After a disciplinary records data breach, you might be left feeling distressed and at a loss. However, we want you to understand that it could be possible for you to receive a payout for a data breach claim. In this guide, we’ll discuss where to report a data breach and how to get the maximum compensation for a data breach claim.
A guide to claiming after a disciplinary records data breach
We’ll also go through what the causes of data breaches could be and what legislation is in place to protect your data protection rights. Furthermore, we’ll let you know how a No Win No Fee agreement could benefit you.
Our panel of data breach claim solicitors are trained in data protection law and may offer their experience and expertise to get you a settlement for a data breach claim. You can get in touch instantly by using our live chat service. Alternatively, you can:
- Call the number above
- Use our site to see if you can make a claim
- Use our live chat
Choose A Section
- Guidance On Claiming Compensation For A Data Breach
- What Is A Disciplinary Records Data Breach?
- Examples Of Data Breaches
- How Much Could I Get For A Disciplinary Records Data Breach?
- Criteria To Receive A No Win No Fee Agreement
- Further Information About Disciplinary Records Data Breaches
Guidance On Claiming Compensation For A Data Breach
Before we begin this guide on payouts for a disciplinary records data breach claim, it would be useful for you to know what legislation is in place to protect your data privacy. The UK General Data Protection Regulation (UK GDPR) sets out a number of principles that organisations and individuals should follow when storing or processing personal data. The Data Protection Act 2018 (DPA) sits alongside the UK GDPR and imposes data protection compliance requirements.
In order to claim, you’d need to show that:
- Your personal information was involved in a data breach
- The data breach was caused by the wrongful conduct of the organisation that was processing or had control of your personal data
- You suffered psychological harm or financial loss, or both, as a result
If your personal data was involved in a data breach, and you have suffered harm or monetary loss as a result, you may be able to claim. You can call us for free legal advice.
What Is A Disciplinary Records Data Breach?
The Information Commissioner’s Office (ICO) is the UK’s independent body that enforces data protection law and can fine organisations that are found to commit data breaches. According to the ICO, a data breach is a security incident that occurs accidentally or unlawfully and leads to an individual’s personal data being:
- Accessed; or
- Disclosed; or
- Destroyed; or
- Lost; or
- Altered
A disciplinary records data breach may happen physically or digitally. No matter what way it happens, data controllers and data processors have a responsibility to follow data protection law. A data controller decides how and why data is stored, and they often process the personal data too. Sometimes, a data processor (a separate organisation) processes data on behalf of the controller.
Disciplinary records may contain highly sensitive data such as hearing notes, outcome letters and appeal paperwork. Therefore, when a data controller or processor does not follow the UK GDPR and the DPA, and their wrongful conduct causes a data breach, you may suffer financial damage or harm to your mental health. If this is the case for you, you could potentially have grounds for a valid claim. Speak to an advisor for more information.
Examples Of Data Breaches
A disciplinary records data breach may occur for a number of reasons, including through human error. While a human error may not be deliberate, the impact may still have a detrimental effect on you. Let’s look at some examples of data breaches.
- Loss or theft of paperwork: Disciplinary records may include appeal paperwork. Someone could lose or steal your paperwork if your employer does not store it safely and securely. For example, your employer may leave your paperwork on their desk in an open office. Subsequently, other employees could easily access your personal information.
- Data being emailed to the wrong recipient: An email could be sent to the wrong person if your employer does not have your correct email address. A principle of UK GDPR is that all personal data should be relevant and updated. Therefore, your employer has a responsibility to ensure they have your correct personal information.
- Verbal disclosures: If your employer does not speak to you privately about your disciplinary record, someone else could hear your conversation and hear personal information. Employers should discuss your disciplinary record with you discreetly and in a closed room.
What Can We Learn From The Data Breach Statistics?
There were 2,404 data security incidents reported to the ICO during Q3 of 2021/22. The health sector had the highest number of incidents, followed by the education and childcare sector. The most frequent incident type was data being emailed to the incorrect recipient with a total of 419 incidents. Organisations reported 84 incidents of verbal disclosures and just 44 incidents of loss or theft of paperwork.
If you feel you have been the victim of a data breach and have suffered financial or psychological harm as a result, you could potentially make a claim. Our advisors can offer a free, no-obligation consultation and may connect you to a solicitor from our panel if you have a valid claim.
How Much Could I Get For A Disciplinary Records Data Breach?
When you suffer from a disciplinary records data breach you could be able to claim for mental harm. However, you must be able to prove that any psychological injuries were a direct result of the data breach. A solicitor from our panel could organise an independent medical assessment to prove the extent of your injuries. Furthermore, it may be possible to arrange the assessment near you, so that you don’t have to travel far.
Solicitors use a document called the Judicial College Guidelines (JCG) to give an estimate of what you might be owed for injuries such as psychiatric damage and post-traumatic stress disorder. We have used compensation ranges from the 16th edition of the JCG to help you understand what you might receive for a data breach payout. Please see the compensation table below.
| Injury | Compensation Range | Notes |
|---|---|---|
| Severe Psychiatric Damage | £54,830 to £115,730 | All aspects of your life are detrimentally affected. |
| Moderately Severe Psychiatric Damage | £19,070 to £54,830 | Your symptoms may render you unable to work. |
| Moderate Psychiatric Damage | £5,860 to £19,070 | The prognosis is more optimistic but you’ll continue to struggle with your symptoms. |
| Less Severe Psychiatric Damage | £1,540 to £5,860 | Sleeping might be a struggle but the prognosis is a lot better. |
| Severe Post-Traumatic Stress Disorder | £59,860 to £100,670 | You’ll be unlikely to be able to work due to your symptoms. |
| Moderately Severe Post-Traumatic Stress Disorder | £23,150 to £59,860 | There is a major risk of significant disability in the future. |
| Moderate Post-Traumatic Stress Disorder | £8,180 to £23,150 | A recovery is expected despite minor symptoms persisting. |
| Less Severe Post-Traumatic Stress Disorder | £3,950 to £8,180 | You’ll likely make a full recovery within a year or two. |
Material Damage Definition
Material damage takes into consideration any loss caused by your disciplinary records data breach. For example, financial loss you may suffer could include a loss of earnings if you had to take time off work to recover. You could use a wage slip as evidence of a loss of earnings, while receipts may prove medical expenses such as prescription fees.
Our panel of personal injury solicitors could help you cover all bases of a claim. However, you must have a valid claim. Speak to us to find out if we could help you. An advisor might be able to help understand how much a data breach claim is worth.
Criteria To Receive A No Win No Fee Agreement
A No Win No Fee agreement offers a way to fund legal representation without having to pay their fee if the claim loses. You’ll only pay your No Win No Fee solicitor if they help you make a successful claim. Your solicitor will discuss all the costs involved before beginning legal proceedings. Additionally, you won’t have to pay an upfront solicitor’s fee or an ongoing one.
In order to apply for a No Win No Fee claim, you must be able to prove that you have suffered harm or loss as a result of a disciplinary records data breach. It is also important that you make a claim within the time limit. Under the Limitation Act 1980, you generally have six years to claim.
Ask About Making A Disciplinary Records Data Breach Claim
If you would like a No Win No Fee solicitor to work with you, our team of advisors can offer a free consultation to see whether your claim is valid. As we mentioned in the previous section, there is a timeframe for a data breach claim. Therefore, it’s important you get legal advice from a solicitor. We could help you, so don’t hesitate in getting in touch. There are plenty of ways you can speak to our team, including:
- Giving us a call on the number above
- Using our live chat function
- Or start your claim now
Further Information About Making A Disciplinary Records Data Breach Claim
We hope you have found this guide helpful. Here are some additional resources that you might be interested in.
Report a breach – It is important that you report a data breach that has affected your rights and freedoms to the ICO.
Cyber security breaches survey 2022 – The government offers an annual report into the impact of cyber breaches.
Post-traumatic stress disorder (PTSD) – NHS guidance on symptoms and treatments for PTSD.
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That concludes our guide on disciplinary records data breach claims. If you are ready to take action, get in touch for free legal advice.
Publisher Ruth Voss
Writer Lewis Jaques