What Could I Claim If My Disciplinary Information Was Sent To The Incorrect Address?
Was your disciplinary information sent to the incorrect address? Did details of your disciplinary action get posted to the wrong person? This guide will explain who can claim for a personal data breach and what data could be affected.
The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) clearly lay out these expectations. This legislation applies to all organisations processing the personal data of UK residents. It also lays out the criteria that your case must meet in order to claim.
Disciplinary information sent to an incorrect address can cause both emotional distress and financial losses. Our advisors can provide free legal advice and more help when you get in touch today:
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- What Are Disciplinary Records?
- Is Disciplinary Information Being Sent To The Incorrect Address A Data Breach?
- How Could Disciplinary Information Sent To An Incorrect Address Occur?
- What Are The Possible Impacts Of A Data Breach?
- What Could I Claim If My Disciplinary Information Was Sent To The Wrong Address?
- Contact A No Win No Fee Expert
Disciplinary records are files and documents detailing any disciplinary processes you may undergo at work, university, or school.
Disciplinary records can contain your personal data. Personal data is defined as any information that can be used by itself or alongside other details to identify you, for example, your full name, postal address, or phone number. Personal data also includes special category data, which needs extra protection because of its sensitive nature under the UK GDPR.
All data controllers and processors must follow the DPA and UK GDPR when processing the personal data of UK residents. If they fail to do so, this could result in a personal data breach.
The Information Commissioners Office (ICO) is the independent body responsible for upholding data protection legislation. They define a personal data breach as a security incident that affects your personal data and its availability, its confidentiality, or its integrity.
To find out if you could be eligible to make a claim, contact our advisors today. Or, to learn more about the criteria for claiming, read on.
If your disciplinary information is sent to the incorrect address, this could be a personal data breach. For example, your disciplinary records may contain your full name, your email address, or other details that could identify you. However, if your disciplinary information does not contain your personal data, then this is not a personal data breach.
The UK GDPR dictates the criteria that a claim must meet in order to be eligible to claim. According to this legislation, in order to claim:
- The breach has to contain your personal data
- The breach must occur because of failings on the part of the data processor or data controller
- You have to experience financial or mental harm as a result of the breach
Contact our advisors today to learn how to report a breach of your personal data. Or, read on to find out how your disciplinary information could be sent to an incorrect address.
As we previously mentioned, the breach must be a result of the data controller or processor’s failings in order to make claim. Some examples of how wrongful conduct can contribute to a personal data breach include:
- An email data breach could occur if your disciplinary information is sent to the wrong email address, allowing unauthorised parties access to your personal data.
- Your disciplinary information could go to the wrong address as a result of out-of-date records. Under data protection law, organisations must ensure their records are up-to-date.
- An employee could mislabel an envelope, sending your personal data to the wrong address by mistake. This allows an unauthorised person to open this and access your personal data.
These are all examples of human error data breaches. In addition to being sent to the wrong address, a personal data breach could involve the loss of data and its availability through theft and loss of devices or poor storage arrangements. It can also include sharing information that an employee failed to redact or verbal disclosure from someone who has read your information and passed this along to someone else.
Contact our advisors today to start your claim, or read on to learn more about the impacts of a personal data breach.
A personal data breach can have a range of negative impacts on your life, mental health, and financial well-being.
For example, your disciplinary records could contain information that would cause embarrassment, distress, or damage to your reputation were it to be exposed. Similarly, the stress of a data breach can lead to mental health injuries. One example would be suffering anxiety after a data breach.
A personal data breach can also affect your finances. A breach of credit card data can lead to criminals making illegal purchases on your card and accruing debt in your name. Or, you may need to take a leave of absence from work to recover from the stress of the breach. This can lead to a loss of earnings.
To start your claim, get in touch with our team of expert advisors. Or, read on to learn about what you could claim if your disciplinary information was sent to the wrong address.
A successful personal data breach claim can result in two heads of compensation: material damage, and non-material damage.
Non-material damage provides compensation for the mental suffering and psychological injuries you suffer because of the personal data breach. For example, if you suffer stress due to a data breach, depression, or post-traumatic stress disorder (PTSD).
Below, you can find a table that showcases guideline compensation awards. These guidelines are provided by the Judicial College Guidelines (JCG) to help legal professionals as they value compensation claims. Please note that these values are guidelines only, and refer to non-material damage awards.
|Definition of Psychiatric Harm||Judicial College Guidelines and Severity||Notes|
|Psychiatric Damage Generally||£54,830 to £115,730- (a) Severe Level||A very poor prognosis with impacts felt in all areas of the person's life.|
|Psychiatric Damage Generally||£19,070 to £54,830 - (b) Moderately Severe Level||A better prognosis than above, though symptoms are similar.|
|Psychiatric Damage Generally||£5,860 to £19,070 - (c) Moderate Level||Improved symptoms by the time that the case may be heard in court. This leads to a good prognosis.|
|Psychiatric Damage Generally||£1,540 to £5,860 - (d) Less Severe Degree||Reflective of the length of disability and the effect on daily activities.|
|Post-Traumatic Stress Disorder (PTSD)||£59,860 to £100,670 - (a) Severe Degree||Permanent effects impact the person in a way that means they cannot function as they would have pre-trauma.|
|Post-Traumatic Stress Disorder (PTSD)||£23,150 to £59,860 - (b) Moderately Severe||A better prognosis, given some professional intervention and counselling.|
|Post-Traumatic Stress Disorder (PTSD)||£8,180 to £23,150 - (c) Moderate Degree||Reflects a large amount of recovery with non-disabling effects continuing.|
|Post-Traumatic Stress Disorder (PTSD)||£3,950 to £8,180 - (d) Less Severe||A virtually full recovery within a 2 year period and only minor issues persisting beyond this period.|
Material damage provides compensation for the financial losses you suffer following a personal data breach. For example, if you lose earnings after taking time off work to recover or if your credit score is damaged when criminals access your bank details.
For a free evaluation of what your claim could be worth, contact our advisors today. They can provide free legal advice and an estimate of what you could receive.
When you get in touch with us, our advisors can explain how a No Win No Fee arrangement could benefit you and your claim. Our panel of data protection solicitors offer representation through a Conditional Fee Agreement (CFA). Generally, a solicitor working under a CFA will not ask you for upfront or ongoing fees or payments. The only payment your solicitor will take under a CFA is a success fee if your claim succeeds. However, if it does not succeed, they do not take this payment.
To learn more or to get a free consultation, contact our advisors today:
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- Breach of illness data claims
- Can I claim compensation after receiving a UK GDPR notice letter?
- Can I claim for a breach of criminal data?
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