In this guide, we will discuss the steps you could take if you are a victim of a payroll data breach. A personal data breach involving your personal data could cause you to suffer from psychiatric injuries and financial losses.
In the UK, there are two central pieces of legislation responsible for monitoring the use and storage of personal data: the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). As per the UK GDPR, data controllers and processors must take measures to protect any personal data they handle. A data controller generally has overall control over the means and purpose of processing personal data. Whereas a data processor is generally hired to follow the instructions of the relevant controller.
Moreover, the UK GDPR allows a way for victims harmed by a personal data breach to seek compensation. Continue reading to find out more about making a claim, such as what evidence could support your case. Also, we will provide a data breach compensation table as a guide to the amount of compensation that could be awarded for different psychiatric injuries.
Contact our advisors to learn more about making a personal data breach claim. They could assess your claim and may connect you with a specialist data breach solicitor if they find you have a valid case.
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- Can You Claim For A Payroll Data Breach? – A Guide
- Payroll Data Breach – When Are You Eligible To Claim?
- Evidence That Could Help You In A Data Breach Claim
- What Data Breach Payout Could You Receive?
- Why Use Our Panel Of No Win No Fee Data Breach Solicitors To Claim?
- Learn More About Claiming For A Payroll Data Breach
In order to process payroll, companies require personal information from their employees. Personal data is any information that could identify you, either alone or in conjunction with other information. If a security incident affects the availability, or confidentiality of this information, this is a personal data breach.
The Information Commissioner’s Office (ICO) is a UK body responsible for upholding data protection law. They describe personal data as information that can be used to identify an individual. Some personal data protected under UK GDPR include your:
The UK GDPR requires additional protection for special category data. This is a kind of personal data, and includes information regarding your:
- Trade union membership status
- Health, such as medical records
- Racial or ethnic origin
- Sexual orientation
- Religious or philosophical beliefs
Continue reading this article to find out about the eligibility criteria that must be met to make a payroll data breach compensation claim.
It is important to note that not every person harmed by a personal data breach will be eligible to receive compensation. Article 82 of the UK GDPR outlines criteria that must be met to make a claim, including:
- A data controller or processor’s failings caused the breach
- This breach includes your personal data
- You suffered monetary and/or psychiatric harm, such as anxiety and, in severe cases, post-traumatic stress disorder (PTSD).
If your claim meets these terms, you may be eligible for compensation. Get in touch with our advisors to learn more about making a payroll data breach claim, or read on to learn how to report a personal data breach.
During the claims process, you could be asked to provide evidence to support your payroll data breach case. This can be collected with the help of a solicitor or by yourself. Some examples of evidence that could strengthen your claim include:
- Proof of a violation of data protection laws on the part of the data controller or processor. This could include correspondence with the organisation relating to the breach, such as a notification letter. Also, if you report a data breach to the ICO, they could investigate, and these findings could be used as evidence of the data breach.
- Medical evidence detailing your psychiatric injuries and any treatment required.
- Evidence of monetary losses resulting from the personal data breach, such as bank records and payslips.
Contact our advisors to find out more about the evidence you could provide to strengthen your claim.
You may wonder, ‘how much compensation could my data breach claim be worth?’ A successful data breach claim could receive payment for up to two potential heads of claim:
- Material damage – this accounts for financial losses caused by the personal data breach.
- Non-material damage – this accounts for the psychiatric injuries resulting from the incident.
Firstly, we will explore compensation amounts for different mental injuries under non-material damage. In the table below, we have used the Judicial College Guidelines (JCG), updated for 2022, to provide compensation brackets as a guide. Data breach solicitors can use the JCG to assist them in valuing settlement amounts.
Injury and Severity Details of the Injury Compensation Brackets
Severe Psychiatric Injury (a) The person has marked problems with their ability to cope with work, education and life. It will also affect their relationships. The prognosis is very poor. £54,830 to £115,730
Moderately Severe Psychiatric Injury (b) Similarly, the person has significant problems with their ability to cope with work, education and life. The prognosis is much more optimistic than in the level above. £19,070 to £54,830
Moderate Psychiatric Injury (c) The person will have the same sort of problems as in the brackets above; however, there will have been a marked improvement by the time of trial, and their prognosis is good. £5,860 to £19,070
Less Severe Psychiatric Injury (d) The award considered within this bracket will depend on how much the person's daily life was affected and how long the symptoms lasted. £1,540 to £5,860
Severe PTSD (a) The effects will be permanent. All aspects of the injured person's life will be badly affected. £59,860 to £100,670
Moderately Severe PTSD (b) Although similar to the bracket above, there will be a better prognosis with the help of a professional. £23,150 to £59,860
Moderate PTSD (c) The person will largely recover, and any residual effects won't be grossly disabling. £8,180 to £23,150
Less Severe PTSD (d) Although some minor symptoms many persist, a virtually full recovery will have been made within one to two years. £3,950 to £8,180
Please note that the unique details of each claim determine the amount awarded. Therefore, these figures should be considered a guide.
Material Damage In Data Breach Claims
A payroll data breach could compromise your personal financial information. Therefore, you could suffer from financial losses caused by criminal activity, such as identity fraud. This could involve money taken from your bank account or damage to your credit score.
To receive an estimation of the amount of compensation you could be eligible to receive for your claim, speak to one of our helpful advisors.
If you allow one of our advisors to assess your claim, they could potentially place you in contact with an expert No Win No Fee solicitor from our panel.
Hiring representation under a Conditional Fee Agreement (CFA) will generally mean that you don’t make any upfront or ongoing payments to your solicitor. Additionally, you generally won’t pay for these services if your claim is unsuccessful.
A successful claim will generally see your solicitor take a small legally capped percentage from the compensation, referred to as a success fee.
To find out more about how a No Win No Fee solicitor from our panel could help you, get in touch with our advisors today.
Want To Know If You Can Make A Data Breach Claim? Contact Us For Free 24/7
Please get in touch with one of our experienced advisors to discuss making a payroll data breach compensation claim today. They provide free, confidential legal advice and won’t place you under any obligations to further your claim with us.
Please explore more guides from our site for more information:
- How To Make A Claim For A Tax Information Data Breach
- Can I Claim Compensation For A Disciplinary Records Data Breach?
- HR Data Breach – When Can I Claim?
Additionally, we have provided some external links for wider reading:
Thank you for reading this guide to making a claim following a payroll data breach.
Writer Jess Ochre
Editor Cat Hunt