This guide will explain what to do if you experience a dismissal information data breach.
Going through a dismissal can be a highly stressful experience. If a dismissal data breach at work exposes your personal data, you may have experienced emotional distress or even developed a mental health injury. Moreover, if your data falls into the wrong hands, you may have been the victim of identity theft or fraud.
You may be wondering if you can claim compensation after a data breach. We will explain who can claim, alongside the criteria that your claim must meet.
To see if you meet the criteria to claim, get in touch with our team today for your free consultation. If they find your claim to be valid, they can appoint a data protection solicitor from our panel to work on your claim.
To get in touch:
Select A Section
- What Is A Dismissal Information Data Breach By An Employer?
- How Could A Dismissal Information Data Breach Occur?
- Employees’ Right To Data Protection At Work
- Could I Claim For A Dismissal Information Data Breach?
- How Much Dismissal Information Data Breach Compensation Can You Claim?
- How To Contact Us
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) work together to inform organisations about how they must handle the personal data of residents of the UK. Personal data is information that can identify you, which can include your full name, phone number, or postal address.
As a potential data controller and data processor, employers must comply with the above legislation. Data controllers decide how and why they use your personal data, whereas a data processor processes this data on the controller’s behalf.
When the integrity, availability, or confidentiality of your personal data is compromised by a security incident, this is a personal data breach. However, not all breaches of your dismissal information can form a claim. Read on to learn more about the criteria laid out by the UK GDPR, or contact our advisors to start your claim.
A dismissal information data breach can happen through a variety of means. For example, one common cause of personal data breaches is human error. However, in order to claim for a personal data breach, it must occur due to wrongful conduct on the part of the data processor or data controller.
Below are some examples of how wrongful conduct could contribute to a breach of your dismissal information:
- Your HR department may send dismissal information to the wrong email address. This allows an unauthorised person to access your data.
- Sending documents that contain personal information to the wrong postal address or through a misdirected fax can also cause a data breach at work.
- A colleague may verbally disclose personal data from your HR disciplinary information records to unauthorised parties.
- Your employer may fail to apply adequate cybersecurity systems to the workplace. This allows cybercriminals to gain illegal access to your files.
Our team are available to help you determine if your claim is valid. Get in touch today to learn more, or read on to find out who is eligible to claim for personal data breach compensation.
Employers are data controllers and often function as data processors. Because of this, they are bound by the UK GDPR and DPA to protect the personal data of their employees and handle it in line with legislation.
This can include taking steps such as:
- Ensuring appropriate physical and cyber security systems and policies are in place to protect areas and devices that store personal data. For example, lockable filing cabinets and adequate firewall systems.
- Providing employees that handle personal data with data protection training to help reduce the risk of human error data breaches.
- Ensuring that records of names, addresses, and phone numbers are kept up to date to ensure that personal data is not sent to the wrong address.
If an employer fails to carry out these precautions, this may result in a breach of the UK GDPR. To learn more about your rights as a data subject, contact our team of advisors today.
As we have previously mentioned, you will not be able to claim for every instance of a dismissal information data breach. This is because the UK GDPR sets out specific criteria that your claim must meet in order to be considered.
These specifications include being able to prove that:
- The breach affects your personal data
- The data controller or processor’s wrongful conduct lead to the breach
- You experienced harm as a result of the breach
If all of the above apply to your claim, you may be eligible for compensation. However, you must also be aware of the time limits in place for personal data breach claims. Generally, you will have six years to start your claim. But, if you are making a claim against a public body, then this will fall to one year to start your claim.
For more information on time limits or to find out if you could make a personal data breach claim, contact our advisors today.
You may be wondering how much compensation you could receive if you make a successful personal data breach claim. There are two heads of compensation that you could potentially receive should you make a successful claim: material damage and non-material damage.
Material damage awards compensation for the financial impacts you endure due to the breach. For example, a breach of your credit card details may lead to cybercriminals stealing money from your bank account.
Non-material damage provides compensation for the impact the breach has on your mental health. For example, you might suffer depression, anxiety, or distress following a data breach. Below, you can find a table showcasing guideline non-material damage amounts. These amounts are taken from the Judicial College Guidelines (JCG), which is a document that helps solicitors value claims.
|Type Of Injury
|£54,830 to £115,730
|The person will face permanent and significant issues in coping with all areas of daily life.
|£19,070 to £54,830
|There is a better prognosis, but the symptoms are similar to the case above.
|£5,860 to £19,070
|The symptoms show improvement by the time that trial may occur.
|£1,540 to £5,860
|The award depends on the length of time affected by symptoms, and the effect symptoms have on daily activities.
|£59,860 to £100,670
|Permanent injuries which affect all parts of people’s lives and remove the ability to work or function as they would have pre-trauma.
|£23,150 to £59,860
|There is some chance of recovery through professional help.
|£8,180 to £23,150
|Symptoms suffered are not grossly disabling though they could persist despite a large recovery.
|£3,950 to £8,180
|A mostly full recovery is made in a 12 – 24 month period. Only minor symptoms persist after this time.
These amounts are guidelines only. For a free estimation of what your dismissal information data breach claim could be worth, get in touch today.
Our panel of No Win No Fee solicitors offer legal representation through a Conditional Fee Agreement (CFA). Under a CFA, you generally will not pay your solicitor any upfront fees or any fees as the claim is ongoing. The only fee your solicitor takes under a CFA is a success fee, which is a percentage of your final award with a legal cap. But, you are only required to pay this fee if your claim is a success. If it fails, you do not pay it.
Our advisors can tell you if your claim is valid, and if a solicitor from our panel could help you. Get in touch to learn more:
For more helpful articles:
- How To Claim For A Data Breach By A Pharmacy
- My Data Has Been Breached – What Can I Do?
- How To Claim For A CCTV Data Breach
Or, for further resources:
For more information on making a claim for a dismissal information data breach, contact our team today.
Article by AH