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Last updated 1st September 2025. A data breach at work occurs when the personal data of an employee is not handled according to the law. The data may be altered, lost, destroyed, or disclosed without authorisation. Data breaches can be accidental, such as an email being sent to the wrong email address.
You may be wondering what the definition of a personal data breach is. We will discuss this, along with what personal data is.
We also discuss how the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) work together to protect the personal data of UK residents. The Information Commissioner’s Office (ICO) enforces this legislation and has the ability to fine organisations that do not comply.
Finally, we go on to discuss how to start a personal data breach claim with a No Win No Fee solicitor from our panel. Our team of advisors can offer a free consultation, in which they will evaluate your claim, provide free legal advice, and may be able to connect you with a solicitor from our panel.
Select A Section
- What Are Accidental Workplace Data Breaches?
- What Data Do Employers Have Access To?
- How Often Is Workplace Data Breached?
- Examples Of How Data Breaches Could Happen In A Workplace
- What Could You Claim For Accidental Workplace Data Breaches?
- Can You Claim For Accidental Workplace Data Breaches With A No Win No Fee Solicitor?
What Are Accidental Workplace Data Breaches?
According to the ICO, a personal data breach occurs when a security incident compromises your personal data’s confidentiality, integrity, or availability. This can happen deliberately, for example, through a cyberattack or accidentally. However, in order to claim for a personal data breach, your case must comply with the criteria set out by UK GDPR:
- The breach must happen due to the organisation’s failings
- You must suffer harm as a result
- The breach must include your personal data
Personal data is an umbrella term for information that can identify you. For example, this can range from your full name to your postcode. Special category data is a type of personal data that needs extra protection under data protection law. Your employer may have access to both personal data and special category data and, as such, must ensure that they comply with data protection law.
A personal data breach can leave you vulnerable to fraud or identity theft if your financial information has been compromised. You could also suffer psychological injuries such as emotional distress as a result of a data breach.
To learn more about making a claim for accident workplace data breaches, contact our advisors.
What Data Do Employers Have Access To?
Although you may want to keep your personal information private, times may arise when you must share your data, as it is in your best interests to do so. For example, employers may require your access to your data for several reasons, such as for payroll and pension schemes and to ensure you meet the company’s working eligibility criteria.
Some examples of the personal information your employer may request from you include the following:
- Name
- Address and postcode
- National insurance number
- Tax code
- E-mail address
Your employer may also request access to special category data, such as:
- Sexuality
- Racial or ethnic origin
- Trade union membership
- Political beliefs
Although you put trust in your employer to keep your data safe, accidental workplace data breaches do happen despite your employer’s legal obligations to keep your data safe.
If you have suffered from an accidental data breach at work, you may be eligible to claim compensation for any suffering this caused. Get in touch with our friendly advisors to learn more about claiming for a personal data breach or to start your claim today.
How Often Is Workplace Data Breached?
The ICO collects and publishes data security incident trends for each quarter of the financial year. According to these statistics, 2,172 incidents were reported across all sectors and industries in Q4 of the 2021/22 financial year.
Of this number, 1,697 incidents were non-cyber in nature, and 476 related to cyber incidents. In this same quarter, across all sectors, personal data being emailed to the incorrect recipient was the most common cause of reported data security incidents.
Our advisors can provide free legal advice and can tell you if you could be eligible to claim. Get in touch today to learn more through the information at the top of the screen.
Examples Of How Data Breaches Could Happen In A Workplace
Data breaches can happen in a variety of ways. However, to make a claim for accidental workplace data breaches, the breach must occur as a result of the organisation’s failings. For example:
- Misdelivery: For example, your employer may send an email that contains personal data such as your disciplinary information to the wrong email address. This allows unauthorised parties access to your personal data. This is an example of human error in data breach claims.
- Failure to use BCC: The blind carbon-copy feature allows batch emails to be sent while anonymising the email addresses of the recipients. Your employer may send a batch email out to staff who have been struggling with their mental health, advertising a new wellness workshop. If your employer fails to use the BCC feature, this may result in the email addresses of fellow employees being exposed.
- Verbal disclosure: One example of verbal disclosure could be if a human resources employee reads a diversity form that states your sexuality and then verbally discloses this to an unauthorised third party, such as a colleague.
Contact our advisors today to learn more about how a personal data breach can occur in the workplace.
Accidental Data Breach At Work – How Long Do I Have To Claim?
If you have valid grounds to claim for an accidental data breach at work, you need to ensure that you start your case in time. There is usually a time limit applied to starting a data breach claim.
How much time there is to start your case can depend on, for example, the type of organisation you intend to claim against. You’ll usually need to start your claim within one year if it’s against a public body. Alternatively, you will have six years to start legal proceedings.
You can get in touch with our advisors online or on the phone today if you need more advice on making a data breach claim.
What Could You Claim For Accidental Workplace Data Breaches?
To compensate for the financial losses that you might have suffered due to a data breach, you may receive material damage. For instance, if your bank details are leaked, this could lead to illegal charges on your credit card or damage to your credit score.
Non-material damage provides compensation for psychological injuries or illnesses. For example, you may experience stress, depression, anxiety, or post-traumatic stress disorder (PTSD) following a personal data breach.
The mental health compensation calculator table below uses figures provided by the Judicial College Guidelines (JCG) to provide example compensation amounts for non-material damage. The JCG is a list of injuries and illnesses, both psychological and physical, with corresponding guideline compensation amounts. These help legal professionals calculate settlement amounts in personal data breach and personal injury claims.
We have included some of these figures in the table below, aside from the first entry.
| Mental Health Injuries | Compensation Brackets | Description |
|---|---|---|
| Multiple Psychological Injuries and Financial Losses | Up to £250,000 or more | Significant psychological injuries and large financial losses. |
| Mental Harm: Severe | £66,920 to £141,240 | Permanent, significant effects on the ability to cope with daily life. |
| Mental Harm: Moderately Severe | £23,270 to £66,920 | Similar issues to the above, though the prognosis is better. |
| Mental Harm: Moderate | £7,150 to £23,270 | A good prognosis reflects the improvement of symptoms. |
| Mental Harm: Less Severe | £1,880 to £7,150 | Recovery has been made, with minor effects remaining. |
| Post-Traumatic Stress Disorder: Severe | £73,050 to £122,850 | Severe issues in coping and no remaining function at the pre-trauma level. |
| Post-Traumatic Stress Disorder: Moderately Severe | £28,250 to £73,050 | Some recovery is possible through professional treatment, prompting a slightly better prognosis than above. |
| Post-Traumatic Stress Disorder: Moderate | £9,980 to £28,250 | A large recovery is made, with any continuing symptoms being non-disabling. |
| Post-Traumatic Stress Disorder: Less Severe | £4,820 to £9,980 | Full recovery within 1-2 years, with only minor symptoms that remain. |
These amounts are guidelines only. For a free consultation and evaluation of your accidental workplace data breaches claim, contact our team today.
Can You Claim For Accidental Workplace Data Breaches With A No Win No Fee Solicitor?
Our panel of solicitors work on a No Win No Fee basis through specific contracts referred to as Conditional Fee Agreements (CFA). Typically, there are no upfront costs or ongoing fees to pay to your solicitor with a CFA. You only pay a success fee, which is taken as a percentage of your compensation, if you succeed. If your claim is not settled in your favour, then you do not pay this fee.
Contact us today for more information on how you can make a claim for accidental workplace data breaches. Our advisors can estimate the value of your claim, and if they find it to be viable, they can connect you with a solicitor from our panel.
To learn more, get in touch:
- Use the live chat feature
- Call us on 0333 000 0729
- Contact us online
Related Data Breach Articles
For more helpful data breach articles:
- Breaches of medical data claims
- Claims for data protection breaches in schools
- To get advice on claiming compensation for a data breach if your employer lost your documents, we also have a separate guide about this.
Or, for further resources:
Contact our team of advisors today for more information on accidental workplace data breaches.
