HR Breached Disciplinary Data – What Could You Claim?
In this guide, we take a look at the process of making a compensation claim if HR breached your disciplinary data.
We will explore the legislation that protects the personal data of UK residents, as well as the criteria that your case must meet in order to be valid.
To learn more about claiming data breach compensation following a human resources data breach, get in touch with our advisors. They can provide free legal advice and more guidance around starting the claims process. To get in touch:
Select A Section:
- How HR Could Have Breached Your Disciplinary Data
- What Is A Breach Of The UK GDPR?
- When Could You Make A Claim?
- What Are The Different Types Of Compensation?
- How Much Could You Claim If HR Breached Your Disciplinary Data?
- Talk To Us About Making A Claim If HR Breached Your Disciplinary Data
What Is A Breach Of The UK GDPR?
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are two of the key pieces of legislation that govern the protection of personal data for UK residents. This legislation ensures that data controllers and processors take the necessary steps to protect your personal data.
A data controller is an organisation that decides why they need your personal data and how they intend to use it. Likewise, a processor processes this information on the controller’s instruction.
A personal data breach is a security incident that affects your personal data. When a personal data breach occurs, the availability, integrity, or confidentiality of your data is compromised. This means any information that could identify you, such as your name, postal address, or phone number.
However, you cannot claim for all instances of a personal data breach. According to the UK GDPR, in order to claim, you must:
- Suffer harm due to the breach
- Prove that your information was involved in the breach
- Prove that the controller or processor’s failings caused the breach
If HR breached your disciplinary data and you would like to know if you have a valid claim, contact our advisors.
How HR Could Have Breached Your Disciplinary Data
There are a variety of ways in which HR could have breached your disciplinary data. These can range from human error to intentional cyberattacks. However, as we have already mentioned, not all instances of a personal data breach will become valid claims. This is because the breach must be a result of wrongful conduct on the part of the data controller or processor.
Some examples of how wrongful conduct could contribute to a personal data breach include:
- HR breached disciplinary data at work by emailing documents that contain your personal data to the wrong recipient. Failure to use BCC is another example of how an email data breach could occur.
- An HR employee sent a misdirected fax containing your personal data to the wrong fax machine.
- Personal information from your disciplinary records was shared with an unauthorised party through verbal disclosure.
- Devices that contain your personal data, such as USB sticks or hard drives, are lost or stolen due to a lack of physical security policies..
To learn more about how a personal data breach can occur, contact our advisors today.
When Could You Make A Claim?
According to the UK GDPR, your claim must meet certain specifications in order to be eligible to claim. For example, you must suffer harm, and the organisation’s failings must lead to the breach.
There are also time limits in place for starting a personal data breach claim. Usually, you will have six years to start your claim. However, you may wish to claim against a public body, such as a local council. In this case, you have one year to start your claim.
To learn more about how time limits could affect your claim after HR breached your disciplinary data, get in touch with our advisors.
What Are The Different Types Of Compensation?
There are two types of compensation that you can pursue in a personal data breach claim: these are material damage and non-material damage.
Non-material damage is the head of compensation that addresses the psychological injuries that you suffer due to the personal data breach. For example, you may suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of a breach.
You may also be able to claim for financial losses under material damage. Examples include loss of earnings due to time taken away from work to recovery from mental illness caused by the breach, or monetary loss caused by fraud due to a breach of your debit or credit card details.
How Much Could You Claim If HR Breached Your Disciplinary Data?
As all personal data breach claims are unique, we cannot provide an average compensation amount for successful HR data breach claims. However, there are still some ways in which you can get a broad idea of what you could receive.
Below, you can find a mental health injury compensation calculator table. The Judicial College Guidelines (JCG) is a document that provides guideline settlement and compensation figures to help solicitors, judges, and other legal professionals when they value claims.
However, it is important to remember that these figures are guideline amounts only, and they relate to the non-material damage head of your claim. For a free estimation of what you could receive if HR breached your disciplinary data, contact our advisors today.
|Psychological Damage||Severity Level||Possible Damages||Description|
|Mental Injuries||Severe||£54,830 to £115,730||A very poor prognosis due to symptoms that affect the ability to cope with all areas of life.|
|Mental Injuries||Moderately Severe Severe||£19,070 to £54,830||Similar symptoms to the case above, although the prognosis is better.|
|Mental Injuries||Moderate||£5,860 to £19,070||A good prognosis is achieved, reflecting the significant improvement of symptoms by the time of trial.|
|Mental Injuries||Less Severe||£1,540 to £5,860||The length of time affected by symptoms and the effect on daily life are considered.|
|P.T.S.D.||Severe||£59,860 to £100,670||Severe symptoms of PTSD prevent the claimant from working and functioning at the pre-trauma level.|
|P.T.S.D.||Moderately Severe||£23,150 to £59,860||Some recovery may be achieved with professional treatment.|
|P.T.S.D.||Moderate||£8,180 to £23,150||A large recovery can be achieved. The remaining symptoms are not grossly disabling.|
|P.T.S.D.||Less Severe||£3,950 to £8,180||Some minor symptoms of PTSD may last longer than two years, but a virtual full recovery is achieved in this time.|
Talk To Us About Making A Claim If HR Breached Your Disciplinary Data
If HR has breached your disciplinary data, you may be interested in starting a personal data breach claim. Our panel of solicitors offer Conditional Fee Agreements (CFAs), which are a kind of No Win No Fee arrangement.
Generally, hiring legal representation under a CFA means that you do not need to pay any fees or costs to your solicitor either upfront or throughout the duration of your claim. You only pay a fee to your solicitor if your claim succeeds. This success fee is a legally capped percentage of your compensation. In the case of an unsuccessful claim, this fee is not paid.
We understand you may have questions or need more information. If would like free legal advice, use the information below to get in touch with our team of expert advisors. They can also advise you on how to deal with a data breach.
To get in touch:
Learn More About Data Breach Claims
For more helpful resources surrounding personal data breaches:
Or, if you would like to learn more from our helpful guides:
- Stolen Paperwork Data Breach Compensation Claims
- Dentist Data Breach Claims
- Wrong Postal Address Data Breach Claims
If HR breached your disciplinary data and you would like to start a claim, contact our team of advisors today.
Checked by HP