This guide will look into the steps you can take following a sickness at work data breach. Not all cases of a personal data breach will result in a valid claim. In this article, we will discuss what makes your claim eligible, what personal data is, and how a data breach could potentially affect you.
Several pieces of legislation are in place to ensure personal data is protected for UK residents. These will be discussed further in this guide. We will also discuss how compensation is calculated and provide examples of guideline compensation brackets.
Finally, we’ll examine how a No Win No Fee agreement could help fund legal representation for your claim.
To speak to our panel of personal injury solicitors, use the contact details below:
Or, to learn more about making a sickness at work data breach claim, read on.
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- What Is A Sickness At Work Data Breach?
- What Could Happen If Your Personal Data Is Breached?
- Are You Entitled To Claim For A Sickness At Work Data Breach?
- What Information Could Be Disclosed?
- Sickness At Work Data Breach Compensation Calculator
- Start A No Win No Fee Claim
Sickness at work data breach occurs when the integrity, availability, or confidentiality of personal data relating to your illnesses or absences from work is compromised. Personal data is any information that could identify you, for example, your name or home address.
However, any information relating to your health falls under a type of personal data called special category data. This requires extra protection in accordance with data protection law.
The UK General Data Protection Regulation (UK GDPR) runs beside the Data Protection Act 2018 (DPA) and governs data protection for UK residents by setting out the procedures data controllers and processors must follow, as well as setting out eligibility criteria.
A data controller decides how and why they use your personal data, while a data processor handles the data on the controller’s behalf. In most cases, your employer is a data controller, though they may, in some cases, play both roles. As such, your employer must comply with data protection legislation.
Following a personal data breach, you may be eligible to claim compensation. To learn more, get in touch with our advisors today.
You can suffer psychological harm as a result of a personal data breach. For instance, you could suffer from Post-Traumatic Stress Disorder (PTSD), anxiety or depression due to a personal data breach.
You could also suffer financial harm. For example, if your banking details are compromised, this could result in money being stolen from your bank account, fraudulent charges to your credit card, or even identity theft.
If you suffer harm as a result of a sickness at work data breach, get in touch with our advisors. They can provide free legal advice and more guidance surrounding making a personal data breach claim.
As we mentioned earlier, there are some criteria that your claim must meet in order to be valid. This includes:
- The breach must be a result of the data controller or processor’s failings
- You must suffer harm due to the breach
- The breach must involve your personal data
Following a breach that could affect your rights or freedoms, your employer must inform the ICO within 72 hours. They also must inform you of the breach without undue delay.
When starting a personal data breach claim, you may begin to collect evidence to help strengthen your claim. This evidence may include:
- Bank statements to prove money has been stolen from your account
- CCTV footage that shows devices or documents being stolen that contain personal data
- Medical reports and doctors notes to show the lasting psychological effects the personal data breach has caused to you
If your sickness at work data breach claim meets the criteria, you may be eligible for compensation. Contact our advisors for more information.
A data protection breach can occur in a variety of ways, putting your personal and special category data at risk. Some examples of how your personal information could be compromised in a sickness at work data breach include:
- Lost or stolen devices: Devices that contain your personal data, such as records of your absences, notes from your GP or other employee information, should be password protected. If these devices are lost or stolen, this could give unauthorised parties access to your personal data.
- Misdelivery of personal data: One way that human error could contribute to a breach is by sending a letter to the incorrect address. For example, your employer may intend to send you a letter confirming a leave of absence due to a health condition but may send this to the wrong address by mistake.
- Unsecured files: For example, a report containing information about your health conditions could be left open on a desk in the workplace. This would allow unauthorised people access to your personal and special category data.
To learn more about how your personal data could be compromised in a personal data breach, contact our team of advisors.
You can pursue two types of damage for a personal data breach. Material damage reimburses you for any financial losses sustained. This can include an effect on your credit score, loss of money from your bank account and any future financial impact.
Non-material damage relates to any psychological issues you suffer due to the breach of personal data. Please note, that you do not need to claim for material damage in order to claim for non-material damage. The Court of Appeal case of Vidal-Hall and others v Google Inc.  ruled that non-material damage claims were valid both alone and in conjunction with material damage.
Below we have included some examples of compensation brackets for injuries that may relate to your claim. These are listed in the Judicial College Guidelines (JCG), which is a document legal professionals use to help value potential claims. The figures below represent guideline figures for non-material damage claims.
|Type of Injury
|Severe Psychiatric Damage
|£54,830 – £115,730
|Prognosis is poor with struggle to cope with life, education and work.
|Moderately Severe Psychiatric Damage
|£19,070 – £54,830
|Cases include future vulnerability and significant effect on life moving forward.
|Moderate Psychiatric Damage
|£5,860 – £19,070
|Good prognosis with marked improvement by the time of trial.
|Less Severe Psychiatric Damage
|£1,540 – £5,860
|This bracket considers the length of the disability period and the extent of affected sleep and daily activities.
|£59,860 – £100,670
|Permanent effects which prevent the injured person from working or functioning at a pre-trauma level.
|Moderately Severe PTSD
|£23,150 – £59,860
|Effects can cause significant disability with some recovery through professional help.
|£8,180 – £23,150
|Continuing effects are not grossly disabling and injured person will mostly recover.
|Less Severe PTSD
|£3,950 – £8,180
|Injured person will make a mostly full recovery within one or two years with some minor persisting symptoms.
The figures above are guidelines only. For a free estimate of what you could receive, contact our advisors.
No Win No Fee agreements allow you the benefits of legal representation without any upfront or ongoing fees. Our panel of solicitors offer legal representation under a form of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA). Under a CFA, should your claim succeed, you will pay a success fee to your solicitor. This is taken as a pre-agreed percentage with a legal cap. However, if your claim does not succeed, you will not pay this fee.
For further information regarding No Win No Fee agreements and to speak to a data breach solicitor from our panel, contact our advisors.
You can get in touch with our advisors by:
Guides Related To Sickness At Work Data Breach Claims
We’ve attached some external links we hope will be of use to you:
- The ICO has information to help you take your case to court
- The UK government website lists statistics of Cyber Security Breaches in the UK during 2021.
- For information regarding Statutory Sick Pay (SSP) see the government website.
Or for more helpful guides:
- How To Claim Breach Of Data Compensation Under UK GDPR
- How To Deal With A Data Breach
- Can You Claim Compensation For An Email Data Breach?
Thank you for reading this guide on making a sickness at work data breach claim. We hope it has been helpful in approaching your claim.
Written by SE