What Could You Claim For A Breach Of Disciplinary Data?
In this guide, we will be covering the process of making a compensation claim for a breach of disciplinary data.
Throughout this article, we will explain what a breach of data protection is and how a personal data breach could occur. We will also discuss what personal data your disciplinary files or records could include.
Following this, we will discuss compensation. You may be wondering how much compensation you could receive following a personal data breach. We will provide examples of guideline settlement amounts, as well as the criteria your case must meet in order to be eligible for data breach compensation.
You may also wish to seek legal representation for your claim. We will explain how a solicitor from our panel could help you start your claim. Our advisors can provide free legal advice and more information surrounding starting a claim when you get in touch:
Select A Section:
- What Are Breaches Of The UK GDPR?
- How Could A Breach Of Disciplinary Data Happen?
- When Could A Breach Of Disciplinary Data Claim Be Made?
- Different Types Of Damage In Data Breach Claims
- How Much Could You Claim For A Breach Of Disciplinary Data?
- Contact Us
What Are Breaches Of The UK GDPR?
A personal data breach occurs when a security incident affects your personal data’s integrity, confidentiality, or availability.
The personal data of UK residents are protected mainly by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act (DPA). Personal data refers to information that can identify you. For example, this could be your full name, email address, or postal address. All of this information could be included in your disciplinary records or files.
Special category data is a kind of personal data that is granted extra protection. This is because it is information that is sensitive in nature, such as information regarding your sexuality, political views, or health.
However, not every breach of the UK GDPR or DPA will form the basis of a successful claim. In order to be eligible for personal data breach compensation, the breach:
- Has to include your personal data
- Has to cause you harm
- Must occur because of the failings of the organisation responsible for your personal data
How Could A Breach Of Disciplinary Data Happen?
Disciplinary information can be held by employers, schools, universities, and other institutions. And, often, disciplinary records can hold your personal data. As we previously mentioned, not all breaches of this data will form a valid claim. This is because the breach has to occur as a result of the failings of the data controller or processor.
Some examples of how wrongful conduct could lead to a breach of disciplinary data include:
- An email data breach occurs because an email containing disciplinary information and your personal data was sent to the wrong email address.
- A USB stick or hard drive containing your disciplinary records is lost or stolen.
- A misdirected fax that contained your personal data allows unauthorised parties to view your disciplinary records and personal data.
- An employee with access to your disciplinary data verbally discloses this information to an unauthorised third party.
Statistics On Data Breaches
The Information Commissioner’s Office (ICO) are an independent body dedicated to enforcing data protection law. They also collect and publish reports of data security incident trends. According to these reports, in Q4 of the 2021/11 financial year, there were 2,172 reported data security incidents. Of this number, 1,696 were non-cyber incidents, and 476 were cyber.
Find out if you could claim for a breach of your disciplinary data by getting in touch with our advisors today.
When Could A Breach Of Disciplinary Data Claim Be Made?
In order to make a claim for a breach of disciplinary data, you would need to prove that the breach not only included your personal data but also occurred as a result of wrongful conduct on the part of the controller or processor. You must also prove that the breach caused you to suffer financial or psychological harm.
If an organisation suffers a personal data breach, and this could compromise your rights or freedoms in some way, it must report it to the ICO within 72 hours. Likewise, it should inform you of the breach without undue delay.
If you suspect a breach has occurred, you can approach the organisation and make a complaint. They may be able to confirm the breach or provide you with more information.
You would also need to show that you have suffered in some way. This could either be pain and suffering caused by stress that resulted in psychological injuries, or it could be financial losses caused by the data breach.
Different Types Of Damage In Data Breach Claims
There are two types of damage that you could pursue if you choose to make a personal data breach claim. These are material damage and non-material damage.
Material damage addresses the financial impacts of the breach. For example, if your bank account or debit or credit card information is compromised, this could lead to criminals making fraudulent purchases or withdrawing money.
Noon-material damage relates to the psychological impacts of the breach. A personal data breach can have many impacts on your mental health, and can cause mental injuries such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Read on to learn more about compensation for a breach of disciplinary data, or get in touch with our advisors to find out if you can claim.
How Much Could You Claim For A Breach Of Disciplinary Data?
Material and non-material damage amounts vary from case to case, and as such, we cannot provide an average payout or settlement. However, the Judicial College Guidelines (JCG) provide guideline settlement values to help legal professionals like solicitors and judges as they value claims.
From this document, we have created a compensation calculator table to help give you an idea of what non-material damage awards could look like.
|Psychological Damage||Severity Level||More Info||Possible Damages|
|Mental Injuries||Severe||Permanent, severe effect on the ability to cope with daily life and activities, which results in a very poor prognosis.||£54,830 to £115,730|
|Mental Injuries||Moderately Severe Severe||Symptoms will be similar to the case above, though the prognosis will be more optimistic.||£19,070 to £54,830|
|Mental Injuries||Moderate||A good prognosis is shown through the improvement of symptoms by the time of trial.||£5,860 to £19,070|
|Mental Injuries||Less Severe||In order to determine damages, the severity and duration of symptoms are considered.||£1,540 to £5,860|
|Anxiety Disorder||Severe||Symptoms of this severity will permanently impact employability and the ability to function throughout daily life.||£59,860 to £100,670|
|Anxiety Disorder||Moderately Severe||Symptoms may be similar to the case above, but there is a better prognosis due to some recovery with professional treatment.||£23,150 to £59,860|
|Anxiety Disorder||Moderate||A large recovery can be achieved, and any symptoms that remain are not disabling.||£8,180 to £23,150|
|Anxiety Disorder||Less Severe||Within 1-2 years, a virtually full recovery can be achieved with any remaining symptoms being minor.||£3,950 to £8,180|
Our panel of No Win No Fee solicitors can help you start your claim with a Conditional Fee Agreement (CFA). Usually, a CFA means you do not pay ongoing or upfront fees or costs to your solicitor. You only pay for your solicitor’s services if your case is successful, in which case they will take a success fee from your award. This fee is legally capped and discussed beforehand. But, if your claim does not succeed, then you will not pay this fee.
To learn more about how a solicitor from our panel could help you, get in touch with our team of advisors today. They can provide free legal advice and can evaluate your claim and eligibility. To learn more:
For further resources:
Or, for more helpful guides:
- Failure To Redact Data Breach Compensation Claims
- Human Error Data Breach Compensation Claims
- Data Subject Rights Following A Breach Of Data Protection
For more information on making a claim following a breach of your disciplinary data, get in touch with our team.
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