Can I Be Compensated For Financial Losses After A Data Breach At Work?
Yes, financial losses caused by a workplace data breach may be claimed as material damage. Material damage refers to the tangible, measurable financial impact a personal data breach has had on you.
This type of compensation is important because it helps restore your financial position to what it was before the breach, ensuring you are not left financially disadvantaged due to your employer’s failure to protect your personal data.
Examples of material damage include:
- A loss of earnings due to taking time off work because of the emotional effects of the data breach.
- Relocation costs if you had to move address following a breach due to concerns for your safety.
- The cost of installing home security measures for protection following the breach.
- The cost of therapy or counselling due to the mental harm caused by the incident.
In order to receive compensation for your material damage, you will need to provide clear evidence such as receipts, payslips, bank statements, or invoices.
Call today for expert guidance on recovering your financial losses after a workplace data breach. We’re here to help you claim what you’re entitled to.
What Could Cause A Work Data Breach To Occur?
A workplace data breach can happen for many reasons, but often they are the result of an employer’s failure to follow proper data protection procedures, training, or security protocols.
Here are some examples of how a workplace data protection breach could potentially occur:
- Sending personal data to the wrong person: An HR employee accidentally emails an unencrypted file containing salary, national insurance numbers, and medical records of several staff members to the incorrect email address.
- Unauthorised access: An employee is given access to a shared drive containing confidential personal data, such as disciplinary records and postal addresses, even though they do not need this information to perform their role.
- Unlawful destruction or loss of data: A manager deletes digital personnel files without proper authorisation or backup, causing the permanent loss of personal data. This demonstrates a failure to implement appropriate technical measures to ensure data security.
- Cyber attacks due to poor IT security: The company fails to update firewall and anti-malware software, allowing a hacker to gain access to sensitive employee data such as contact details and financial information.
- Failure to redact sensitive data: An internal report containing employees’ medical conditions is distributed across departments without redacting identifiers.
If you suspect your employer failed to meet their data protection duties, speak with an advisor today. One of the UKLaw advisors can assess your case and advise whether you have grounds for a workplace data breach claim.
Is My Employer Responsible For Ensuring Data Is Kept Safe At Work?
Yes, your employer is legally responsible for keeping your personal data safe. This includes making sure proper systems are in place to prevent data breaches, such as secure storage, access controls, and up-to-date information security measures.
They should also keep clear records of how your data is used and carry out risk assessments when processing could pose a threat to your rights. In some cases, they may need to appoint a data protection officer to oversee how data protection rules are followed.
If your employer fails to take these steps and your data is exposed, you may be entitled to claim compensation for the harm you’ve suffered.
Think your employer failed to protect your data? Contact an advisor today to find out if you can begin the data breach at work claims process.
What Data Could Be Breached In A Workplace?
Workplace data breaches can involve various types of personal data and special category data, (which is a more sensitive type of personal data that requires extra protection). Both are protected under data protection legislation.
Personal data includes information that can directly or indirectly identify you, such as:
- Name and phone number.
- Email and postal address.
- National insurance numbers.
- Employment records, including dismissal information.
- Financial information.
- Credit card details.
Special category data is considered more sensitive and includes:
- Medical records.
- Sexual orientation.
- Racial or ethnic origin.
- Religious beliefs.
- Trade union membership.
- Genetic and biometric data.
If this kind of data is exposed or compromised in any other way due to a workplace data breach, the effects can be serious, both emotionally and financially.
How Do I Start A Data Breach At Work Claim?
To begin a data breach at work claim, you’ll need to gather strong evidence that shows your personal data was compromised and that you suffered harm as a result.
You can take the following steps to prepare your claim:
- Keep a timeline: Record when and how you first became aware of the data breach.
- Request details from your employer: Ask how the breach happened, what personal data was affected, and what steps they are taking to prevent a future breach.
- Gather evidence of the breach, such as a notification letter or email from your employer and written correspondence with your employer regarding the breach.
- Contact the Information Commissioner’s Office (ICO) to launch an investigation. The ICO is the UK’s independent authority responsible for upholding information rights and enforcing data protection laws. If the organisation responsible for the data breach has failed to give you a clear explanation, you can also report the breach to the ICO. You should do this within 3 months of your last meaningful contact with them about the incident. While the ICO doesn’t award compensation, their findings could help support your claim.
- Collect proof of your emotional or psychological harm, such as medical records, a diagnosis letter from a GP or psychiatrist, and counselling or therapy notes
- Collect proof of your financial losses, including payslips showing loss of earnings, invoices or receipts for related costs, such as security purchases or the removal fees.
Our advisory team can assist you in identifying what evidence is needed and help you build the strongest possible case. So, call today for tailored advice on how to start your claim.
Can UK Law Help Me Claim On A No Win No Fee Basis?
Yes, our panel of solicitors can represent data breach at work claims on a No Win No Fee basis. This means that if your claim is unsuccessful, you won’t pay for the legal services provided by our panel of solicitors.
When you contact us, an advisor will assess your case and determine whether you’re eligible for compensation. If they believe you may have a valid claim, they can connect you with our panel. If a specialist data breach solicitor from the panel can take on your case, a Conditional Fee Agreement (CFA) can be offered. This means that:
- You won’t need to pay any upfront or ongoing costs for your solicitor’s work.
- If your claim is unsuccessful, you won’t need to pay for your solicitor’s work at all.
- If your case wins, a success fee will be deducted from your compensation. This fee is a percentage that is capped by law, and agreed upon between you and your solicitor before the claim begins.
Let UK Law remove the stress of claiming data breach compensation. Call now for free advice.
Contact Our Advisors To Get Started
Ready to claim compensation for a data breach at work? Our team of friendly and knowledgeable advisors are here to help. We offer a free initial consultation and can connect you with our panel of solicitors who work on a No Win No Fee basis:
- Call 020 3870 4868.
- Fill out our claim online form.
- Send a message in our live on-screen chat box.
More Information
For more on data protection and your rights, visit:
- ICO – how to make a complaint.
- GOV.UK – data protection guidance.
- National Cyber Security Centre (NCSC) – 10 steps to cyber security.
You may also find our related guides useful:
- How to make a stolen device data breach claim.
- Make a data breach claim against an employment agency.
- How to make a pension data breach claim.
If you’ve been affected by a workplace data breach, our advisors can help you better understand your rights and guide you through the process of making data breach at work claims.
