In this guide, we explore the steps you can take in making HR disciplinary data breach claims. We examine data protection legislation, what rights it gives you as a data subject, and what kinds of personal data might be included in disciplinary records.
Specific criteria apply when claiming for a personal data breach. We examine what this is and what you can do to prove that a personal data breach occurred. Additionally, we explore how compensation is awarded in data breach claims and how a No Win No Fee solicitor from our panel could help you make your claim.
Our team of advisors can tell you if you have a valid claim when you get in touch today. Or, for more helpful information, read on.
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- What Are HR Disciplinary Data Breach Claims?
- Can I Make A HR Disciplinary Data Breach Claim?
- What Do I Need To Show Before Making A Claim?
- What Is The Time Limit To File My Claim?
- HR Disciplinary Data Breach Claims Compensation Calculator
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The two main pieces of legislation governing data security in the UK are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Under this legislation, data controllers and data processors must adhere to certain rules and regulations when collecting and processing your personal data. If they fail to do so, and you suffer harm as a result of a personal data breach, you could have grounds to make a claim.
A personal data breach is a security incident that affects the integrity, availability, or confidentiality of your personal data, which is any information that could be used to identify you. Your disciplinary record could contain personal data such as your name, phone number, email address, home address and national insurance number.
It may also contain a kind of personal data known as special category data, such as your trade union membership or religious information. Data protection legislation gives special category data additional protection due to its sensitive nature.
Contact our team of advisors today to learn more about HR disciplinary data breach claims.
While the effects of a personal data breach can be significant, not all instances of data breaches will result in a valid claim. This is because there are specific eligibility criteria that your case must meet before you can claim, in accordance with the UK GDPR.
You must be able to prove that:
- Your personal data was included in the breach
- The breach occurred as a result of failings on the part of the data controller or processor
- You experienced harm, such as financial loss or emotional distress.
Contact our advisors today to find out more about eligibility in HR disciplinary data breach claims.
When making HR disciplinary data breach claims, you must be able to prove that the breach was a result of wrongful conduct. This can happen in a number of ways– For example, staff with access to personal data should be trained in data protection to avoid human error data breaches.
Organisations could take steps to ensure paperwork is locked away, for example. A data breach could occur if someone with unauthorised access to disciplinary records were to view them because they were not secure. Staff could also be trained to check postal addresses before sending personal data through the post to avoid a wrong postal address data breach.
Additionally, staff could receive IT system training. If staff are trained to confirm email addresses before sending personal information, this could avoid a wrong email address data breach.
You may also need to show proof of the harm you suffered as a result of the breach. This could be in the form of medical records that show you have suffered stress, anxiety or PTSD. Or in the form of a bank statement or other financial records proving that you have suffered monetary or financial harm.
To learn more, contact our advisors today.
Time limits apply to HR disciplinary data breach claims. You must start your claim within six years if you wish to claim against a private company. However, this limit becomes one year if you wish to claim against a public body.
If a personal data breach threatens your rights or freedoms, it must be reported to the Information Commissioner’s Office (ICO) within 72 hours, and you must be informed without undue delay.
The ICO is an independent body set up to help protect your data security rights. As part of their role, they investigate personal data breaches and can impose fines on organisations that engage in wrongful conduct.
A personal data breach solicitor from our expert panel can start your data breach claim with our advisors today.
Two heads could make up your data breach claim. These are material damages and non-material damages.
- Material damages: These address the financial damages you may have suffered as a result of the breach. For example, you may have experienced fraudulent withdrawals from your bank account or damage to your credit score.
- Non-material damages: These address the psychological effects of the breach. For example, you may experience mental health injuries such as depression, stress, and anxiety.
Before we explore damages further, you might like to know about the Vidal-Hall and others v. Google Inc. (2015) Court of Appeal ruling. This ruling set a precedent in how personal data breach damages are awarded. Before the ruling, you could only claim non-material damages if you were claiming material damages. Now, however, you can claim for non-material damages alone.
When legal professionals assign value to personal injury claims, they often use a document titled the Judicial College Guidelines (JCG) to help. It contains a list of injuries, including psychological injuries such as post-traumatic stress disorder (PTSD), sitting alongside compensation brackets. The same document is used to help assign value to non-material damages in personal data breach claims.
The table below contains potential figures for mental illness compensation from the JCG 16th edition, published in April 2022.
|PTSD||Severe (a)||£59,860 - £100,670||The symptoms result in a permanent inability to function at the same level as before the trauma occurred. They have a negative impact on all areas of life.|
|PTSD||Moderately severe (b)||£23,150 - £59,860||Some recovery with the help of a professional is possible, however the symptoms result in a significant disability lasting into the foreseeable future.|
|PTSD||Moderate (c)||£8,180 - £23,150||Some symptoms that are not grossly disabling persist, but a recovery has largely taken place.|
|PTSD||Less severe (d)||£3,950 - £8,180||Minor symptoms may last beyond 1-2 years, but virtually a full recovery has occurred.|
|Psychiatric Harm||Severe (a)||£54,830 - £115,730||The severity of symptoms cause a negative impact on the ability to cope with life and relationships. This comes with a very poor prognosis.|
|Psychiatric Harm||Moderately severe (b)||£19,070 - £54,830||The symptoms cause significant problems coping with life and relationships. However the prognosis is more optimistic than seen in severe psychiatric damage.|
|Psychiatric Harm||Moderate (c)||£5,860 - £19,070||There are problems coping with life and relationships. Improvements in the claimant's mental state occur and the prognosis is good.|
|Psychiatric Harm||Less severe (d)||£1,540 - £5,860||A period of disability impacting day-to-day activities and sleep occurs.|
Contact our advisors to further discuss how damages are awarded in HR disciplinary data breach claims.
Our panel of expert personal data breach solicitors could guide you through the claims process under a No Win No Fee arrangement referred to as a Conditional Fee Agreement (CFA). Under a CFA, you can receive valuable legal representation with minimised financial risk.
This is because, under a CFA, you do not pay your solicitor any ongoing or upfront fees. If your claim is successful, your solicitor will take a success fee as their payment. This is a small, legally capped percentage of your compensation to cover their fees. However, you will not pay your solicitor’s fee if your claim fails.
Get in touch with our team of advisors today to find out how our panel of solicitors could help you with your HR disciplinary data breach claims.
To get in touch with a member of the team:
The following links might be helpful:
- Claiming Compensation Guide from the ICO
- Making a Data Protection Complaint Guide from the Government
- NHS Stress Guide
Additional personal data breach guides:
If you have any more questions on HR disciplinary data breach claims, please do not hesitate to call our team today.