This guide will look at when you could be eligible to claim following an accidental data breach at work. There are certain eligibility requirements that your claim must meet, including proving that the entities responsible for protecting your personal data failed to adhere to data protection law. We will explore the responsibilities they have in more detail and discuss the legislation that they must adhere to.
Furthermore, we will discuss what a personal data breach is and how it could impact you. We will also look at the compensation you could be awarded to address the effects a breach of your personal data has had on you.
Additionally, we will look at the steps you can take after your personal information is compromised, including gathering evidence and seeking legal advice.
You can speak with an advisor from our team if you have any other questions. They are can offer you free legal advice 24 hours a day, 7 days a week. To get in touch:
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- What Is The Eligibility Criteria When Claiming For An Accidental Data Breach At Work?
- Examples Of An Accidental Data Breach At Work?
- What Evidence Can Be Used In Data Breach Claims?
- More Information About Potential Data Breach Compensation Examples
- Our Panel Of Data Breach Solicitors Could Work Your Case On A No Win No Fee Basis
- Learn More About Claiming For An Accidental Data Breach At Work
There is also special category data which requires more protection due it’s sensitive nature. This can include data concerning your health and sexual orientation.
A personal data breach involves a security incident affecting the availability, confidentiality and integrity of your personal information.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) work together to set out the responsibilities a data controller and data processor have to protect your personal data. Each of these entities has a different role with the controller deciding how and why your data is used and the processor acting on their instruction.
Both must adhere to data protection law. If they fail to do so, it could lead to a personal data breach in which your personal information is compromised resulting in you experiencing financial loss or emotional harm. In these instances, you may be able to make a personal data breach claim.
Is There A Time Limit When Making A Data Breach Claim?
There is a general six year time limit for starting a data breach claim. However, there is a reduction to 1 year in cases where the claim is against a public body.
If you have any questions regarding the data breach claims time limit or your eligibility to seek data breach compensation, please do not hesitate to get in touch with our advisors.
An accidental data breach at work could happen in a number of ways. For example:
- Your employer might not adequately secure physical files that contain information about a medical condition you have. As a result, another employee is able to gain unauthorised access to these files.
- A HR data breach might occur after an email containing information relating to a complaint you have made about another member of staff to the wrong person. As a result, you experience stress and anxiety in the workplace.
- Your employer accidentally sends your payslip containing your National Insurance number, name and home address to the wrong person.
If you have evidence that your personal data was affected by a breach, please get in touch with our team. They can assess whether you could be eligible to seek compensation. Alternatively, read on to learn about the ways in which you could support your claim.
To build a strong data breach claim, you should gather evidence. There are several ways you can do this, including:
- Keeping track of communication between yourself and the responsible party regarding the breach. This can include letters and emails containing information about the nature of the breach.
- Having any psychological injuries assessed by a trained professional. In doing so, you can use the medical report to support your case.
- Providing evidence of any financial losses via receipts, invoices, bank statements or credit score statements.
An advisor from our team can provide you with more details in terms of the evidence that can be collected if you get in contact.
The data breach compensation payout you could be awarded following a successful accidental data breach at work claim may be split into two heads of claim. You could be awarded compensation for non-material damage which relates to the psychological harm that is endured due to the personal data breach. For example, you might have experienced anxiety, distress or post-traumatic stress disorder (PTSD).
In place of a compensation calculator, we have included a table of guideline compensation amounts that have been taken from the Judicial College Guidelines (JCG). The JCG is a document used by legal professionals to help them value claims.
You should only use these as a guide, however. This is because each data breach claim is different, and your payout could differ.
|Psychological damage (generally)||Severe||£54,830 to £115,730||There will be marked issues dealing with life, education and work with the risk of future vulnerability. The person will have a very poor prognosis.|
|Psychological damage (generally)||Moderately Severe||£19,070 to £54,830||The ability to cope with life, education and work with the risk of future vulnerability will remain but there will be a more optimistic prognosis.|
|Psychological damage (generally)||Moderate||£5,860 to £19,070||Difficulty coping with life, education and work still persists, but there will be a significant improvement and a good prognosis.|
|Psychological damage (generally)||Less Severe||£1,540 to £5,860||The payout for this bracket is based on the length of the period of disability and the extent to which daily tasks were impacted.|
|Anxiety disorder||Severe||£59,860 to £100,670||All areas of the injured person's life will be badly impacted.|
|Anxiety disorder||Moderately Severe||£23,150 to £59,860||The injured person will suffer from considerable disability for the immediate future. However, there is a better prognosis due to receiving professional help.|
|Anxiety disorder||Moderate||£8,180 to £23,150||The injured person will have mostly recovered, and any persisting symptoms will not be grossly disabling.|
|Anxiety disorder||Less Severe||£3,950 to £8,180||The injured person has completely recovered within 1-2 years with only small symptoms continuing over a longer period.|
Moreover, you could be awarded compensation for material damage which relates to any financial losses that are incurred due to the personal data breach. This could include money stolen from your bank account or loans taken out in your name. It could also include lost income if you have needed to take time off work due to the psychological impact of the breach.
If you would like a more personalised insight as to how much compensation you could receive after successfully claiming, please speak with an advisor from our team.
A solicitor from our panel can help you build and present your case. Additionally, they can offer their services under a type of a No Win No Fee agreement, such as a Conditional Fee Agreement (CFA). As per this contract, you are generally not going to be required to pay for the work completed on your case if it does not win. You also do not have to pay for the services provided by your solicitor upfront or as the claim proceeds.
If your claim is successful, you will pay a success fee from your compensation. This is subject to a legal cap.
You can find out whether you have a valid claim if you get in touch with an advisor from our team. If you do, they may set you up with a solicitor from our panel to represent you on this basis.
Contact Us For Free To See If You Could Claim For A Data Protection Breach
An advisor from our team is available to provide free legal advice regarding your potential claim at the most convenient time for you. They can answer any questions you have relating to eligibility criteria, the claims process and how much compensation you could be owed.
For more information:
Here are some more of our guides relating to data breach claims:
We have also included some additional resources that may help you:
- GOV – Make a data protection complaint
- Information Commissioner’s Office – Be Data Aware
- NHS – Post-traumatic stress disorder (PTSD)
Thank you for reading this guide on whether you could claim following an accidental data breach at work. If you have any other information, please get in touch using the details we have provided above.
Writer Beck Pace
Editor Meg Moon