If your personal data has been compromised in a data breach at work, you may be experiencing psychological distress and may have even suffered financially. In this guide we cover everything you may need to know about making a claim for data breach compensation.
Key Takeaways
- Your employer can collect and process various personal data, such as your national insurance number and bank details
- You have a right to know what personal data is being processed, how it is being processed and why it is
- Personal data is any information that can identify you
- If you can prove that wrongful conduct occurred then you may be due compensation
- You can claim compensation for psychological harm and financial losses
- A No Win No fee solicitor can help you gather evidence for your claim
Keep reading to learn more about making a workplace data breach claim, or contact our team today to speak to an advisor by:
- Calling us on 020 8050 3051
- Contacting us online
- Using the live chat feature
Select A Section
- What Is A Workplace Data Breach?
- Can My Employer Store My Personal Data?
- How Can A Data Breach At Work Happen?
- Compensation For A Data Breach At Work
- Proving A Workplace Data Breach Claim
- Find Out How To Make A No Win No Fee Data Breach At Work Claim
- More Information
What Is A Workplace Data Breach?
The Information Commissioner’s Office (ICO) are the UK’s independent data protection watchdog. They define a data breach as a security incident that goes on to compromise your personal data’s:
- Confidentiality
- Integrity
- Availability
However, not all data breaches will result in a valid claim. To be eligible for compensation, you need to prove that wrongful conduct occurred and that the breach caused you harm. This harm can be emotional, or it can be financial.
What Is The UK GDPR?
Wrongful conduct occurs when those responsible for your personal data fail to follow the rules and regulations set out in data protection law. The two most important pieces of data legislation for UK residents are the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).
If you can prove that you’ve suffered financial or psychological harm because your personal data was involved in a data breach at work, contact our advisors today to find out if you could claim.
Can My Employer Store My Personal Data?
Personal data, according to data protection law, can be defined as any information that can be used to identify you. Some examples of personal data that your employer may be able to store include your:
- Full name
- Date of birth
- Postal address
- Personal mail address
- Phone number
- National Insurance Number
What About Special Category Data?
Special category data is a kind of personal data that needs extra protection because it is sensitive in nature. Some examples of special category data that your employer may collect and store include your:
- Race or ethnicity
- Sexual orientation
- Trade union membership
- Medical information and health data
- Biometric data
If you are worried that your personal data has been involved in a data breach at work, talk to one of our advisors today to see whether you may have grounds to claim compensation.
How Can A Data Breach At Work Happen?
So, how can a data breach at work happen? As we’ve already mentioned, not every workplace data breach is cause for a claim. Some examples of when you could potentially make a compensation claim:
- Verbal disclosure: For example, a colleague in Human Resources reads in your file that you have epilepsy. They verbally disclose this to your colleagues without a lawful basis for doing so, which causes you significant anxiety.
- Misuse of BCC: When sending a group email informing LGBTQ+ employees of a new counselling support scheme. The administrator does not use the blind carbon copy (BCC) feature, which allows others to see your email address and infer your sexual orientation. This causes you to suffer from depression.
- Sending a letter to the wrong address: Despite having your correct address on file, the HR department sends a dismissal letter containing your personal data to a colleague by mistake.
There are countless ways that a data breach at work can happen. To find out if our panel of solicitors could help you make a claim, contact our team today.
Compensation For A Data Breach At Work
Generally a data breach claim can result in two types of compensation. The first is called non-material damage compensation, and this is aimed towards the psychological effects of the breach.
For example, a data breach at work could cause you to suffer from a number of mental health conditions, including emotional distress, depression, anxiety, and post-traumatic stress disorder (PTSD).
When this head of claim is calculated, professionals can use the Judicial College Guidelines (JCG) to help. This is a document that contains compensation guidelines for different physical and psychological injuries.
If you’re curious as to what these guidelines might look like, we’ve set out a few that can be relevant to data breach claims below. However, it’s important to remember that these are not guaranteed amounts, and that the top figure is not a JCG figure.
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Severe Psychiatric Harm + Financial Losses | Up to £250,000+ | The combined effects of severe psychological harm and financial losses, which can include the cost of relocation and lost earnings. |
| Severe Psychiatric Damage | £66,920 to £141,240 | Harm in this bracket causes a very poor prognosis, and the claimant will struggle with every aspect of daily life. |
| Moderately Severe Psychiatric Damage | £23,270 to £66,920 | While the claimant still suffers severe issues with day to day life, there is slightly better prognosis in this category. |
| Moderate Psychiatric Damage | £7,150 to £23,270 | The claimant will show a significant improvement in their symptoms by the time of trial, and there is a good prognosis. |
| Less Severe Psychiatric Damage | £1,880 to £7,150 | The amount of compensation awarded can depend on how much sleep was disturbed, and the length of time the claimant was affected by symptoms. |
| Severe PTSD | £73,050 to £122,850 | The claimant is left with no remaining ability to function as they did before they experienced the trauma, and this affects all aspects of life. |
| Moderately Severe PTSD | £28,250 to £73,050 | This category has a better prognosis because there is a chance of some recovery occurring with the help of a professional. However, symptoms are still significantly disabling. |
| Moderate PTSD | £9,980 to £28,250 | There are no remaining effects that are grossly disabling, and the claimant has made a large amount of recovery. |
| Less Severe PTSD | £4,820 to £9,980 | The only symptoms that remain are minor, and the claimant has made essentially a full recovery. |
What Is Material Damage Compensation?
The second type of compensation that you could receive is called material damage compensation. You don’t need to have suffered non-material damage in order to claim this heading, and vice-versa.
Material damage refers to the financial losses you’ve endured because of the data breach. For example, if you need to take time off work to recover from the mental effects of the breach, then this could result in lost wages.
In some cases, you may even feel unsafe in your home, especially if your address has been compromised or released to unauthorized parties. The cost of relocating can be a massive financial burden, and this could potentially be covered by your material damage compensation.
If you’d like to learn more about how much compensation you could receive for a workplace data breach claim, we recommend contacting our team of advisors today.
Proving A Workplace Data Breach Claim
When you make any type of personal data breach claim, you need to prove that the breach occurred, and that it caused you harm. But how can you go about doing it? Some examples of evidence that you could use include:
- The results of an ICO investigation or complaint
- A letter of notification from your employer informing you what personal data was breached
- A report from a psychologist or doctor showing the mental harm you’ve suffered
- Bank statements, wage slips, or invoices that show the financial effects of the breach
Collecting evidence to support your claim can sound complex, but you don’t have to do it alone. If you choose to make your claim with help from one of our panel’s solicitors, they can give you guidance on supporting your claim with evidence.
Find Out How To Make A No Win No Fee Data Breach At Work Claim
So, why should you make your claim with a solicitor? While you aren’t legally required to work with a professional, it’s highly recommended that you don’t make your claim alone.
This is due to the fact solicitors go through years of education, training and work experience before they qualify to practice, giving them a deep knowledge of the legal system and the claims process.
They can use this knowledge to help you:
- Gain a deeper knowledge of the data breach claims process
- Gather evidence to support your claim
- Arrange an independent medical assessment
- Ensure all of your losses are included in your claim
- Negotiate a settlement
Our panel of solicitors offer their expert services on a No Win No Fee basis. The kind of arrangement they work under is called a Conditional Fee Agreement (CFA), which allows you to work with them and benefit from their services without being asked to pay for their work:
- Upfront
- As the claim progresses
- At all, if the claim fails
If you make a successful claim with the help of a No Win No Fee solicitor, then they will take a success fee. This is a small percentage of your compensation which is capped by law, helping to make sure that you keep the majority of what you get.
Contact Us
If you’re reading to start the data breach at work claims process with an expert from our panel, get in touch today by:
- Calling us on 020 8050 3051
- Contacting us online
- Using the live chat feature
More Information
For more helpful data breach guides:
- Learn about claiming bank data breach compensation
- Find out what to do if your password has been involved in a data breach
- Get help with claiming for a data breach by a solicitor
Or, to access further resources:
- Data protection guidance for the public from the ICO
- Learn about claiming Statutory Sick Pay from GOV.UK
- Information and support on mental health conditions from MIND
Thank you for reading our guide on claiming for a data breach at work.
