This guide will explore the steps you could take if your data has been breached by work. Firstly, we look at the eligibility criteria set out to make a personal data breach claim. We also highlight how long you have to seek compensation as well as the evidence you can provide to support your case.
My Data Has Been Breached By My Work, Can I Claim Compensation?
Additionally, we will look at the ways in which a data breach could occur, such as accidental workplace data breaches, and the impact a data breach at work could have on you both financially and psychologically.
Furthermore, we will provide examples of data breach payouts and how these are calculated depending on the unique circumstances of your claim.
Finally, to end our guide, we introduce No Win No Fee agreements and look at the benefits of working with a solicitor who offers this type of contract.
You can read on to learn more. Alternatively, you can speak with an advisor directly to ask any questions you have relating to your specific claim. To reach them, you can:
- Telephone on 0161 696 9685
- Use our online claim form to contact us
- Use our live window feature which enables you to chat with a member of our team.
Select A Section
- When Can I Claim If My Data Has Been Breached By Work?
- What Data Could Be Impacted By A Data Breach At Work?
- Proving Your Employer Breached Your Data Privacy
- Examples Of Workplace Data Breach Claim Payouts
- Could I Claim With A No Win No Fee Solicitor If My Data Has Been Breached By My Work?
- Talk To Our Team About Data Breach Claims
When Can I Claim If My Data Has Been Breached By Work?
To make a claim for a personal data breach, the following requirements must be met:
- A data controller or processor failed to adhere to data protection laws,
- Due to their wrongful conduct, a breach occurred that affected your personal data,
- You experienced damage to your finances or mental suffering as a result.
First of all, a personal data breach is defined by the Information Commissioner’s Office (ICO) as a security incident in which the availability, confidentiality and integrity of your personal data is affected.
The ICO is the UK’s independent body for upholding rights in relation to data protection. They can take enforcement action if a data controller or processor breaches data protection laws.
A data controller is in charge of setting the purpose for processing your personal data. A data processor acts on behalf of the controller’s instruction. The UK General Data Protection Regulation and the Data Protection Act 2018 outline the responsibilities they have when handling your personal information.
If your personal data has been breached by work, call an advisor today to find out whether you could be eligible to seek data breach compensation.
Limitation Periods
You will generally have six years to start your claim following a personal data breach. This reduces to one year if you are making your claim against a public body.
For more guidance on time limitations, please speak with our team.
What Data Could Be Impacted By A Data Breach At Work?
Personal data is information that can be used to identify you either by itself or in conjunction with other information. It can consist of your name, postal address, date of birth, mobile phone number, credit card and debit card details, and email address.
Another kind of personal data is known as special category data which requires more secure handling due to the sensitive nature of the information involved. This can include personal data that reveals your racial or ethnic origin, political opinions, beliefs of a religious or philosophical nature or data that concerns a person’s health or sexual orientation.
As a data controller, your employer has a responsibility to adhere to data protection laws to ensure that your personal data is protected. A failure to do so could mean your personal data is breached at work either via human error or due to a cyber security incident. For example, an employer may have information about a health condition you have on file which is left in an unlocked filing cabinet. As a result, your file may be accessed without authorisation resulting in other members of staff learning of your health condition.
This may lead to you experiencing stress and anxiety which results in you taking time off work. In turn, you are financially impacted as you have lost income due to being unable to work.
To find out whether you could seek compensation for the way in which an employer data breach has affected you, please get in touch using the number above.
Proving Your Employer Breached Your Data Privacy
If you plan to report a data protection breach, you can do this by notifying the company responsible. Making a complaint directly can give you an opportunity to ask how the breach happened and what information was involved. The correspondence you have with them, such as emails or letters, can be used as evidence to support your potential claim.
If you find the response they provide inadequate, you can report the breach to the ICO. You can ask them to investigate the incident. If they do, their findings may act as evidence for your claim. However, it’s important to note that the ICO are not able to award compensation.
For more information on the steps you can take after your data has been breached by work, get in touch on the number above.
Examples Of Workplace Data Breach Claim Payouts
There are two forms of damage you could experience as a result of your workplace breaching your personal data. Firstly, non-material damage refers to the emotional harm you may experience if your data has been breached by work. For example, the personal data breach may have caused you stress, anxiety, or post-traumatic stress disorder, in more severe cases.
The Judicial College Guidelines can help solicitors calculate the compensation for non-material damage that you are owed. The document contains guideline compensation brackets which correlate to different types of psychological harm. We have included these in the table below.
However, the figures are not a definitive representation of the payout you will receive, as the calculation of compensation is usually dependent on the specific case.
Compensation Guidelines
| Harm | Severity | Details | Compensation Guidelines |
|---|---|---|---|
| Psychiatric Damage | Severe (a) | A very poor prognosis and issues coping with relationships, work and other aspects of life. | £54,830 to £115,730 |
| Moderately Severe (b) | Significant problems coping with similar areas of life mentioned in the bracket above but the prognosis is more optimistic. | £19,070 to £54,830 | |
| Moderate (c) | There is notable improvement by trial despite problems with several aspects of life. The prognosis is good. | £5,860 to £19,070 | |
| Less Severe (d) | The duration of the disability and the impact on daily life will be reflected on. | £1,540 to £5,860 | |
| Post-Traumatic Stress Disorder | Severe (a) | Returning to the same level as before the trauma is prevented and all areas of the person's life will be badly affected. | £59,860 to £100,670 |
| Moderately Severe (b) | Seeking professional help can help with recovery and lead to a better prognosis. There will still be some significant disability in the future though. | £23,150 to £59,860 | |
| Moderate (c) | Effects that persist do not have a majorly disabling impact and a recovery has partially occurred. | £8,180 to £23,150 | |
| Less Severe (d) | Within one to two years a full recovery has practically been made. | £3,950 to £8,180 |
Further Payouts You May Be Eligible To Claim
Secondly, you could receive compensation for the financial losses suffered due to a personal data breach. This is referred to as material damage.
For example, your employer is likely to have information concerning your bank data in order to pay your wages into the correct account. If your employer fails to adhere to data protection laws and these details are shared unlawfully, it could lead to you suffering financial damage.
As a result of the breach, an unauthorised person may access your bank information and make fraudulent purchases, damaging your finances and your credit score.
Documents illustrating this, such as credit reports or bank statements, can be useful to have as evidence when claiming back any monetary loss.
For more information on the compensation payout you could be awarded following a successful data breach claim, get in touch using the number above.
Could I Claim With A No Win No Fee Solicitor If My Data Has Been Breached By My Work?
If your data has been breached by work, you may want to use the services of a solicitor from our panel. They may work on a No Win No Fee basis, offering you a Conditional Fee Agreement.
This usually means that if your claim is unsuccessful, you will generally not pay for their services. Alternatively, with a successful claim, your solicitor can deduct a fee. This is known as a success fee which is a percentage of your award. The Conditional Fee Agreements Order 2013 does place restrictions on the amount they can legally take.
Contact Us
If your data has been breached by work and you would like to know more about whether you can claim compensation, please contact us. Our team can provide you with advice and further guidance on your eligibility to make a claim.
To get in touch, you can:
- Telephone us on 0161 696 9685
- Make an online enquiry to speak with a member of our expert team
- Chat live with an advisor
Talk To Our Team About Data Breach Claims
More of our guides:
- When Could You Claim For A Data Breach Of Disciplinary Information?
- Examples of Accidental Workplace Data Breaches
- Can My Employer Share My Personal Information With Other Employees In The UK?
Further information from external resources:
- Your Right To Be Informed If Your Personal Data Is Being Used – ICO
- What We Do – National Cyber Security Centre
- Find Out What Data An Organisation Has About You – GOV
If you have any other questions about whether you could be eligible to seek compensation after your data has been breached by work, get in touch using the number above.
Written by EM
Edited by MMI