Have you suffered a former employer data breach? This guide will look at the grounds you may have to claim compensation if a former employer fails to keep your personal data safe, even after you no longer work for them.
We will start our guide by explaining the laws that protect the personal data rights of the public and all the legal terminology is explained along the way. We will move on to the criteria which apply to making a compensation claim for a data breach and what evidence can help.
Moving on to compensation, we will examine guideline compensation amounts for the psychological harm caused by your involvement in a security incident and data breach. In conclusion, our guide will explain the advantages of seeking these damages with a No Win No Fee data breach solicitor from our panel.
You can get in touch with our advisors at any point as you read. The information and guidance they offer is free and carries no obligation.
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Former Employer Data Breach Claims Guide
Browse Our Guide
- Can You Claim For A Former Employer Data Breach?
- Examples Of Former Employer Data Breaches
- What Data Breach Compensation Amount Could You Receive?
- Evidence That Could Help You Claim Former Employer Data Breach Compensation
- Why Make Data Breach Claims On A No Win No Fee Basis?
- Learn More About Claiming For A Former Employer Data Breach
Can You Claim For A Former Employer Data Breach?
The two main pieces of legislation that protect the personal data of all UK residents are:
- The Data Protection Act 2018 (DPA)
- The UK General Data Protection Regulation (UK GDPR).
Under these laws, two main parties are required to process data according to set standards. Data controllers are the party that typically requests and holds personal data. Data processors work with that data on their behalf. This work can take place within the same organisation or be outsourced to another company.
An independent data protection watchdog called the Information Commissioner’s Office (ICO) is responsible for upholding data rights in the UK and can issue severe penalties to both parties if they fail to process data according to these standards.
Under Article 82 of the UK GDPR, a compensation claim for a data breach must meet certain criteria. This means you need to prove that:
- The data controller or data processor failed to adhere to DPA or the UK GDPR
- Their wrongful conduct caused a data breach that affected your personal data
- You suffered psychological distress and/or financial loss as a direct consequence.
A breach of personal data is any security incident that compromises the confidentiality, integrity and availability of personal data. It is useful to know that personal data can be any detail that alone, or in conjunction with other details could provide a way to identify you.
Typically, this ranges from commonly shared details such as name, address and date of birth to sensitive data about medical conditions, racial background and sexual orientation. This data is referred to as special category data, which means data controllers and processors need to give it extra protection.
If you can prove that a former employer data breach harmed you, contact our team of advisors today to start your claim.
Examples Of Former Employer Data Breaches
What are some of the ways that a former employer data breach could happen? Below are some examples:
- Inadequate office security could result in paperwork being lost or stolen, allowing unauthorised parties to access your personal data. For example, your employer may have stored personal data in a filing cabinet without a lock.
- A company data breach might take place if your old employer sent your personal data in a fax to the wrong person.
- If your former employer had inadequate cyber defence in their company, HR department or pay role and cyber-criminals were able to hack the databases, this could be a data breach.
These are just some of the ways that a personal data breach could occur due to a former employer’s actions. Importantly, not every form of data breach is the employer’s fault, so check with our team to establish solid grounds for starting your compensation claim.
What Data Breach Compensation Amount Could You Receive?
There are two heads of loss that can apply to a personal data breach claim. Non-material damage refers to injury and harm caused to you psychologically by the breach. For example, you might experience general distress due to the data breach, depression, or even post-traumatic stress disorder (PTSD).
Those who value this head of claim may refer to a document called the Judicial College Guidelines (JCG) to help them. This is because it offers guideline compensation brackets for a number of different physical and psychological injuries. Below, you can find some examples of these guidelines, but please note that these figures are not guaranteed.
Compensation Guideline Amounts
| Type of Mental Injury | Definition | Severity | Award Suggestion |
|---|---|---|---|
| Severe Psychological Damage + Special Damages | Severe psychological damage or harm paired with significant financial losses, such as lost earnings. | Severe | Up to £200,000+ |
| Psychiatric Damage Generally | Notable issues coping with everyday life on all levels and a poor future outlook indicated. | (a) Severe | £54,830 to £115,730 |
| Psychiatric Damage Generally | Better indicated prognosis but still a long-term disability preventing a return to normal life. | (b) Moderately Severe | £19,070 to £54,830 |
| Psychiatric Damage Generally | An improvement noted by any time that a trial may need to be heard. | (c) Moderate | £5,860 to £19,070 |
| Psychiatric Damage Generally | Award reflects length of illness and other mental health issues like phobias. | (d) Less Severe | £1,540 to £5,860 |
| Post-Traumatic Stress Disorder (PTSD) | Far-reaching trauma response that causes serious problems across all areas of normal life. | (a) Severe | £59,860 to £100,670 |
| Post-Traumatic Stress Disorder (PTSD) | A better outcome is indicated after the person receives professional counselling. | (b) Moderately Severe | £23,150 to £59,860 |
| Post-Traumatic Stress Disorder (PTSD) | On the whole a recovery seen and any persisting symptoms are manageable. | (c) Moderate | £8,180 to £23,150 |
| Post-Traumatic Stress Disorder (PTSD) | Almost a total recovery within 2 years and only minor problems reaching beyond this date. | (d) Less Severe | £3,950 to £8,180 |
Material Losses In Data Breach Claims
A personal data breach can also cause financial losses, known as material damage. Material damage compensation seeks to address losses and expenses such as:
- Money stolen from your bank account.
- Debit and credit card fraud in your name
- Lost earnings caused by time taken off work to recover from the psychological injuries caused by the breach
To claim under this heading, you will be expected to provide evidence of your losses. This can come in the form of bank statements and wage slips.
You can chat with our advisors about material and non-material damage on the number above, or keep reading to learn more about making a former employer data breach claim.
Evidence That Could Help You Claim Former Employer Data Breach Compensation
When you make a personal data breach claim, it’s important that you’re able to prove how the breach occurred, as well as how it has affected you. Some examples of evidence that you could use to do this include:
- Correspondence with your former employer: Correspondence with your former employer that evidences how the breach occurred and when can help prove your claim.
- Contact with the ICO: A complaint made to the ICO or the results of an ICO investigation could also be used as evidence in your claim.
- Medical records: Your medical records can offer insight into the effect the breach has had on your mental health.
- Bank statements: Your bank statements can illustrate any financial losses caused by the breach.
If you choose to work with a solicitor on your claim, they can help you gather this evidence. To find out how one of the solicitors from our panel could help you prove your former employer data breach case, contact our team of advisors today.
Why Make Data Breach Claims On A No Win No Fee Basis?
There are many benefits to working with a solicitor. The solicitors on our panel are able to offer very professional services under a version of a No Win No Fee contract known as a Conditional Fee Agreement (CFA). This means you won’t pay anything to your solicitor upfront or as the claim goes on for their work. Plus, if your claim fails, you won’t pay for your solicitor’s services. If your claim does succeed, you’ll pay a success fee. This is taken from your compensation as a small percentage, which is limited by a legal cap.
A solicitor from our panel could help you gather evidence, file your claim, and explain any complex parts of the claims process. To learn more about how they could help you, contact a member of our team. They can provide a free consultation, and answer any questions you may have about the claims process.
Contact Our Team
- You can call on 020 8050 3051
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- Contact us online.
Learn More About Claiming For A Former Employer Data Breach
Lastly, thank you for reading this guide on a former employer data breach claim. Learn more about personal data breach claims from the guides below:
- How to claim for an employer data breach is discussed further here.
- Find out what to do if you have suffered a breach of data protection at work.
- In addition to this, read about data breaches of disciplinary records.
For more helpful resources:
- Read how to make a data protection complaint advice from the Government.
- Also, some guidance for individuals and families about data breaches from the NCSC.
- Finally, some advice on being data aware for the public from the ICO.
