Have you suffered from a breach of the Data Protection Act by your employer? A personal data breach can affect you financially and emotionally, causing both minor and extreme effects. If your case meets the criteria set out by data protection legislation, you may be able to claim.
Can I claim following a breach of data protection by my employer?
This guide will explain what happens if an employer breaches data protection legislation, as well as how to report a data protection breach. We will also discuss what constitutes a personal data breach, highlighting examples of compensation brackets that are used within a data breach compensation calculator.
Furthermore, this guide explains the benefits of working with data breach No Win No Fee solicitors for a breach of the Data Protection Act by your employer claim. You can also contact our advisors to start the claims process.
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Choose A Section
- Can I Claim For A Breach Of The Data Protection Act By My Employer? – A Guide
- What Constitutes A Data Breach?
- Data Breach Compensation Calculator – What Could I Receive?
- How Do I Report A Data Protection Breach?
- What Are The Benefits Of Using A No Win No Fee Solicitor?
- How Do I Claim Compensation For A Breach Of The Data Protection Act By My Employer? – Learn More Below
Can I Claim For A Breach Of The Data Protection Act By My Employer? – A Guide
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) outline the steps organisations must take when handling your personal data. If your personal data is compromised and you have suffered material or non-material damage, you may be eligible to make a data breach compensation claim.
A data protection breach is a security incident that compromises the integrity of any information that can identify you. For example, your date of birth, address, or sexuality. A data protection breach can also compromise the availability or confidentiality of your personal data.
As a data controller, your employer will decide how and why they use your personal data. They may process this themselves, or they can also employ a separate company to process your data, which is known as the data processor.
To find out if you have a valid claim, contact our team of advisors today.
What Constitutes A Data Breach?
Your employer can collect and store a range of personal data, including disciplinary information and other information that could be found in your employee records. If this information is breached digitally or physically, you could suffer serious damage.
Some examples of how a breach of the Data Protection Act by your employer or other members of staff could occur are as follows:
- Staff within the HR department send your payslips to the wrong address. This then allows unauthorised parties to access your tax information.
- Physical records that contain personal data must be stored according to the steps outlined by data protection law. If your employer fails to adequately protect these records, and they are stolen as a result, this is a personal data breach.
- Your employer verbally discloses special category data from your records, such as health information, to an unauthorised person.
In order to make a claim, you must be able to prove that:
- The breach included your personal data or special category data. Special category data is a type of personal data that requires extra protection
- Wrongful conduct on the part of the data controller or processor caused the breach
- You suffered harm as a result of the breach
See below for more understanding on seeking compensation for a breach of the Data Protection Act by your employer. Alternatively, you can contact our team of advisors to start your claim.
Data Breach Compensation Calculator – What Could I Receive?
The Judicial College Guidelines (JCG) show compensation brackets for non-material damage. Legal professionals use the JCG to assist them in valuing claims. Non-material damage is one of two heads of claim you can pursue and relates to the psychological injuries you suffer as a result of the personal data breach. For example, you may suffer depression or anxiety as a result of a breach.
To see guideline figures for compensation relating to non-material damage, see the table below. We’ve included figures from the JCG to help you calculate what your claim may be worth.
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Psychiatric Injury (a) | Severe | £54,830 - £115,730 | Injuries will cause serious disabilities affecting all aspects of life, including work, education, and relationships. |
| Psychiatric Injury (b) | Moderately Severe | £19,070 - £54,830 | Symptoms similar to the above may continue, though the prognosis is more optimistic. |
| Psychiatric Injury (c) | Moderate | £5,860 - £19,070 | Significant improvement of symptoms results in a good prognosis. |
| Psychiatric Injury (d) | Less Severe | £1,540 - £5,860 | Consideration is given to the length of disability, as well as the effect symptoms have on sleep and day-to-day activities. |
| Post-Traumatic Stress Disorder (PTSD) (a) | Severe | £59,860 - £100,670 | The injured person cannot return to work or continue living as they did before they sustained trauma. |
| Post-Traumatic Stress Disorder (PTSD) (b) | Moderately Severe | £23,150 - £59,860 | Some recovery is possible with professional treatment, resulting in a more optimistic prognosis. |
| Post-Traumatic Stress Disorder (PTSD) (c) | Moderate | £8,180 - £23,150 | A large recovery can be achieved, with the only remaining symptoms being non-disabling. |
| Post-Traumatic Stress Disorder (PTSD) (d) | Less Severe | £3,950 - £8,180 | Any symptoms that remain past the two-year recovery period are minor. |
What Other Damages Can I Claim For In A Data Breach Claim?
Material damage is the head of your claim that provides compensation for the financial losses you suffer as a result of the breach. One example of costs that could be covered by material damage is money that is stolen from your account following a breach of your credit card details.
Contact our advisors to learn more about claiming compensation for a breach of the Data Protection Act by your employer.
How Do I Report A Data Protection Breach?
You may be informed by your employer that your personal data has been compromised. Alternatively, you may learn of the data breach yourself. In the latter circumstance, you should reach out to the organisation and make them aware of the issue. You can also ask them how the data breach occurred and what personal information was involved.
If you are dissatisfied with the response from your employer, you can make a complaint to the Information Commissioner’s Office (ICO). This independent UK organization upholds data protection laws, holding data controllers and data processors accountable for their actions.
You must make this complaint to the ICO within three months of your last meaningful contact with the organisation responsible. The ICO can investigate the data breach on your behalf and have the power to fine organisations that breach data protection law.
Contact our advisors today to learn more about how to report a data breach. Alternatively, keep reading to find out how a No Win No Fee solicitor could help you make a claim following a breach of the Data Protection Act by your employer.
What Are The Benefits Of Using A No Win No Fee Solicitor?
A solicitor from our panel can work with you through a Condition Fee Agreement (CFA). This type of No Win No Fee agreement allows you to work with a legal professional, generally without paying upfront or ongoing fees throughout your claim.
If you succeed in receiving compensation, your solicitor will require a success fee. Your solicitor will take this from your settlement total as a percentage with a legal cap. However, if your claim does not go on to succeed, you do not pay this fee.
Contact Us For Free To Find Out If You Can Make An Employer Data Breach Claim
Reach out to our advisors today to find out how a solicitor from our panel could help you. They can provide free legal advice and offer more help in starting your claim. To get in touch today, you can:
- Message an advisor through the live chat
- Call 0800 408 7827
- Contact us here
How Do I Claim Compensation For A Breach Of The Data Protection Act By My Employer? – Learn More Below
For more helpful resources, we recommend:
Or, to find more of our informative personal data breach claims guides:
If you have any more questions on how to make a claim following a breach of the Data Protection Act by your employer, contact our team of advisors today.
Writer Jess Arrow
Publisher Cat Hunt