How To Claim For A Recruitment Agent Data Breach

This guide shows when and how you can claim compensation if you were affected by a recruitment agent data breach.

recruitment agency data breach

How To Claim For A Recruitment Agent Data Breach

We outline the data protection legislation that sets out what certain parties must do with regard to the handling, storing, and processing of your personal data. We also note eligibility criteria that must be met to seek compensation for a personal data breach.

Our guide details the evidence you can gather to support your case and how a settlement awarded following a successful claim could account for the financial and emotional effects of your personal data being compromised.

Later in the guide, we note the benefits of pursuing compensation for a data breach with the support of a No Win No Fee solicitor from our panel.

By contacting our dedicated advisors for a free case assessment, you can learn if you have a valid personal data breach claim that a solicitor could help you with. They can be reached through any of these three avenues:

Select A Section

  1. How To Claim For A Recruitment Agent Data Breach
  2. What Data Do Recruitment Agencies Handle?
  3. Information Which Can Help You Make A Claim
  4. Calculating Data Breach Claim Payouts
  5. Start Your Recruitment Agent Data Breach Claim On A No Win No Fee Basis
  6. Learn More About Data Protection Breach Claims

How To Claim For A Recruitment Agent Data Breach

The two laws in place to ensure your personal data is protected are the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). Article 4 of the UK GDPR provides definitions of the parties responsible for adhering to these data protection laws:

  • The data controller determines how and why personal data is processed.
  • A data processor is a third party the controller may ask to process the personal data on their behalf. Alternatively, the data controller could opt to process the data themselves.

If they fail in their obligations to protect your personal data, which is information that can be used to identify you, it could potentially lead to a breach that compromises your personal data.

The Information Commissioner’s Office (ICO), the UK’s independent body responsible for upholding data subjects’ rights, defines a personal data breach as a security incident affecting the availability, integrity, or confidentiality of personal data.

However, it may only be possible to make a data breach compensation claim if you can prove:

  • The data controller or the data processor failed to uphold their obligations under data protection legislation.
  • This failure led to a data breach affecting your personal data.
  • Because of this, you suffered mental harm, financial loss, or both.

Limitation Periods

Generally, the time limit for beginning a personal data breach claim is six years. The limitation can be reduced to one year if it is made against a public body.

Please speak to our advisors for further guidance on when you could make a recruitment agent data breach and how long you have to do so.

What Data Do Recruitment Agencies Handle?

As mentioned, personal data is any information that could identify you by itself or alongside another piece of information. This could include, your:

  • Name.
  • Email address.
  • Phone number.
  • Address.
  • Banking details.

Additionally, there is another type of personal data that is more sensitive and given extra protection under the UK GDPR. This is called special category data and can include data concerning health, such as a disability.

Below, we have provided examples of how a recruitment agent data breach could occur:

  • An agency employee misplaces a laptop with your information on it. The lost device is found and accessed by an unauthorised third party.
  • A recruitment agent passes your name, phone number, and email address to a potential employer without having a lawful basis for doing so.
  • You pay a recruitment agency for a CV writing course. However, due to inadequate cyber security measures, your banking details, including your account number and sort code are stolen in a ransomware attack.

Call our team for free guidance on what to do following a breach of your personal data. They can offer an assessment of your potential data breach compensation claim.

Information Which Can Help You Make A Claim

Evidence can highlight how the recruitment agent data breach occurred and the impact it has had on you. As such, you could collect:

  • Correspondence with the organisation that provides information about the nature of the breach, such as emails or a data breach notice letter.
  • Medical evidence showing any psychological injuries you suffered due to the breach, such as a report from your doctor.
  • Evidence of any financial loss resulting from the incident, such as bank statements.

A data controller must inform you of a personal data breach that puts your rights at risk without delay. You could also contact them directly if you believe a breach has occurred.

You can also report a breach to the ICO, if the organisation has failed to respond or provide an adequate response. If the ICO investigates, their findings could also count as evidence in your claim.

Get in touch with an advisor from our team on the number above. They can assess your case and may assign a solicitor from our panel to help you seek compensation for a data breach if you have a valid claim. As part of their services, they can assist you in gathering evidence to build a strong case.

Calculating Data Breach Claim Payouts

Following a successful recruitment agent data breach claim, you could receive compensation for the psychological harm caused by the breach. This is known as non-material damage and can include stress, depression, anxiety, or post-traumatic stress disorder, in more severe cases.

Legal professionals can refer to a document called the Judicial College Guidelines when calculating the value of non-material damage. We have used this document, which contains guideline compensation brackets for several types of harm, to form the table below.

Compensation Table

It is important to note that the table is just a guide.

Psychological Damage Severe The affected person faces marked problems dealing with education, work and other factors of life, and has a very poor prognosis. £54,830 to £115,730
Moderately Severe There are significant issues handling different aspects of life, but the prognosis is better than in the above bracket. £19,070 to £54,830
Moderate A prognosis is good and there have been notable improvements. £5,860 to £19,070
Less Severe Among the considerations given when determining the award are the length of time the person was affected for and how much they were impacted. £1,540 to £5,860
Anxiety Disorder Severe Every aspect of the affected person’s life will be seriously affected, with permanent effects preventing them from functioning at a pre-trauma level. £59,860 to £100,670
Moderately Severe The prognosis is more optimistic than those of severe cases, but significant disability is likely for the foreseeable future. £23,150 to £59,860
Moderate Recovery is largely completed and ongoing effects are not too disabling. £8,180 to £23,150
Less Severe The affected person mostly recovers fully in one to two years and only has minor symptoms beyond that time. £3,950 to £8,180

Material Damage Compensation

Material damage accounts for money you lose because of a personal data breach. This can include money stolen from your account, for example. You can keep hold of documents like bank or credit card statements to prove these losses.

You can talk to an advisor today to discover what your potential personal data breach compensation claim could be worth.

Start Your Recruitment Agent Data Breach Claim On A No Win No Fee Basis

While you can make a recruitment agent data breach claim independently, it could benefit you from working with an experienced data breach solicitor from our panel. They can offer their experience and knowledge to assist you through the claims process. For example, they could ensure your claim is submitted on time and ensure your claim is valued correctly.

The solicitors from our panel offer their services under No Win No Fee terms, meaning they can provide their services via a Conditional Fee Agreement.

This arrangement would mean you do not pay for their work:

  • Upfront;
  • As the case continues;
  • If the claim fails.

If your case wins, the solicitor deducts a success fee from your compensation. This fee is taken as a percentage of the compensation awarded that is capped by The Conditional Fee Agreements Order 2013.

Talk To Our Team

Do you want to know whether you have a valid claim for a recruitment agent data breach? If so, our advisors can step in to assess your case for free. To get started, you can:

Learn More About Data Protection Breach Claims

Here are some other data breach guides you could find helpful:

These resources may also be useful:

Thank you for taking the time to read our guide on starting a claim for a recruitment agent data breach. If you have any other questions, please call an advisor on the number above.

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