Welcome to our guide on how to claim data breach compensation for employment records breaches. A data breach in relation to employment records can be extremely distressing for employees, as it involves the exposure of sensitive personal information such as bank account details, and employment history. These breaches can occur due to various reasons, such as a cyber-attack, human error, or a malicious insider, and can have severe consequences for those affected.
This guide aims to provide useful guidance to individuals who believe they may be entitled to data breach compensation for an employment records breach. We will cover various topics such as what constitutes a data breach, situations that could lead to a claim, types of damages claimable, and how to get in touch with an expert advisor from our panel of data breach solicitors.
If you believe you may be entitled to compensation for an employment records breach, we encourage you to get in touch with our expert advisors. Our advisors can provide you with a data breach solicitor from our panel, who can guide you through the claims process and help you to secure the compensation you deserve.
We hope that this guide will be a valuable resource for those who may have been affected by an employment records breach, and we encourage you to get in touch with us if you believe you may have a claim.
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What Is An Employment Records Data Breach and When Could I Claim Compensation?
An employment records data breach occurs when an unauthorised individual gains access to sensitive personal information stored by an employer or a third-party data service provider. This information may include bank account details, employment history, and other personal details. These breaches can occur due to various reasons, such as cyber-attacks, human error, or malicious insiders.
Under the Data Protection Act 2018 (DPA 2018), employers and data service providers have a legal obligation to protect personal data from unauthorised access and to notify the Information Commissioner’s Office (ICO) and affected individuals of any data breaches that may result in a risk to their rights and freedoms.
If you have been a victim of an employment records data breach, you may be entitled to compensation for any harm suffered as a result. However, for you to claim compensation, the employer or the third-party data service provider must have acted wrongfully and caused harm to you in some way. This could include financial loss, emotional distress, or loss of privacy.
To make a claim for compensation, you should first report the data breach to the employer or data service provider and request that they provide you with details of the breach and any measures they are taking to address it. If you are not satisfied with their response or believe they have acted negligently, you may then contact an expert data breach solicitor for advice and representation.
How Long Do I Have To Claim Data Breach Compensation For Employment Records Breaches?
The time limit for making a claim for data breach compensation for employment records breaches is governed by the Limitation Act 1980. Under the Act, the general time limit for bringing a claim is six years from the date of the breach.
However, it’s important to note that this time limit can vary depending on the specific circumstances of the case. It’s also worth noting that there may be different time limits if you are making a claim against a public body. In these cases, you may be required to follow a specific claims process and there may be shorter time limits for making a claim.
If you are considering making a claim for data breach compensation for an employment records breach, it’s important to seek advice from an expert data breach solicitor as soon as possible. They will be able to assess your case and advise you on the relevant time limits and claims process. Delaying making a claim could result in you missing out on the compensation you are entitled to.
How Could A Breach Of Employee Data Happen?
One example of action taken by the ICO after an employment records data breach is the case of British Airways in 2018. The airline was fined a record £20 million for failing to protect the personal and financial data of more than 400,000 customers and employees. The data breach involved a sophisticated cyber-attack that resulted in the exposure of names, addresses, payment card numbers, and other sensitive information.
It’s worth noting that while the ICO enforces data protection laws and can fine companies for data breaches, they do not provide direct assistance to individuals seeking compensation. Instead, individuals must seek advice and representation from an expert data breach solicitor to help them navigate the claims process.
How To Claim Compensation For A Breach Of Your Data
The claims process for an employment records data breach typically involves gathering evidence to support the claim, such as documentation relating to the breach, financial losses, and emotional distress. A data breach solicitor can help with this process and will also provide advice on the types of damages that may be claimed.
Once the evidence has been gathered, a claim can be submitted to the employer or the third-party data service provider. If the claim is not accepted or if a settlement cannot be reached, the claim may proceed to court, where a judge will decide on the merits of the case.
In summary, while the ICO can take action against companies for data breaches, they do not provide direct assistance to individuals seeking compensation. Individuals must seek advice and representation from an expert data breach solicitor to help them navigate the claims process. This process involves gathering evidence to support the claim, submitting the claim to the employer or data service provider, and potentially proceeding to court if a settlement cannot be reached.
What Damages Could I Claim After An Employer’s Data Protection Breach?
The amount of compensation you could receive for an employment records data breach will depend on various factors, such as the severity of the breach and the harm suffered as a result.
The compensation you receive may include both material and non-material damages. Material damages may include financial losses such as identity theft, fraud, or loss of earnings. Non-material damages may include emotional distress, anxiety, or loss of privacy.
The courts will consider the circumstances of the case and the impact on the individual when assessing the amount of compensation. For example, if the data breach resulted in a significant financial loss or if it caused severe emotional distress, the compensation awarded may be higher.
It’s important to note that there is no fixed amount of compensation for an employment records data breach. Each case is unique, and the amount awarded will be based on the individual circumstances of the case.
Damages For Emotional Distress
The Judicial College Guidelines provide a framework for assessing damages in personal injury cases, which includes emotional distress, and can help determine the level of compensation to award. These guidelines take into account the severity of the injury and its impact on the individual’s life to provide an indication of the appropriate level of compensation for different types of harm suffered.
For instance, severe psychological harm may be awarded compensation ranging from £54,830 to £115,730, while less severe psychological harm may be awarded compensation ranging from £1,540 to £5,860.
It’s important to note that these figures are only rough indications and your actual compensation amount may vary based on the specific details of your case. For a more accurate assessment of how much your claim could be worth, it’s recommended to consult with a specialist data breach solicitor who can evaluate your case and provide you with personalised advice.
Make A No Win No Fee Claim With The Help Of A Solicitor
No Win No Fee agreements, also known as Conditional Fee Agreements (CFAs), are a popular option for individuals seeking compensation for a data breach. In a No Win No Fee agreement, your solicitor agrees to work on your case without charging you for their work upfront. If your case is successful, they will take a percentage of the compensation awarded as their fee. If your case is unsuccessful, you will not typically be required to pay any fees.
No Win No Fee claims can provide access to justice for those who may not have the funds to pay for legal representation upfront.
It’s important to note that the percentage of compensation taken as the solicitor’s fee can vary, and you should discuss this with your solicitor before entering into a No Win No Fee agreement. However, it is capped under the Conditional Fee Agreements Order 2013.
If you believe you may be eligible to claim compensation for an employment records data breach, don’t hesitate to get in touch with our expert advisors. We can connect you with a data breach solicitor from our panel who can assess your case and guide you through the claims process. Contact us today to see if you have a valid claim and take the first step towards getting the compensation you deserve.
Further Information On Data Breach Compensation For Employment Records Breaches
How Much Compensation Could My Data Breach Claim Be Worth – More information about calcularing compensation can be found here.
Data Breach Calculator – Learn more about how these tools work.
Accidental Data Breaches– Find out whether you could be eligible for compensation for accidental data breaches.
Claiming Compensation – The Information Commissioner’s Office give insight on claiming compensation for a data breach.
Personal Data? – Details of what could be considered personal data.
ACAS Information – Employment guidance can be found here.