Can I Sue My Employer For Disclosing Personal Information In The UK?

Can I sue my employer for disclosing personal information in the UK data breach claim

Can I sue my employer for disclosing personal information in the UK?

This guide aims to address the question, can I sue my employer for disclosing personal information in the UK?

In this guide, we will explain when your employer is allowed to disclose your information to a third party without your consent. We will discuss what a personal data breach is and what kinds of personal data your employer may hold.

We will also discuss compensation. This article will touch on how compensation could be calculated in a personal data breach claim, and who could be eligible to receive it.

Our advisors are available around the clock to answer any questions you might have. Keep reading to learn more about who can make a personal data breach claim, or get in touch today:

Select A Section:

  1. When Can I Sue My Employer For Disclosing Personal Information In The UK?
  2. When Can And Can’t Employers Disclose Data?
  3. What Data Could An Employer Have Disclosed?
  4. How Could I Be Compensated?
  5. How Much Can I Sue My Employer For Disclosing Personal Information In The UK?
  6. Talk To An Expert

When Can I Sue My Employer For Disclosing Personal Information In The UK?

A personal data breach occurs when personal data is compromised in a security incident that affects its availability, confidentiality, or integrity.

According to the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA), data controllers and processors must take certain steps in order to protect the personal data– which is any information that could identify you –of UK residents. This includes establishing a lawful basis before they share it.

This legislation is enforced by the Information Commissioner’s Office (ICO), which is an independent organisation dedicated to data protection. The ICO can fine organisations that do not comply with data protection law.

Your employer can be both a data controller and a data processor. This means that they control what data they collect from you and how they process it, and can also process it themselves. As such, they must comply with data protection law.

However, you may not be able to claim for every case of verbal disclosure by your employer. Read on to learn more, or contact our advisors to find out if you could be eligible to claim.

When Can And Can’t Employers Disclose Data?

Your employer can disclose your personal data if they can first establish a lawful basis. These are outlined by the UK GDPR and include:

  • Contract
  • Consent
  • Legitimate interest
  • Vital interest
  • Public task
  • Legal obligation

As you can see, consent is only one of these bases. This means that there are some occasions under which your employer could disclose your personal data. For example, your employer may disclose your health data to a first responder in an emergency in order to save your life. This would fall under the base of vital interest.

However, if your employer discloses your personal data without first establishing a lawful basis, then this could be a personal data breach. But, not all cases of the disclosure without a lawful basis can form the basis of a claim. In order to be eligible:

  • The breach must come as a result of wrongful conduct on the part of the controller or processor
  • The breach must cause you to suffer harm
  • The breach must include your personal data

Find out if you can sue your employer for disclosing your personal information in the UK by contacting our team of advisors today.

What Data Could An Employer Have Disclosed?

Your employer could have access to a range of personal data, from your name and postal address to your disciplinary paperwork. Further examples of personal data that your employer could have access to include your:

However, your employer may also have access to a type of persona data known as special category data. Due to its sensitive nature, special category data requires added security under the UK GDPR and DPA. Some examples of special category data that your employer could have access to include information regarding your:

Find out if you can sue your employer for disclosing your personal information in the UK by contacting our team of advisors today.

How Could I Be Compensated?

If your personal data breach claim succeeds, there are two potential heads of compensation that you could receive. These are material damage, and non-material damage.

Material damage addresses the financial impact of the data breach. For example, if your credit or debit card details are compromised, this could lead to criminals gaining access to your bank account or making fraudulent purchases that result in debt. Or, if the stress of the breach causes you to need time away from work, this could result in a loss of earnings.

Non-material damage addresses the psychological impact of the breach. A personal data breach can cause mental health injuries such as anxiety, depression, and distress. For example, if your employer were to disclose your sexual orientation without your consent or a lawful basis, this could result in significant anxiety.

It can be useful to gather evidence to support claims for either head of compensation. For example, a bank statement can help illustrate lost earnings or illegal withdrawals from your account. Likewise, a medical report can prove that you have suffered psychological harm, such as depression or post-traumatic stress disorder (PTSD).

Keep reading to learn more about claiming compensation for a personal data breach. Alternatively, contact our advisors to find out if you can sue your employer for disclosing your personal information in the UK.

How Much Can I Sue My Employer For Disclosing Personal Information In The UK?

Every compensation claim relies on individual circumstances and unique losses. Because of this, we cannot provide an average settlement for a personal data breach. However, we have constructed a data breach compensation calculator table with figures taken from the Judicial College Guidelines (JCG).

The JCG is a document used by legal professionals such as solicitors, lawyers, and judges, to help them calculate settlement amounts. This is because it provides guideline figures for many illnesses and injuries. However, the JCG only covers England and Wales. For more information, get in touch.

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Injury Severity Additional Information Bracket
Psychological injury Severe The personal, school and work life of the claimant is severely and permanently impacted. The prognosis for recovery is bad. £54,830 to £115,730
Psychological injury Moderately Severe  This bracket deals with symptoms similar to the above, though the prognosis is more optimistic. £19,070 to £54,830
Psychological injury Moderate A marked improvement of symptoms occurs by the time the case could go to trial. £5,860 to £19,070
Psychological injury Less Severe How badly sleep and life are affected will drive the level of compensation. £1,540 to £5,860
PTSD Severe The claimant is not able to function as they could prior to the condition. All aspects of life are affected. £59,860 to £100,670
PTSD Moderately Severe There is a chance of some level of recovery with the help of a professional, leading to a better prognosis. £23,150 to £59,860
PTSD Moderate A large recovery takes place, and any symptoms that are ongoing are not disabling. £8,180 to £23,150
PTSD Less Severe Recovery from this level of PTSD would happen within one to two years. Any remaining symptoms will be minor in nature. £3,950 to £8,180

Please note that these figures represent non-material damage amounts and are guideline figures only. The actual amount you could receive may vary. For more information, contact our team of advisors.

Talk To An Expert

If you are interested in making a personal data breach claim, you may be wondering if you can hire legal representation. Our panel of No Win No Fee solicitors offer their services with a Conditional Fee Agreement (CFA), which generally means there are no upfront or ongoing fees to pay.

Your solicitor will only take a success fee if your claim is successful. This is a percentage of your compensation, though this percentage has a legal cap. However, if your claim does not succeed, then you do not pay this fee.

To find out if you can sue your employer for disclosing your personal information in the UK, or to learn more about our panel of solicitors, get in touch:

Workplace Data Protection Breach Claim Resources

Further helpful resources:

More guides to read, you may find them to be of use.

To find out if you can sue your employer for disclosing your personal information in the UK, or to learn more about making a claim, get in touch today.

Writer KE

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