In this guide, we explain how you could claim compensation for a recruitment agency data breach. Like all companies and organisations, recruitment agencies must safeguard your data. So, in this guide, we look at the claims process for seeking damages for financial and emotional harm if they fail.
We begin by clarifying who is eligible to start a data breach compensation claim. We explain how two pieces of law require certain standards for data processing and give examples of how a security incident and breach can typically arise.
Moving on to evidence, we explain what you could use to prove a recruitment agency failed to protect your personal data. We discuss how successful compensation payouts are calculated based on evidence. To conclude, we explain the advantages of instructing a data breach solicitor from our panel to start a claim.
Recruitment Agency Data Breach
Our advisors offer a free case check to see if your claim is eligible. If so, they could introduce you to a solicitor today. To find out more, read on, or:
- Call for free 24/7 on 020 8050 3051
- Contact us via the online form.
- Ask a question via the live support option below.
Select A Section
- When Can You Claim Compensation For A Recruitment Agency Data Breach?
- How Could Personal Data Breaches Happen?
- How Much Compensation Could You Claim From A Recruiter Data Breach?
- Actions To Take After Recruitment Agencies Data Breaches
- Claim Data Breach Compensation Using An Experienced No Win No Fee Solicitor
- Read More About Data Breach Claims
When Can You Claim Compensation For A Recruitment Agency Data Breach?
You could have an eligible claim for a data breach if you meet certain criteria. All parties that process personal data must comply with data protection law. Primary pieces of data protection law are:
- The Data Protection Act 2018 (DPA).
- UK General Data Protection Regulation (UK GDPR).
Two main entities are involved in the processing of personal data. Data controllers, (which in this case are recruitment agencies) decide how and why the personal data is processed. Data Processors act on their behalf to work with the data, in an outsourced capacity. However, data controllers can do their own processing if they choose to. Both can be found liable for a data breach occurring if they fail to comply with data protection laws.
Personal data is any detail that can identify someone when used alone or alongside other information. This typically includes name, postal address, email address, or credit and debit card details.
More personally sensitive data can be retained by recruitment firms, such as details about your health, religion or ethnic background. This is known as special category data, and because of its sensitive nature, it is given extra protection.
What Is A Personal Data Breach?
The Information Commissioner’s Office (ICO) is an independent body set up to protect information rights and freedoms in the UK. It defines a personal data breach as a security incident that impacts the availability, integrity and confidentiality of personal data. So this can include the accidental or deliberate loss, destruction, alteration and unauthorised sharing of this personal data.
Not all data breaches are grounds for a compensation claim, as companies with the best cyber defence can still suffer a hack or scam. With this in mind, the essential criteria to meet at the start of your claim is:
- The data controller or data processor failed to adhere to the UK GDPR and DPA.
- Because of this, a breach of your data occurred.
- As a consequence, you suffered financial loss, psychological harm or both.
These points must all apply to have a valid case. To find out more about your eligibility to start a recruitment agency data breach claim, speak to the team at the contact number above.
How Could Personal Data Breaches Happen?
Next, we look at some general data breach examples in which recruitment agencies could be responsible for wrongful conduct:
- Lack of DPA, UK GDPR and security awareness training could mean files containing your data are stolen or lost.
- Human error at the recruitment agency may result in your CV and contact information being sent to the wrong email address, creating considerable anxiety for you.
- The employment agency may have weak or insufficient cyber defences and as a result, suffer cyber attacks. If credit or debit card details are compromised in cyber attacks, money could be stolen from your accounts.
Recruitment Agency Data Breach
UK recruitment firms adopting a strategic plan that integrates a coherent cyber security stance and those who effectively implement data protection laws can help stop data breaches from occurring.
To discover if your data breach claim is viable, speak to the team. They can provide on-the-spot free guidance about how compensation for a data breach might apply in your particular case.
How Much Compensation Could You Claim From A Recruiter Data Breach?
In a successful recruitment agency data breach claim, you can be compensated for non-material damage, which is the psychological distress caused by the data breach.
Knowing that your data is in the public domain can create a range of anxiety and stress issues. As part of the claims process, you may be invited to an independent medical assessment where a doctor will detail a report that can be used to value non-material damage.
In addition, those responsible for valuing the mental harm caused can refer to the Judicial College Guidelines (JCG). The document provides guideline award brackets for various types and severities of harm. Below you’ll find an excerpt. Please note, that these figures are only a guide (as each claim varies) and the top-line amount does not come from the JCG:
Compensation Guidelines
| Type of Mental Harm | Severity | Notes | Guideline Amount |
|---|---|---|---|
| Severe mental health impact plus significant financial losses | Severe | A very severe mental health reaction that incurs substantial loss of earnings. | Up to £150,000 plus |
| General Psychiatric Damage | (a) Severe | Significant problems coping in all parts of life with a poor future outlook indicated. | £54,830 up to £115,730 |
| (b) Moderately Severe | Significant similar issues felt in areas of work and personal relationships, however a better prognosis is indicated. | £19,070 up to £54,830 | |
| (c) Moderate | Despite similar problems to those in the brackets above, an improvement is seen at the point the claim might need to be heard. | £5,860 up to £19,070 | |
| (d) Less Severe | This bracket takes into account the duration of illness. | £1,540 up to £5,860 | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | Permanent impacts that prevent the person from coping with life as they did prior to the trauma. | £59,860 up to £100,670 |
| (b) Moderately Severe | This bracket differs from one above after professional counselling has helped. | £23,150 up to £59,860 | |
| (c) Moderate | The person makes a substantial recovery with any ongoing issues not being of a grossly disabling level. | £8,180 up to £23,150 | |
| (d) Less Severe | A mostly full recovery within 2 years and only minor symptoms lasting beyond this date. | £3,950 up to £8,180 |
Claiming For Material Losses
You could also claim for material damage which is the financial loss data breaches can cause. You could seek compensation for:
- Lost income from time off with stress.
- Costs of having to relocate
Data Breach Calculator
To prove material loss, you would need to present receipts, bank statements, and pay slips that prove the financial damage caused. Our advisors are happy to offer further information about how data breach compensation payouts are calculated. Please get in touch to see if they can calculate yours.
Actions To Take After Recruitment Agencies Data Breaches
If you believe that a recruitment agency has breached your personal data you may be thinking of making a data breach claim but unsure where to begin. It’s important to gather as much evidence as you can that not only proves how the data breach occurred (this is needed to prove liability) but also how you have suffered. To help, we have listed some actions below:
- Collect together all the correspondence with the recruitment agency that details the breach. All organisations must inform you of a breach that could impact your rights and freedoms so you may have received a letter or email from them to this effect.
- Start pulling together all documents that show financial harm caused by the data breach.
- Obtain copies of medical records that show the extent of mental harm suffered.
Claim Data Breach Compensation Using An Experienced No Win No Fee Solicitor
Instructing a solicitor to help could mean you put forward a stronger claim and if successful, receive a higher level of compensation. Our panel of data breach solicitors have decades of experience gathering evidence, accurately calculating potential compensation amounts and ensuring all correspondence is sent and received promptly on your behalf.
What’s more, they can offer these services under a version of a No Win No Fee agreement called a Conditional Fee Agreement (CFA). This typically offers the following terms:
- They will not charge you any fees for their services upfront or for their continued services as the claim proceeds.
- After an unsuccessful claim, there are no fees for the completed work on your case.
- But if your case succeeds, the solicitor takes a success fee from your compensation.
- This is a small and legally limited percentage, thereby ensuring you can keep the majority of your award.
Data Breach Claim Solicitor
If you’re interested in finding out more about how a service like this could help you reach out today. You can connect in the following ways:
- Call for free 24/7 on 020 8050 3051 about your recruitment agency data breach claim.
- Contact us via the online form to see what it could be worth.
- Ask a question via the live support option below.
Read More About Data Breach Claims
Please find more of our helpful guides below:
- Further reading on an employment agency data breach.
- This guide focuses on claiming if a former employer breached your personal data.
- Read about what you can do after an email data breach that involved your personal data
Lastly, here are some external resources to help:
- This guide looks at the symptoms of stress from the NHS.
- Here you can read a guide on making a complaint about data protection from GOV.UK.
- The latest data security trends are available from the ICO.
Thank you for reading this guide on claiming for a recruitment agency data breach. If the team can help in any other way, please get in touch.