Accidental Data Breach At Work – Compensation Claims Guide

This guide will explain what to do if you have been affected by an accidental data breach at work.

Firstly, it will explore who is eligible to claim and why that might be. There is more than one scenario in which a personal data breach can happen by accident. We’ll explore a few examples of workplace data breaches.

There are also steps you and your employer should take if a data protection breach occurs, as well as evidence you will need to make a compensation claim. They will be explained step-by-step to give you the best chances of seeking compensation possible.

The guide will then examine how compensation could be awarded and what might be the best way to claim it. In this case, the most certain path between you and data breach compensation could be a claim with our panel of No Win No Fee solicitors.

Don’t wait to find out.

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Can I Claim For An Accidental Data Breach At Work?

Your employer has an obligation under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) to maintain the confidentiality, availability, and integrity of your personal data. If they do not, they risk infringing upon your data protection rights.

You can claim for an accidental data breach at work if your employer does all of the following:

  • Creates or allows a security incident involving your personal data.
  • In doing so, acts contrary to key data protection principles.
  • Harms you with that action.

There are three parties involved in this relationship.

  • Data subjects – the person the data identifies, i.e. you.
  • Data controllers – the party responsible for and who makes decisions about the data, i.e. your employer.
  • Data processors – a part of the controller or third-party who handles data, usually on behalf of the controller.

A member of our panel can help you investigate who was responsible for your data breach. Get in touch today via the methods above.

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What Personal Data Does My Employer Have Access To?

Personal data is capable of identifying you, either by itself or with other personal data.

Your employer has access to a significant amount of your personal data such as:

  • Full name.
  • Address.
  • Contact details.
  • Date of birth.
  • National Insurance number.

They may also have access to special category data. This is any information that relates to characteristics protected from discrimination. For example:

  • Political or religious beliefs.
  • Racial or ethnic origin.
  • Sexual orientation.
  • Gender identity.
  • Medical records.

If this has happened to you, our panel of experts can help. Contact us today using the information at the start of this guide.

How Could An Accidental Data Breach At Work Happen?

If your employer causes an accidental data breach at work by mishandling your data, they may be liable for any damage caused. This can happen in various ways:

  • A laptop containing payroll and other personal data is lost by your employer on a train. Without knowing who has such sensitive information, you suffer significant stress and ill-health.
  • Your exit paperwork is sent to the wrong address when your former employer alters your records by mistake. The paperwork references your name and trade union membership.
  • Your employer offers to contribute towards professional counselling for several staff members. Due to human error, they CC (carbon copy) rather than BCC (blind carbon copy) everyone into the group email, disclosing everyone’s health status to the chain.
  • Construction workers are granted access to the office of the employment agency you work with. Your HR file is left out and open where it can be read.

This list covers the main ways in which data breaches occur, but it is not exhaustive. Contact us to discuss your particular case. Our advisors are here to listen.

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What Should My Employer Do After A Data Breach?

Your employer must inform you of an incident that puts your data rights and freedoms at risk, i.e. an accidental data breach at work. This correspondence must:

  • Explain the incident and data involved.
  • Raise any likely consequences.
  • Disclose measures they have taken since.
  • Advise how you can protect yourself.

They must also notify the Information Commissioner’s Office (ICO) within 72 hours of awareness of the breach. The ICO is a public body with the power to regulate, advise, and issue fines on data matters.

Contact our advisors for more advice on how to get a claim started. Their details are at the top of this page.

How Do I Know If My Employer Is At Fault For An Accidental Data Breach?

Your employer must write to you if an accidental data breach at your work compromises your personal data whether it is the employer’s fault or a third party such as a cyber attacker. This correspondence lays the foundation of the evidence needed to make your claim.

Other examples of proof you could use are:

  • Any other personal data that your employer holds on file.
  • Correspondence from the ICO or the results of an investigation.
  • Notes from your GP or accredited therapist.

Don’t worry if you aren’t sure you have the evidence you need. A solicitor from our panel can help you gather the evidence needed to claim for non-material damage. Call our advisors via the details above to know more.

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How Much Compensation For A Workplace Data Breach?

You can claim compensation for any damage caused by an accidental data breach at work.

Damage is divided into two categories.

  • Material damage can be stated in financial terms.
  • Non-material damage cannot.

Non-material damage includes pain and suffering. It is harder to value, so a data breach lawyer or others involved in calculating data breach claims will use the Judicial College Guidelines (JCG). They are tables that set out how much different injuries are worth.

Some examples are below, although the top entry is to account for more complex cases. It is not a JCG figure. As all claims are different, please only use this table as guidance.

TypeSeverityCompensation GuidelineNotes
Multiple Psychiatric Injury plus Compensation for Non-Material DamageVery SevereUp to £250,000 or moreSettlements could include compensation for severe mental harm and material damage, such as relocation costs and therapy.
Psychiatric Damage GenerallySevere£66,920 to £141,240Extreme effects on prospects, relationships, and health with a very poor prognosis.
Moderately Severe£23,270 to £66,920Significant effects on prospects, relationships, and health. Some optimism possible.
Moderate£7,150 to £23,270Recovery of prospects, relationships, and health possible.
Less Severe£1,880 to £7,150Time to fully recover determines value.
Post-Traumatic Stress DisorderSevere£73,050 to £122,850All aspects of life affected, often permanently.
Moderately Severe£28,250 to £73,050Significant disability foreseeable with some recovery possible given specialist help.
Moderate£9,980 to £28,250Recovery possible without significant long-term effects.
Less Severe£4,820 to £9,980Recovery possible within two years.

Can I Claim For Material Damage?

You can claim for material damage if you can prove that a data breach caused that financial harm.

You can claim compensation for various types of material damage, including:

  • Lost earnings.
  • Medical or therapy expenses.
  • Travel or relocation costs.
  • Any costs involved with finding a new job.

It’s impossible to know exactly what a claim is worth until it’s over. Our advisors are nonetheless here to answer any questions you may have. Get in touch using the information above.

No Win No Fee Claim For An Accidental Data Breach At Work

Claims can help those affected by an accidental data breach at work put their life back together. However, such claims need time, funding, and understanding to succeed. Our panel of solicitors can help.

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They are industry leaders with a track record of resolving data breach claims to their fullest potential.

Instructing them brings every advantage:

  • Cutting-edge legal knowledge.
  • Expertise in negotiating settlements.
  • Extensive resources to gather the best possible evidence.
  • Compassion to guide you through every step.

This is all possible on a No Win No Fee basis. Once you sign a Conditional Fee Agreement (CFA) with a member of our panel, they will be able progress your claim without taking payment for their services:

  • At the start of your claim.
  • While it’s ongoing.
  • If you lose.

You only pay for their services from the compensation awarded if you win. Even this is a small percentage capped by law and agreed before you begin.

There’s no need to wait. Start your accidental data breach claim today.

More Useful Resources About Making A Personal Data Breach Claim

Please enjoy the following guides from our site:

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