Trade Union Membership Data Breach – Am I Able to Claim?

Trade union membership data breach claims can be brought by any individual whose affiliation details or other personal information have been compromised, causing financial or psychological harm. The Information Commissioner’s Office (ICO), the UK’s independent information rights regulator, makes it very clear in its guidance that trade union membership is sensitive personal data and therefore requires higher standards of security. If a failure to safeguard such personal information has harmed you, you may be able to pursue data breach compensation. 

Key Takeaways

• Trade unions perform vital work for millions of people, negotiating better pay, conditions and working hours.
• They hold a considerable amount of personal data on their members, including political beliefs, and must take the necessary steps to protect this information. 
• A single failure to implement necessary data protection measures, such as updating security software, could compromise the personal information of thousands of union members.
• A trade union is the data controller, the organisation that decides how, when, and why personal data will be processed.
• If you’d like to pursue compensation after a data breach affecting trade union membership, one of the solicitors from our panel can provide expert support.

DBC maintains a 24/7 advisory service so you can check your eligibility for free whenever it suits you. Get in touch for a no-cost consultation today. 

Select A Section

1. What Is A Trade Union Membership Data Breach?
2. Can I Claim Compensation For A Trade Union Membership Data Breach?
3. What Are Examples Of A Data Protection Breach?
4. After A Data Breach, What Should I Do?
5. What Compensation Could I Receive For A Trade Union Membership Data Breach?
6. No Win No Fee Data Breach Solicitors – Benefits Explained
7. More Information About Claiming For A Trade Union Membership Data Breach

What Is A Trade Union Membership Data Breach?

A trade union membership data breach occurs when personal information, such as contact details or political opinions, is compromised. Personal data breaches are defined as security incidents in which the integrity, availability, or confidentiality of personal data is affected. 

These incidents can stem from both human error and malicious acts, and trade unions must implement measures to prevent them. Potential examples can include:

• An administrative error within the union results in a letter confirming your membership being sent to the incorrect address.
• Failures to update cybersecurity software lead to the contact details and political leanings of several hundred union members, including your own, being exposed in a cyberattack.
• Due to insufficient training, union staff fails to use a Blind Carbon Copy (BCC) on a group email, allowing every recipient to see the identities of numerous members.

The above scenarios are intended to provide guidance on how data breaches can occur in a trade union. Other situations can, of course, arise, so to learn more about claiming in your specific circumstances, speak to a member of our team today.

Can I Claim Compensation For A Trade Union Membership Data Breach?

Yes, you can claim compensation for a trade union membership data breach, provided you can show that the organisation failed to protect your personal information, causing you psychological or financial harm. 

Trade unions must protect their members’ personal information in accordance with relevant data protection legislation, namely the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). When these laws are not upheld, and membership information is compromised, a personal data breach has occurred. We’ve summarised the requirements for seeking compensation here:

1. The trade union failed to comply with data protection legislation: This may occur because the union failed to regularly update security software or because a staff member lost an unencrypted laptop containing membership details in a café.
2. The union’s failure affected your personal data: In short, this means that the breach at the trade union directly compromised personal information. For instance, the outdated cybersecurity measures mentioned above may have allowed hackers to obtain your contact details and reveal information about your political beliefs. 
3. The data breach resulted in financial losses, psychiatric distress, or both: To claim for a trade union data breach, you will need to show that you experienced monetary losses or suffered psychological harm. These can be claimed independently of each other as well as together.

To get further guidance on the criteria in trade union data breach claims, or for a free eligibility consultation, speak with an advisor today.

What Are Examples Of A Data Protection Breach?

Examples of how a data protection breach can affect trade unions include cyberattacks, the unauthorised disclosure of membership information, and the loss of physical devices. You can learn more about these and other common incidents below:

• Cyberattacks in which criminal elements exploit a trade union’s outdated online security, such as ransomware or phishing.
• Lost or stolen devices due to a union’s inadequate physical security measures or staff leaving them unattended.
• Failure to properly secure or dispose of physical union documents.
• Sending personal information belonging to union members to an incorrect email or postal address.
• Unauthorised verbal disclosures about membership status to third parties.
• Union staff viewing membership records without a valid reason.

What Personal Data Could Be Exposed From A Trade Union Membership Data Breach?

The personal data that could be exposed from a trade union membership data breach can range from contact information to political beliefs. Personal data is information that can identify a living individual (a ‘data subject’) directly or indirectly. Examples can include:

• Your name.
• Your phone number or postal address.
• Your national insurance number.

Trade union membership is what’s referred to by the term, special category data. Under the UK GDPR, certain personal information is deemed more sensitive and therefore requires higher levels of protection. Additionally, many unions collect special category data to support members and their workplace representation, including:

• Health.
• Sexual orientation.
• Ethnicity and religious affiliation.
• Political opinions.

Further guidance can be sought from our dedicated advisors.

After A Data Breach, What Should I Do?

After a data breach, you should contact the trade union as soon as possible if they have not already reached out to you. This would happen via a data breach notification letter, which confirms whether your personal information has been impacted. You should also be advised on any steps you can take to protect personal data.

How To Make A Data Protection Complaint

To make a data protection complaint, you should first raise the issue with the trade union. The ICO recommends taking the following steps if you believe your personal data has not been handled correctly:

1. Complain to the Union: Contact the data protection officer directly and give them a chance to address whether a security failure has occurred. The union may clarify what happened and outline how your data has been affected.
2. Allow 1 Month for a Response: Organisations generally have 1 month to respond to data-related queries. If it seems as though nothing is being done, you can send a follow-up to formally request an update on the situation.
3. Ask for Further Clarification: If you are unhappy with the response or need additional information, ask the union to clarify any aspect of their findings you are unsure about or dissatisfied with.
4. Complain to the ICO: Once these steps have been exhausted and the matter remains unresolved, you can escalate by contacting the ICO.

We should point out that raising a complaint with the ICO is not required in order to claim compensation, but it can be a useful thing to do. Any findings from their investigations can form part of your supporting evidence, alongside medical records detailing any psychological harm and proof of your financial losses. However, the ICO itself cannot award compensation following a data breach.

For more information on raising a complaint following a personal data breach at a trade union, contact our advisory team today via the details given below. 

What Compensation Could I Receive For A Trade Union Membership Data Breach?

The compensation amount you could receive for a trade union membership data breach can include both psychological distress and financial harm. At the absolute top end, the Judicial College Guidelines (JCG) state that the most severe psychiatric harm could be valued at a maximum of £141,240.

The JCG is a document that sets out guideline compensation brackets for a range of different harms. Legal professionals often use the publication to assist them in determining compensation figures. While the brackets are only meant to be guidance, and other factors may determine the final payout amount, the JCG is nevertheless a useful tool for solicitors. 

Data breach compensation may be awarded for:

• Material damage, the financial harm you experience. We will examine this aspect of a breach of trade union membership data in the next section.
• Non-material damage is the psychological distress, valued using the JCG figures, as you’ll see below.

We’ve used the JCG figures on psychological harm to create this table. We should emphasise that the top entry is not a JCG figure, and we reiterate that all entries are guidelines only.

Compensation Table

Please be aware that this table is intended to act as guidance only. 

Type of Harm	Guideline	Notes
Very Serious Psychiatric Harm with Financial Losses	Up to £500,000 and above	Where the data subject has suffered very serious psychiatric harm alongside financial losses including a loss of earnings, medical bills and security costs.
General Psychological Distress - Severe (a)	£66,920 to £141,240	Marked problems across multiple life aspects such as the ability to work and maintain personal relationships with a very poor prognosis.
General Psychological Distress - Moderately Severe (b)	£23,270 to £66,920	A much more optimistic prognosis than above but with significant problems relating to ability to cope with work, social and personal life.
General Psychological Distress - Moderate (c)	£7,150 to £23,270	A significant recovery from the problems listed above with a good prognosis.
General Psychological Distress - Less Severe (d)	£1,880 to £7,150	This bracket takes into consideration the impact on sleep and daily activity, as well as the length of time the person was affected.
Post Traumatic Stress Disorder - Severe (a)	£73,050 to £122,850	Permanent and severe effects across all parts of life preventing anything close to functioning at the pre-trauma level.
Post Traumatic Stress Disorder - Moderately Severe (b)	£28,250 to £73,050	Substantial disability for the foreseeable future despite a better prognosis than above.
Post Traumatic Stress Disorder - Moderate (c)	£9,980 to £28,250	Where the affected person is not experiencing any gross disablement.
Post Traumatic Stress Disorder - Less Severe (d)	£4,820 to £9,980	Virtual recovery within 1 to 2 years and only minor symptoms persisting for any longer.

What Else Could I Claim For After A Data Breach?

You could claim for any material damage you experienced after a data breach impacting trade union membership information. Recoverable costs centre on:

• A loss of earnings if you need to be off work due to stress or other psychiatric injury.
• Talking therapies.
• The cost of security installations like cameras, additional locks, and alarms.
• If the trade union data breach led to the disclosure of your address, you may need to relocate to protect yourself and your family.

We hope this section has been useful, but we emphasise once again that the information on personal data breach payouts is intended as a guide only. Trade union personal data breaches have unique impacts on everyone affected, so please speak to one of DBC’s dedicated advisors today for more tailored guidance. 

No Win No Fee Data Breach Solicitors – Benefits Explained

The benefits of working with the No Win No Fee data breach solicitors on DBC’s expert panel rest on their years of experience and proven success across an enormous range of claims. Here are just some of the ways a solicitor from our dedicated panel could support you, as well as the services they can provide:

• Making sure you receive any necessary counselling to help manage the impact of the trade union membership breach.
• Calculating a potential compensation figure.
• Assisting you with collecting supporting evidence.
• Communicating with the defendants on your behalf and making sure you understand all the technical language. We’ve put together a legal glossary to help you in this regard.
• Negotiating a settlement figure that reflects how you were affected by the union breach.

DBC’s panel operates on simple No Win No Fee terms under a Conditional Fee Agreement (CFA). By instructing a solicitor under this contract, you do not pay fees for any services at the start of, or during the claim. There are also no service fees to pay if the claim is lost.

Per the terms of the CFA, the solicitor will deduct a success fee if the claim is won. The Conditional Fee Agreements Order 2013 caps the percentage that can be charged as a success fee at 25%. So, the advantage is firmly with you.

Contact Us For A Free Consultation

We appreciate that there’s a lot of information here, and you probably have many questions. To get answers, or to find out if you could claim after a data breach at a trade union, use any of the contact details given here:

• Call us on 020 8050 6279
• You can also contact us by completing an online form. 
• Or, open the live chat on your screen now. 

More Information About Making Trade Union Membership Data Breach Claims

Additional personal data breach claims guides have been provided here:

• Find out how to claim for an internal email data breach with this guidance.
• Read our guide on how to report a data breach. 
• Learn all you need to know about claiming for a data breach at work and how compensation amounts are determined. 

Further guidance can be found using these external resources:

• Get advice on how to respond to a cyber attack from the National Cyber Security Centre.
• View the latest enforcement action taken by the ICO.
• You can access a range of mental health services for a variety of conditions through the NHS. 

To find out if you could be eligible to seek compensation, or for answers to any questions, speak to our dedicated advisors today using the details provided above. Thank you for taking the time to read this guide on making trade union membership data breach claims.