breach of data protection at work, please get in touch with one of our advisors.
Potential Compensation Payouts From An Employer Data Breach
If your breach of data protection at work claim is a success and you are awarded compensation, it may be split into two categories.
Firstly, you could receive a payout for non-material damage. This compensates you for any psychological injuries such as PTSD, distress, anxiety or depression caused by the data breach.
The severity of your injuries, the impact on your mental health and day-to-day life as well as the timescale of your recovery will be decisive in determining how compensation you could be awarded.
We have compiled a table using figures from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to help them when valuing claims.
However, these amounts should only be used as guidance because each data breach at work case is unique. Therefore the sum you could be owed may be different.
| Injury | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Psychological damage (generally) | Severe | £54,830 to £115,730 | The affected person cannot cope with life after an unsuccessful treatment causing in a significantly poor prognosis. |
| Psychological damage (generally) | Moderately Severe | £19,070 to £54,830 | Sizeable issues dealing with everyday life, such as going to work. |
| Psychological damage (generally) | Moderate | £5,860 to £19,070 | The prognosis will be positive, but there will still be difficulty coping with everyday life tasks. |
| Psychological damage (generally) | Less Severe | £1,540 to £5,860 | The compensation for this bracket will be based on the timescale of recovery as well as the impact on lifestyle. |
| Anxiety disorder following trauma | Severe | £59,860 to £100,670 | Severe effects mean there is no possibility of working or functioning at the pre-trauma level. |
| Anxiety disorder following trauma | Moderately Severe | £23,150 to £59,860 | A better prognosis is due to the chance of some recovery with professional treatment. |
| Anxiety disorder following trauma | Moderate | £8,180 to £23,150 | Non-disabling symptoms remain despite the injured person having made a near full recovery. |
| Anxiety disorder following trauma | Less Severe | £3,950 to £8,180 | A near full recovery has been made within 1-2 years. |
In addition, material damage may also be included as part of your settlement. This head of the claim looks to reimburse you for any financial losses sustained due to the data breach.
For example, if your employer exposes your bank details and money is stolen from your bank account, leaving you in debt, this may be covered by material damage.
It may also cover:
- Impact on your credit score
- Loss of earnings
- Money stolen via credit card or loans
For more information on the material or psychological damage claims, do not hesitate to make contact with a member of our team.
What Do I Need To Make A Data Protection Breach Claim?
We will now focus on the steps you can take when looking to make a data breach claim. More often than not, the data controller or processor will identify the issue. However, if they do not, you can complain to them. They may provide further information, such as what data was compromised and how.
If you do not receive an adequate reply, you can take up the issue with the ICO. They may choose to investigate the breach. However, wait no longer than three months from the date of your last meaningful contact with the organisation to do so.
In terms of building as strong a case as possible, gathering evidence can help. For example, you could:
- Keep a record of correspondence between yourself and your employer regarding the breach. Such as how it occurred and the impact it had.
- Seek a medical assessment for your psychological injuries
- Provide evidence of any material losses. such as bank statements or invoices
One of our advisors can help talk you through the breach of data protection at work claims process when you get in touch.
Why Make A No Win No Fee Claim For A Breach Of Data Protection At Work?
One way of accessing legal representation under the No Win No Fee umbrella is a Conditional Fee Agreement (CFA).
A data breach solicitor from our panel could represent you under a CFA if your claim is valid. Typically, under a CFA, you do not have to pay any upfront fees or ongoing costs to your solicitor.
Although if your case is won, you will be required to pay your solicitor. A legally capped success fee will be deducted from your compensation. But, in the case of a non-successful claim, you won’t pay this fee.
For more information on how a solicitor from our panel could help you, please speak with a member of our team. If you are eligible, they may connect you with a data breach solicitor from our panel.
We Offer Free Legal Advice, So Contact Us Today
A data breach solicitor can use their years of experience to cover all bases of your claim. As previously stated, our advisors can offer free legal advice 24/7. To learn more about starting a claim, do not hesitate to get in contact. You can do so by:
- Call 020 8050 3051
- Use our live chat
- Contact us online
Learn How To Make A Data Breach Claim
We have provided you with some additional reading related to a data breach claim that you might find helpful:
Additionally, we have included some of our own guides that might be of use when seeking data breach compensation:
Thank you for reading our guide on what to do if you have suffered a breach of data protection at work.
Writer Beck Perk
Publisher Cat Harley