Has your personal data been exposed in an employee data breach? If so, you might be able to claim compensation. This guide will aim to provide you with all of the information you might need to make a personal data breach claim.
Personal data is any data that can be used to identify you as a living person. For example, this could include your name, email address, postal address, or date of birth.
If this information has been compromised, you might also be wondering:
- How to report a data breach
- What to do if your data has been breached
- How do you claim compensation for a data breach
This guide will cover all those areas and explore specific examples of how much you could be owed should a personal data breach affect you. We will also discuss the steps you can take to make your claim, such as collecting evidence and hiring a No Win No Fee solicitor.
If you have any further questions, you can contact a member of our team. They are available to offer you a free consultation at a time that suits you best, in which they can answer your questions and offer free legal advice. To get in contact:
Choose A Section
- A Guide To Claiming For An Employee Data Breach
- How Could An Employee Data Breach Occur?
- Data Breach Claims – What Evidence Could Help You?
- What Data Breach Payout Could You Receive From A Successful Claim?
- Use Our Panel Of Data Breach Solicitors On A No Win No Fee Basis
- Read More About Claiming For An Employee Data Breach
A personal data breach occurs when the integrity, availability, or confidentiality of your personal data is compromised in a security incident. However, certain requirements must be met in order for you to claim for an employee data breach.
Firstly, there must have been wrongful conduct on behalf of the organisation responsible for your personal data. This could be the data controller, who makes the decisions regarding your data, or the data processor, who processes it. Furthermore, you must have suffered psychological or monetary harm as a result. This is established by the UK General Data Protection Act (UK GDPR) and the Data Protection Act 2018, which are the two main pieces of data protection legislation in place in the UK.
If you want more information on the eligibility criteria required to make a claim, please speak with an advisor from our team.
You now know that an employee data breach can only be claimed for if it is a consequence of wrongful conduct and you were emotionally or financially harmed as a result. Some examples of how a data breach could occur under these circumstances include:
- Your financial details may be shared over the phone with due to a payroll employee not doing the necessary security checks. Consequently, you suffer increased stress and anxiety as your details have been exposed.
- An employee sends your bank details, such as your credit card or debit card details, to the wrong postal address. Subsequently, you have money stolen from your bank account, leaving you in debt and arrears.
- An employee in the HR department shares personal data from your medical records with an unauthorised party, causing you distress.
You might be able to claim if you have been involved in a scenario similar to the examples provided above. Please speak with one of our advisors for more information.
You can gather evidence of the employee data breach, which could enhance your chances of being awarded data breach compensation. This could include:
- Correspondence between you and the organisation responsible for the breach, including information such as how it happened, what data was breached and how it impacted you.
- Having your psychological injuries medically assessed by a professional.
- Providing evidence of material losses via receipts, invoices, bank statements or credit score ratings.
Once you have acquired this information, you might then look to start your claim. Some steps you could take after a personal data breach include:
- Complaining to the organisation. They may then tell you how the breach occurred or what data was involved.
- If you do not receive a satisfactory response within 3 months, you can take up the issue with the Information Commissioner’s Office (ICO) and ask them to investigate the breach.
- You can also seek legal advice. A solicitor from our panel may be able to help you gather evidence and make your claim.
Get in touch with our team of advisors today to find out if a solicitor from our panel could help you.
The data breach compensation you are awarded can depend on several factors and can be split into two heads. These are material damage compensation and non-material damage compensation.
If an employee data breach causes you to suffer from increased stress, anxiety or depression, this is known as non-material damage, and you may be eligible for non-material damage compensation.
We have gathered compensation figures from the Judicial College Guidelines (JCG) to help you understand how much you could be owed in the event of a successful claim. However, because every data breach claim is unique, these figures should only be used as a guide, not a guarantee of what you could receive.
|Psychiatric damage||Severe||£54,830 to £115,730||There are significant issues handling areas such as, work or education after an unsuccessful treatment, which results in a negative prognosis.|
|Psychiatric damage||Moderately Severe||£19,070 to £54,830||Includes serious issues handling everyday activities, though there is a better prognosis.|
|Psychiatric damage||Moderate||£5,860 to £19,070||Symptoms will show an improvement. This will allow a better prognosis.|
|Psychiatric damage||Less Severe||£1,540 to £5,860||This is judged on the impact the symptoms have on lifestyle and how long it takes to recover.|
|Post traumatic stress disorder (PTSD)||Severe||£59,860 to £100,670||This includes continuous symptoms that prevent the injured person from partaking in day-to-day life or functioning at a level similar to pre-trauma.|
|Post traumatic stress disorder (PTSD)||Moderately Severe||£23,150 to £59,860||A more positive prognosis will be achieved with the assistance of a medical professional.|
|Post traumatic stress disorder (PTSD)||Moderate||£8,180 to £23,150||The injured person would nave nearly fully recovered but there will still be some problems with day to day life.|
|Post traumatic stress disorder (PTSD)||Less Severe||£3,950 to £8,180||An almost complete recovery has occurred within within a 1-2 year period.|
Can You Claim For Material Damage Caused By The Data Breach?
Moreover, you can claim for material damage compensation if you have been financially impacted by a data breach. For instance, if your bank details are exposed in a breach, this might result in criminals stealing money from your bank account.
To strengthen your chances of being reimbursed for the breach It may be useful to keep a record of all financial losses. You can do this via:
- Bank statements
- Credit score ratings
Our advisors can provide you with more information regarding the data breach payout you could receive when you get in contact.
A data breach claim solicitor from our panel may be able to help you claim with a No Win No Fee agreement, such as a Conditional Fee Agreement (CFA). Usually, a CFA allows you to access legal representation without paying your solicitor any upfront fees. Similarly, your solicitor won’t ask for any ongoing fees as your case progresses.
If your claim is unsuccessful, payment for the legal services that your solicitor provides will not be required. However, in the event of a successful claim, a legislatively capped success fee will be subtracted from the compensation you are awarded.
If you would like to find out whether you can be represented on this basis, please contact an advisor from our team.
Contact Us 24/7 For Free To Learn If You Can Make A Data Breach Claim
As previously mentioned, our advisors can offer you a free consultation at whatever time is most convenient for you. If they see that you could have a valid claim, they may connect you with a data breach No Win No Fee solicitor from our team. You can get in touch by:
We have provided you with more of our own guides that may be of use to you:
- What is the average compensation for a data breach?
- Breach of data protection by an employer; can you claim?
- Data breach compensation payout examples
Additionally, we have included further reading relative to data breaches:
For more information on how you could make a claim following an employee data breach, we recommend contacting our advisors.
Writer Beck Pace
Editor Cat Hunt