In this article, you’ll read about when data breach compensation could be sought if your personal information has been lost by your employer. We explain what a personal data breach is and the data protection law that employers must adhere to, to keep your personal information safe.
You’ll also read about how your personal information could be lost by your employer and the eligibility criteria that apply to subsequent employer data breach claims. Additionally, we explain what you can do if your employer loses your personal data and the types of workplace data breach compensation that could be awarded if you make a successful personal data breach claim.
Finally, we explain some of the benefits of using a data breach solicitor from our panel who can provide a No Win No Fee service if your claim is valid.
For free advice on how to claim employer data breach compensation or to ask any questions, you can:
- Call 020 8050 3051 to speak with a specialist.
- Contact us
- Use our free live chat service.
Browse Our Guide
- Can You Claim Compensation If Your Personal Information Has Been Lost By Your Employer?
- How Could An Employer Lose Important Documents Containing Your Personal Information?
- What Could You Do If An Employer Has Lost Important Documents At Work?
- Compensation If Your Personal Information Has Been Lost By Your Employer
- Claim For An Employer Data Breach On A No Win No Fee Basis
- Read More About Claiming Employee Data Breach Compensation
Can You Claim Compensation If Your Personal Information Has Been Lost By Your Employer?
If your employer has lost your personal data and you have suffered as a result, you could be entitled to claim data protection breach compensation.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are laws that set out your employer’s obligations with regard to personal data. The UK GDPR defines the roles of data controllers and data processors. The controller sets out how and why your data is used. They may process the data in-house or use an external data processor.
Failure to follow the rules of data protection legislation, i.e. the UK GDPR and the Data Protection Act, could result in a personal data breach.
A personal data breach is defined by the Information Commissioner’s Office (ICO), the independent body tasked with upholding data protection rights, as an incident of security that causes your personal data’s integrity, availability, or confidentiality to be compromised. The ICO defines personal data as information that can identify you i.e. your name, home address or email address. More sensitive data, called special category data, such as information about your health, needs extra protection.
If your personal information has been lost by your employer, a company data breach claim might be possible if:
- Your employer (the data controller) failed to abide by data protection laws.
- As a result of that failure, personal data about you was affected.
- The data breach has led to you suffering emotional harm, financial damage or both.
How Could An Employer Lose Important Documents Containing Your Personal Information?
Let’s now look at some of the consequences of data loss that could occur if your personal information was lost by your employer:
- A copy of your payslip, which contained your name, address, salary and pension information, was thrown away in the normal rubbish instead of securely disposed of. As a result, your details were used in identity fraud and used to take out credit in your name.
- Your employee file, which contained a letter regarding your disciplinary hearing, was left on public transport. This led to serious embarrassment and distress.
- A memory stick containing a folder which documented employee return-to-work forms was lost. Medical conditions and mental health issues of all employees were compromised.
These are just a few examples of when you could suffer because your employer has failed to protect your personal data, and this has led to a data security incident. Not all instances of personal data breaches will mean you have eligibility to pursue compensation. Only when the data breach is a result of the data controller or processor’s failure to abide by data protection laws is a claim possible.
If you’d like to check whether you have a valid employer data breach compensation claim, why not call the number above today?
What Could You Do If An Employer Has Lost Important Documents At Work?
Following a data breach of employee information, some of the steps you may want to take to help with any subsequent claim include:
- Collect evidence. For example, retain any correspondence you’ve received from your employer about the breach. This could include a letter or email notifying you about what happened.
- Keep any receipts or financial documents that prove any losses linked to the breach.
- Visit a GP or a mental health specialist to have any suffering diagnosed and documented.
Additionally, if you choose to report a data breach to the ICO, they might decide to investigate it. If that happens, their report will be made public and could be used as evidence to support your claim.
For free advice on how to claim compensation for a data breach, please feel free to call our team today.
Compensation If Your Personal Information Has Been Lost By Your Employer
If you win a data breach claim, you will be awarded compensation for your suffering. Two types of damage could be included. Non-material damage is the first – it covers any psychological suffering proven to have been due to the breach. This could mean you’ll receive compensation for distress, depression or anxiety.
Data breach solicitors and other legal specialists may use medical records and valuation brackets from the Judicial College Guidelines (JCG) when valuing non-material damage. The table below contains JCG data for reference. The figures are for guidance only and the first row is not from the JCG.
Compensation Table
| Type of Harm | Level | Compensation Bracket Guidelines | Further Details |
|---|---|---|---|
| Extremely Severe Psychological Harm and Significant Financial Losses | Severe | Up to £150,000 + | This level of compensation might be awarded if you've suffered very significant psychological injuries and have sustained substantial financial losses as a result. |
| Psychiatric Damage - Generally | Severe(a) | £54,830 - £115,730 | A very poor prognosis which will cause marked issues over many aspects of the claimant's life. |
| Moderately Severe(b) | £19,070 - £54,830 | The claimant's life will be affected by significant problems but their prognosis will be more positive than in severe cases. | |
| Moderate(c) | £5,860 - £19,070 | The prognosis in the bracket will be good as there will be a good level of improvement. | |
| Less Severe(d) | £1,540 - £5,860 | The impact and duration of symptoms will be used to value claims in this category. | |
| Post-Traumatic Stress Disorder | Severe(a) | £59,860 - £100,670 | Symptoms in this category will be so severe that they will prevent a return to pre-trauma levels of functioning and the claimant will be unable to work. Every aspect of their life will be affected. |
| Moderately Severe(b) | £23,150 - £59,860 | Although professional counselling will lead to a better prognosis, for the foreseeable future, there will still be some significant disability. | |
| Moderate(c) | £8,180 - £23,150 | Any ongoing disabilities will not be majorly disabling and there will be a significant amount of recovery. | |
| Less Severe(d) | £3,950 - £8,180 | Within 24 months, the claimant will have virtually recovered in full and only minor symptoms persisting. |
Claiming ‘Material Damage’ In A Lost Files Data Breach Claim
If your personal information has been lost by your employer, a successful claim could cover any material damage, too. Therefore, you could provide bank statements or payslips to help claim back any:
- Counselling costs for mental health illness
- Lost earnings incurred because the effects on your mental health prevented you from working.
If you’d like to check how much compensation you could be awarded after your employer lost or misplaced documents containing your personal data, please call today.
Claim For An Employer Data Breach On A No Win No Fee Basis
A data breach solicitor from our panel may offer to represent you if you have a valid claim. Some of the services they may offer include:
- Evidence gathering.
- Filing your claim and important correspondence on time.
- Valuing your claim.
- Sending you regular updates about your claim’s progress.
Importantly, these services may be provided on a No Win No Fee basis if your solicitor uses a Conditional Fee Agreement or CFA. This would mean that you won’t pay for your solicitor’s work upfront, during the data breach claims process or if the claim fails.
However, if you are compensated, you’ll have a percentage of your compensation deducted as a success fee. Importantly, this percentage is capped legally, which means the bulk of the settlement will be paid to you. To find out more about personal data breach claims, call our advisors today for free advice.
If your personal information has been lost by your employer and you believe that you should be compensated, you can:
- Call 020 8050 3051 to speak with a specialist.
- Contact us
- Use our free live chat service.
Read More About Claiming Employee Data Breach Compensation
Here are a few more of our helpful guides:
- Further advice on when a breach of data protection at work could lead to a compensation payout.
- Information about when lost or stolen paperwork could lead to a personal data breach.
- Details on when an HR department data breach might allow you to seek damages.
Finally, here are some useful external links.
- Some examples of recent action taken by the ICO.
- Details about the types of personal data employers can keep on employees.
- Advice on how to get help with stress from the NHS.
If your personal information has been lost by your employer, please call today for free advice to learn more about claims for personal data breaches.