If disciplinary information is sent to the wrong address and causes me harm, am I eligible to claim compensation? Certain types of data are protected by data-protection laws in this country. In this guide, we examine when a data breach claim is possible.
We look at examples of personal data and examples of special category data that disciplinary records could contain. We also explore how a disciplinary information data breach could occur and who could be eligible to make a data breach compensation claim.
Later on in this guide, we will discuss compensation and how legal professionals may value your claim. Alongside this, we provide some guideline compensation figures to help give you an idea of what you could receive should your claim be successful.
Finally, we will discuss how a No Win No Fee solicitor from our panel could be beneficial to your claim. Our advisors are available 24/7 to answer any questions you may have and can provide free legal advice surrounding your claim.
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- Is Sending A Letter To The Wrong Address A UK GDPR Breach?
- What Is Disciplinary Information?
- How Could Disciplinary Information Be Sent To The Wrong Address?
- What Could I Do If My Disciplinary Information Was Sent To The Wrong Address?
- My Disciplinary Information Was Sent To The Wrong Address; How Much Could I Claim?
- Contact Us
A personal data breach is a security incident. It occurs when your personal data is accessed without authorisation, destroyed, lost, altered or disclosed unlawfully or accidentally. Two main pieces of legislation help maintain data security for residents of the UK. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
This legislation protects some of the information that may be contained in your disciplinary records. Therefore, a letter containing your disciplinary information sent to the wrong postal address could be a personal data breach.
However, in order to make a claim for compensation, your case must meet certain criteria. This includes:
- The breach must occur as a result of the data controller or data processor’s failings. A data controller controls the use of your data, and a data processor often acts on the data controller’s behalf.
- The breach must include your personal data.
- You must suffer financial or emotional harm, such as anxiety due to a data breach.
Our advisors can give free legal advice and further guidance if your disciplinary information is sent to the wrong address.
You may wonder what personal data a disciplinary letter could include. Disciplinary letters could contain both personal data and a type of personal data called special category data. Special category data requires extra protection according to data protection law.
Personal data is information that could identify you. It includes:
- Email address
- National insurance number
- Phone number
- Date of birth
- Debit and credit card information
Special category data includes data that refers to your:
- Trade union membership
- Medical information
- Race or ethnicity
Contact our team of advisors to find out if you could be eligible to make a personal data breach claim. If your claim is valid, they may be able to put you in contact with a solicitor from our panel.
Human error is one way that disciplinary information could be sent to the wrong address.
To help prevent this, staff should receive training on data protection compliance. For example, they could check that the address on file is correct. Organisations must ensure their records are up to date. For example, if you inform your employer of a change in address, they must update their records. If they fail to do this, it could result in a disciplinary letter being sent to the wrong address.
However, a letter may still go to the wrong address even if the organisation’s records are up to date. For example, an employee may fail to check the address on file or could mistakenly address the letter to the wrong person.
If an organisation mishandles your personal data, you might be able to claim compensation. Contact our advisors to learn more.
Following your disciplinary information being sent to the wrong address, you might want to know how to deal with a data protection breach. If a breach could infringe on your rights, the organisation should alert you as soon as possible.
If they do not alert you, but you suspect there has been a breach, you can contact the organisation directly. Then, if the organisation fails to respond or if its response is not satisfactory, you can make a complaint to the Information Commissioner’s Office (ICO). The ICO is an independent body that is responsible for enforcing data protection laws.
To claim compensation for a personal data breach, you will require evidence. Communications about the data breach from either the organisation or the ICO can help support your claim.
Contact our advisors to learn about what steps you can take following a personal data breach. If your claim is valid, they could connect you with our panel of No Win No Fee data breach solicitors.
Two heads of compensation could make up your personal data breach claim. These include material damage to recover financial losses and non-material damage to compensate for the impact the breach has on your mental health.
You can claim emotional damage without also claiming a material loss. This is due to the Vidal-Hall and Others v. Google Inc. (2015) ruling. Prior to this ruling, you could only claim non-material damage if you also made a claim for material damage.
Legal professionals may use the Judicial College Guidelines (JCG) to help assign a value to your claim for non-material damage. It contains a list of injuries and illnesses, including psychological damage, alongside a set of compensation brackets. The table below includes examples of figures from the 16th edition, released in April 2022.
|Mental Health Condition||How Serious||Bracket Amounts||Description|
|Mental injury||Severe||£54,830 to £115,730||Claimants cannot cope with relationships and life. The symptoms are permanent.|
|Mental injury||Moderately severe||£19,070 to £54,830||Significant issues occur in relationships and areas of life. However some recovery is expected.|
|Mental injury||Moderate||£5,860 to £19,070||Issues similar to above may continue, but the symptoms show improvement by trial.|
|Mental injury||Less severe||£1,540 to £5,860||A mental injury that results in some disability, with consideration given to remaining symptoms and length of disability.|
|Participation-induced traumatic stress||Severe||£59,860 to £100,670||Symptoms impact all areas of a claimant's life badly and permanently. Functioning at the pre-trauma level is no longer an option.|
|Participation-induced traumatic stress||Moderately severe||£23,150 to £59,860||Some recovery, aided by a professional.|
|Participation-induced traumatic stress||Moderate||£8,180 to £23,150||A claimant will have made a good recovery overall.|
|Participation-induced traumatic stress||Less severe||£3,950 to £8,180||After a two year period only slight if any issues shall remain.|
Contact our team today for a free estimate of what your claim could be worth.
Following a personal data breach, you may wish to make a claim. A No Win No Fee solicitor from our expert panel could help you do this. Our panel of solicitors offer legal representation under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
You won’t pay an upfront solicitors fee under a CFA. Your solicitor will take a success fee from your award instead, should your claim prove successful. However, should your claim not succeed, you will not pay this fee.
Our team is available 24/7 for free legal advice. They can provide a free estimation of what your claim could be worth, and if your claim is valid, you may be put in touch with our panel of No Win No Fee solicitors.
To get in touch:
The following links could be helpful:
- Claiming Compensation Guide from the ICO
- NHS Stress Guide
- Make a Data Protection Complaint Guide from the Government
Additional personal data breach guides:
- Wrong Email Address Data Breach Claims
- My Personal Data Was Not Locked Away, Can I Claim?
- Can I Sue My Employer for Emotional Distress After a Data Breach?
Contact our team for more questions about what to do if your employer sent your disciplinary information to the wrong address.
Article by AR. Publisher AA.