Last Updated On 22nd November 2024. You may be eligible for compensation if you have suffered harm following a HR department data breach. This guide will explain what a data breach is and how you can make a claim following a breach of your personal data.
You may also be wondering how much compensation you may be entitled to if your claim succeeds. We will outline some examples of compensation brackets that may relate to your claim.
You may be able to work with a solicitor on a No Win No Fee basis to provide legal representation and to guide you through your claim. Our advisors are available to answer any questions you may have regarding an HR department data breach and how to start the claims process. To get in touch:
- Call us using the number in the banner above
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Choose A Section
- What is an HR Department Data Breach?
- Examples of a Data Protection Breach
- What Should I Do After an HR Department Data Breach?
- What Compensation Could I Receive From a Data Breach?
- No Win No Fee Solicitors – What are the Advantages?
- Learn More About Claiming for an HR Department Data Breach
What is an HR Department Data Breach?
What is a data breach? The Information Commissioner’s Office (ICO) defines a personal data breach as a security incident that affects the confidentiality, availability, or integrity of your personal data.
The ICO is an independent body that upholds personal data protection legislation in the UK. They may investigate suspected data breaches and can issue fines if necessary.
According to the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), organisations must have a lawful basis for processing personal data. Personal data is information that could be used to identify you.
In order to make a claim, there must be wrongful conduct on the part of the data controller or the data processor. A data controller is an organisation that decides how and why data is processed. A data processor is responsible for processing personal data on behalf of the data controller. Additionally, the breach must have led to you suffering financial loss or psychological damage.
We will further discuss the material and non-material damages you can claim for an HR department data breach further in this guide.
Examples of a Data Protection Breach
Data breaches can include digital and physical data. Some examples of how a data protection breach could occur in an HR department include:
- Failing to redact personal data before sharing it with unauthorised individuals
- Discussing personal data over the phone without sufficient security checks being performed
- Sending personal data to the wrong email address or postal address, allowing unauthorised recipients to access it
- Not using the blind carbon copy (BCC) feature in emails, allowing other recipients to see each other’s names and email addresses
- Leaving documents that contain personal data in unlocked filing cabinets or unsecured places
All staff working within HR should be trained to take the relevant precautions when handling personal data.
Cybercrime can also occur when inadequate cybersecurity policies are in place. This can allow cybercriminals to use malware such as ransomware to hack into insecure networks and access personal data.
Examples of personal data at risk in HR departments can include your:
- Postal address
- Full name
- Email address
- Bank details
- Special category data, such as information surrounding your health, racial origin, or sexual orientation.
You may be entitled to data breach compensation if you’ve suffered from an HR department data breach. Speak to an advisor today for free legal advice.
What Should I Do After an HR Department Data Breach?
You may be informed by the data controller or data processor that your personal data has been breached. If you’ve discovered the data breach yourself, you can approach the organisation with your concerns. They may be able to confirm the breach, or provide more information surrounding what data was affected, and why.
If you do not receive a satisfactory response, you can approach the ICO and make a complaint. This must be done within three months of gaining knowledge of the data breach. Please note that you cannot claim compensation through the ICO, but they may be able to investigate the breach.
It is advised that you receive legal advice when approaching a data breach claim. Our advisors can offer you free legal advice with no pressure to continue your claim with us.
What Compensation Could I Receive From a Data Breach?
When making a HR data breach claim, you are able to seek compensation accounting for either one or two types of damage.
Non-material damage refers to the emotional distress suffered as a direct result of being affected by a personal data breach. Examples of psychological injuries you could be compensated for include:
- Anxiety.
- Depression.
- Post-Traumatic Stress Disorder, or PTSD.
If those valuing your mental injury require guidance, they might look at bracketed compensation amounts found in a document called the Judicial College Guidelines (JCG).
We have used the JCG brackets relevant to psychological injury to create the table below. You may find it a useful indicator, though remember that it is only a guide. Additionally, the top line is not a JCG entry.
| Injury | Compensation Guideline | Notes |
|---|---|---|
| Material and Non-Material Damage | Up to £200,000+ | A payment addressing significant psychological harm and a marked impact on the affected person's finances. |
| Severe Psychiatric Damage | £66,920 to £141,240 | Injuries affect the person's ability to cope with daily life, and the prognosis is poor for future vulnerability. |
| Moderately Severe Psychiatric Damage | £23,270 to £66,920 | Similar injuries to the above, but with a better prognosis. |
| Moderate Psychiatric Damage | £7,150 to £23,270 | A good prognosis, with symptoms showing a significant improvement by the time of trial. |
| Less Severe Psychiatric Damage | £1,880 to £7,150 | The level of the award depends on the severity of the effect on sleep and daily activities. Minor physical symptoms may persist. |
| Severe PTSD | £73,050 to £122,850 | Injuries cause permanent effects preventing the injured person from working or functioning as they couldpre-trauma. |
| Moderately Severe PTSD | £28,250 to £73,050 | Professional help can lead to some recovery though significant disability persists. |
| Moderate PTSD | £9,980 to £28,250 | The injured person will mostly be able to recover though some non-grossly disabling effects continue. |
| Less Severe PTSD | £4,820 to £9,980 | A virtual recovery can be made within a year or two with minor symptoms continuing. |
What Else Could I Claim For After an HR Department Data Breach?
The other type of harm that a data breach could cause is financial loss. This is known in a claim as material damage. This means you could request HR data breach compensation if a data breach, for example, forces you to relocate at your own expense. The following could all be relevant evidence if they prove your losses:
- Payslips – they will be relevant if the impact of a HR data breach affects your ability to work.
- Bank statements.
- Receipts.
- Credit rating report. Instead of losing money, you may find that your credit score is badly damaged by the ramifications of a data breach. This is something you could have addressed when you claim.
Previously, it was only possible to seek compensation for non-material damage if you were also claiming a payment for material damage. Because of a Court of Appeal ruling in the case of Vidal-Hall and Others vs Google Inc. (2015), it is possible to seek compensation addressing non-material damage alone.
If you have any questions, just contact us today and an advisor will be there to offer clarity.
No Win No Fee Solicitors – What are the Advantages?
You may be interested in legal representation for your HR department data breach claim, but you might worry about the costs. A Conditional Fee Agreement (CFA), also known as a kind of No Win No Fee arrangement, offers you the benefits of legal representation without having to pay an upfront solicitor’s fee.
Your solicitor will require a legally-capped success fee from your compensation total if your claim succeeds. In the event that your claim does not succeed, you will not pay this fee.
For a No Win No Fee data breach solicitor from our panel to take on your claim, our advisors must first determine if your case is valid. Get in touch today to find out more by following the information below.
Contact Us For Free Today To See If You Can Claim
Contact our advisors today to ask any questions you may have regarding personal data breach compensation. Our advisors can tell you if your claim is valid and may be able to put you in contact with a solicitor from our No Win No Fee panel. To get in touch:
- Chat with an advisor through the live chat feature
- Call us using the number featured in the banner at the top of the webpage
- Fill out the online contact form
More Information about Claiming for an HR Department Data Breach
Here are some external sources that may assist you with your claim:
You can see more of our guides here:
- Disciplinary Records Data Breach – Could I Make A Claim?
- Mortgage Broker Data Breach – Can I Claim Compensation?
- Trade Union Membership Data Breach – Am I Able to Claim?
We hope this guide on HR department data breach claims has been helpful to you.
