In this guide, we explore different HR data breach examples. There are some instances when a claim following a breach of your personal data could be made. We will discuss what a personal data breach is, how it could affect you, and the eligibility criteria that need to be met to make a claim.
Examples Of An HR Data Breach
We also explore the legislation that outlines the responsibilities certain parties have with regard to the processing and storing of your personal data, as well as how a breach could occur if these responsibilities aren’t upheld.
As you move through our guide, you will find information on the compensation that you could receive to address the different ways in which you have been affected by a personal data breach.
Finally, we provide an overview of the advantages of working with a No Win No Fee solicitor when seeking compensation.
To get in touch, you can:
- Call 7 days a week, 24 hours a day on 020 8050 3051
- Contact us online
- Start a conversation via our live chat feature below
Jump To A Section
- When Are You Eligible To Make A Claim For An HR Data Breach?
- HR Data Breach Examples
- How Much Compensation Could You Receive From An Employer Data Breach?
- Claim For Employer Data Breach Compensation Using No Win No Fee Solicitors
- Learn More About HR Data Breach Examples
When Are You Eligible To Make A Claim For An HR Data Breach?
Legislation, including the Data Protection Act 2018 (DPA) as well as the UK General Data Protection Regulation (UK GDPR) outline the ways data controllers and data processors need to protect your personal data. Each of these parties has a different role with controllers setting the purpose for processing, and processors acting on the controllers behalf.
If they failed to adhere to data protection laws, and this resulted in a personal data breach, you could be caused financial damage, emotional harm, or both, as a result.
The Information Commissioner’s Office, the independent body in the UK set up to uphold information rights, has a useful definition of a personal data breach. They state it’s a breach of security in which your personal data is lost, destroyed, or altered. This can either happen in an accidental, or an unlawful way. It can also involve the disclosure or access of your personal data in an unauthorised way.
Personal data is any information that can be used to identify you. This can include your name, email address, postal address, phone number, National Insurance number, and credit or debit card details.
In order to be eligible to claim for a breach of personal data, you need to show:
- There were failings on the part of the data controller or data processor to ensure data protection laws were adhered to.
- As a result of their wrongful conduct, a breach involving your personal data occurred.
- Due to the breach, you experienced financial loss, mental harm, or both.
Is There A Time Limit When Making Data Breach Claims?
There’s a 6-year time limit for data breach claims. If the claim is against a public body, this reduces to just 1 year.
You need to ensure that, as well as ensuring the eligibility criteria are met, you start your claim within the relevant time limit. To find out how long you may have to seek compensation, please get in touch on the number above.
HR Data Breach Examples
A data breach compromising your personal data could happen for various reasons, and in different departments within a business, such as a HR department. Below, we have provided some HR data breach examples:
- Stolen files: Files containing your personal information may have been stolen due to them being stored insecurely.
- Wrong email address: A member of an HR department may have sent an email containing personal information to the wrong email address, despite having the correct details on file.
- Failure to use the blind carbon copy (BCC) feature: A staff member may have sent a mass work email without using the BCC feature resulting in email addresses being compromised.
- Poor security: There may have been a failure to ensure the cyber security systems were up to date, making an organisation more susceptible to a cyber attack. As a result, personal information is stolen in a ransomware attack.
To discuss your specific case and find out whether you’re eligible to make a claim for personal data breach compensation, please contact an advisor on the number above.
How Much Compensation Could You Receive From An Employer Data Breach?
Data breach settlements following a successful claim can include compensation for the following:
- Psychological harm, including stress, depression, anxiety, distress, and post-traumatic stress disorder, in more severe cases. This is referred to as non-material damage. Medical records can help show any mental harm you have experienced.
- Monetary loss, including money stolen from your account or loans taken out in your name after your debit or credit card details have been compromised. This is referred to as material damage. Evidence, in the form of bank statements or credit reports, could help prove these losses.
In order to accurately value your mental injuries, solicitors can refer to the guideline compensation brackets set out in the Judicial College Guidelines. You can find some of these figures in the table below. However, it’s important that you only use these as a guide as settlements can vary depending on the unique circumstances of a case.
Guideline Award Brackets
| Harm | Severity | Award Bracket - Guidelines | Notes |
|---|---|---|---|
| General Psychiatric Harm | (a) Severe | £54,830 to £115,730 | The person has marked problems with several areas of their life, and a very poor prognosis. |
| (b) Moderately Severe | £19,070 to £54,830 | Significant problems with several areas of life, but a better prognosis. | |
| (c) Moderate | £5,860 to £19,070 | A marked improvement and a good prognosis. | |
| (d) Less Severe | £1,540 to £5,860 | The extent to which the person has been affected, and how long they have been affected, will be considered when determining the award. | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £59,860 to £100,670 | Permanent issues that prevent the person from working or functioning at the same level they did before the trauma. |
| (b) Moderately Severe | £23,150 to £59,860 | A significant disability is likely for the foreseeable future, however, the person has a better prognosis due to some recovery after receiving professional help. | |
| (c) Moderate | £8,180 to £23,150 | The person will have made a significant recovery and if there are any continuing issues, they won't be majorly disabling. | |
| (d) Less Severe | £3,950 to £8,180 | A mostly full recovery within a couple of years. There may be some minor issues that persist over a longer period. |
For more information on when you could claim for an HR data breach, and examples of the compensation that could be awarded if you succeed, call our team.
Claim For Employer Data Breach Compensation Using No Win No Fee Solicitors
There are several benefits of working with a data breach solicitor. For example, they can:
- Help you gather evidence to support your potential claim.
- Value your claim.
- Regularly update you on the different stages of the claims process.
- Help explain any complex legal jargon.
- Work on your case at times you are unable to.
The solicitors on our panel could offer services similar to these under the terms of a No Win No Fee agreement. Whilst there are different types, the one they offer is called a Conditional Fee Agreement (CFA). Typically, this means you won’t pay any fees for the solicitor’s services upfront, as the claim proceeds, or if the claim fails.
If the claim is a success, your solicitor can take a success fee from your compensation. They take this as a percentage, however a legal cap does apply. As such, you can keep the majority of your compensation.
An advisor can discuss other HR data breach examples to help you understand whether you are eligible to claim. They can assess your potential case and determine whether you have valid grounds to claim following a breach of data protection at work. If you are, they could connect you with a solicitor from our panel.
For more information:
- Call our advisors 7 days a week, 24 hours a day on 020 8050 3051
- Contact us online to discuss your claim
- Use the live chat feature below.
Learn More About HR Data Breach Examples
For more of our guides:
- Am I able to claim for a trade union membership data breach?
- When can I claim for a data breach at a bank?
- What types of personal data breach could you claim for?
For more external resources:
- GOV – Data protection
- ICO – Make a complaint
- National Cyber Security Centre – Tips for staying secure online
Thank you for reading our guide exploring HR data breach examples. If you have any further questions, please get in touch using the number above.
Writer Jeff Walker
Editor Meg Monsoon