Employment Agency Data Breach – Could You Claim Compensation?

If you’ve suffered from an employment agency data breach, you may have grounds to make a claim. This guide will explain how personal data breaches occur and what steps you can take to seek compensation after suffering damage.

Employment agency data breach

Employment agency data breach claims guide

Data breaches within an employment or recruitment agency can cause significant harm. If you can prove that wrongful conduct led to a personal data breach that caused you harm, you may be eligible for compensation. We will discuss how much you could potentially claim and how working with a No Win No Fee solicitor could support your case.

Our team is made up of legal professionals that can support you with your employment agency data breach claim. Our advisors are available 24 hours a day, 7 days a week, to respond to your queries. You can reach us using the following contact details:

Select A Section

  1. What Is An Employment Agency Data Breach?
  2. Types Of Employment Agency Data
  3. Employment Agency Data Breach Case Study
  4. Your Right To Claim For A Data Breach
  5. What Could You Claim For A Employment Agency Data Breach?
  6. How Our Team Could Help You

What Is An Employment Agency Data Breach?

The Information Commissioner’s Office (ICO) is an independent UK body that oversees data protection rights for UK residents. They describe a personal data breach as a security incident that compromises the integrity, availability or confidentiality of your personal data. 

Legislation is in place through the UK General Data Protection Act (UK GDPR) and the Data Protection Act 2018 (DPA) to keep your personal data safe. This ensures that the data controller and data processor are held accountable for how they use and process personal data. However, you must suffer material or non-material damage in order to claim, and the breach must be a result of the organisation’s wrongful conduct. These criteria are set out in the above legislation.

Data controllers decide how and why they use your personal data. The data processor processes this data on the data controller’s behalf. If you can prove wrongful conduct took place that led to an employment agency data breach, you may be able to make a compensation claim.

Types Of Employment Agency Data

There are many different types of personal data that an employment agency could collect. Some examples can include:

Employment agencies may also collect special category data. This is a type of personal data that requires extra protection due to its sensitive nature. This can include:

  • Health data
  • Biometric data
  • Data regarding your sexuality

Examples of data protection breaches can range from human error to cyber crime. Suffering from either of these circumstances can leave you eligible to make a claim. For instance, if an employee at a recruitment agency disposes of documents that contain your personal data incorrectly, this could result in theft.

Our advisors are available to offer you support following an employment agency data breach. To learn more, get in touch today.

Employment Agency Data Breach Case Study

One example of a data breach occurred in 2014. The Parliamentary and Health Service Ombudsman investigated a data breach involving a Jobcentre Plus when an employee shared a claimants personal data with their former abuser. This allowed the abuser to approach them, which resulted in the claimant moving across the country to avoid them.

The Jobcentre Plus accepted responsibility for this breach after an investigation and made a payment to the claimant for the harm he had suffered. However, the Parliamentary and Health Ombudsman then ordered an additional payment of £2,000 to accommodate for the affect on the claimant’s wellbeing.

( Source: https://www.ombudsman.org.uk/about-us/our-casework/how-our-casework-makes-difference/case-summaries/98 )

Statistics On Related Data Breaches

The ICO reports on data security incident trends within different sectors through each financial quarter. According to these statistics, there were 2,172 data security incidents reported in Q4 of the 2021/22 financial year. Of this number, 1,696 were non-cyber related incidents, as opposed to 476 cyber-related incidents.

To learn more about making a claim following an employment agency data breach, contact our team today.

Your Right To Claim For A Data Breach

Data protection legislation gives data subjects the right to claim compensation following a personal data breach. However, your claim must meet certain criteria. For example, the breach must be a result of the organisation’s wrongful conduct. Similarly, the breach must include your personal data, and you must suffer harm.

If a breach occurs that could affect your rights or freedoms, the organisation responsible must inform you of this breach as soon as possible. Likewise, they must inform the ICO within 72 hours. However, if you do not receive notification of a personal data breach, but suspect a breach has occurred, you can contact the organisation yourself.

To learn more about whether or not you could claim for a personal data breach, get in touch. Our advisors can provide free legal advice and more help surrounding your claim.

What Could You Claim For A Employment Agency Data Breach? 

You can receive compensation for financial losses by claiming material damage. For example, if money is stolen from your bank account, you may be able to claim this back under material damage. 

Non-material damage relates to the psychological injuries you sustain due to the data breach. For example, you could make a claim if you are involved in a personal data breach and subsequently experience:

If you’ve suffered damage and can provide evidence to prove wrongful conduct occurred, you may be able to make an employment agency data breach claim.

We’ve included a table below that displays compensation brackets for non-material damage from the Judicial College Guidelines (JCG). Legal professionals use the JCG as a guideline to help value data breach claims. 

Injury Compensation Notes
Severe Psychiatric Damage (a) £54,830 – £115,730 The prognosis is extremely poor, with injuries affecting the injured person’s ability to manage daily life and relationships.
Moderately Severe Psychiatric Damage (b) £19,070 – £54,830 Significant problems persist with relationships and education. These cases may also prevent the injured person from returning to work.
Moderate Psychiatric Damage (c) £5,860 – £19,070 There is a marked improvement by the time of trial, though problems persist with the ability to cope with work, education and life.
Less Severe Psychiatric Damage (d) £1,540 – £5,860 Daily activities and sleep are still affected alongside other minor symptoms with the length of disability considered in the award.
Severe PTSD (a) £59,860 – £100,670 These cases include permanent effects on all aspects of life with no function at the level of pre-trauma.
Moderately Severe PTSD (b) £23,150 – £59,860 Symptoms can improve with professional help, though significant disability remains.
Moderate PTSD (c) £8,180 – £23,150 Effects may continue after recovery, but they are not highly disabling.
Less Severe PTSD (d) £3,950 – £8,180 The injured person will make a recovery within a year or two with some minor symptoms persisting.

It used to be required that you suffer both material and non-material damages in order to make a claim for a personal data breach. However, following the Vidal-Hall and Others v Google Inc [2015] case, you can now claim non-material damage without claiming under material damage.

You can contact our advisors today for a free potential compensation estimate for your employment agency data breach claim. 

How Our Team Could Help You

Our data protection solicitors could help you with your claim on a No Win No Fee basis. Conditional Fee Agreements (CFA) contain no hidden fees or costs. A success fee is paid when a claim succeeds, though this is taken as a legally-capped percentage of your final award. However, if your claim does not succeed, you do not pay this fee.

Our advisors can help you contact a No Win No Fee solicitor if you’re interested in legal representation. You can contact us at any time that suits you using the following details:

Employment And Work-Related Data Breaches

We’ve included some sources that may be of use to you:

To see more of our guides, see the links below:

Thank you for reading our employment agency data breach guide. 

Article by EL

Publisher AA