In this guide, we will explain how you can make a claim if an employee used WhatsApp to share your personal data in a personal data breach. If you have suffered harm because your personal data was shared over WhatsApp, you could be eligible to make a claim.
We will discuss how personal data breaches can happen and what steps you need to take to make a valid claim. You can also see some examples of compensation brackets in this guide that may help you calculate what your claim could be worth.
Our advisors can offer you expert legal advice for free with no pressure to continue your claim with one of our solicitors. But, if our advisors find your claim to be valid, they may put you in contact with one of our solicitors, and they may be able to help you get started.
If an employee used WhatsApp to share your personal data, and you have further questions that cannot be answered by this guide, our advisors are here to help. Get in touch today to learn more:
Select A Section
- What Is Personal Data Under The UK GDPR?
- How Could An Have Employee Used WhatsApp To Share Your Personal Data?
- What Personal Data Could The Employee Have Shared?
- How Could An Employee Personal Data Breach Impact You?
- What Could You Claim For If An Employee Used WhatsApp To Share Your Personal Data?
- Start Your Claim Today If An Employee Used WhatsApp To Share Your Personal Data
To protect your personal data, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are in place to hold organisations and companies accountable. Personal data is any information that could be used to identify you as a living person. This can be if the information is used alone or in conjunction with other details.
Data controllers and data processors must both comply with the UK GDPR and the DPA. A data controller is responsible for deciding how to use your personal data and why. They must also establish a lawful basis for processing your personal data. Following this, the data processor will process your data.
If a security incident affects your personal data’s integrity, availability, or confidentiality, then this is a personal data breach. If the breach occurs because of wrongful conduct on the part of the controller or processor, and this causes you to experience harm, then you may be able to make a personal data breach claim.
The Information Commissioner’s Office (ICO) are an independent UK body that can hold organisations accountable for data security incidents. They can do so by investigating alleged or suspected breaches and imposing fines against organisations that do not comply with the legislation mentioned above.
Get in touch with our team of advisors today if an employee used WhatsApp to share your personal data.
As we have already mentioned, there must be wrongful conduct on the part of the data controller or processor in order to make a personal data breach claim. With this in mind, some examples of how an employee could share your data over WhatsApp include:
- Misdelivery: For example, a member of the HR department could send your disciplinary information to the wrong number in a text message, leading to workplace discrimination.
- Verbal disclosure: An employee could verbally disclose information about your medical conditions from your employee records to an unauthorised colleague over a WhatsApp phone call.
- Wrong attachments: An employee could send a message containing the wrong attachment and accidentally share your personal data with an unauthorised party.
It’s important to note that if an employee used WhatsApp to unlawfully share or expose your personal data, you would claim against the organisation responsible, not the app itself. If you have suffered harm as a result of a personal data breach, get in touch with our team today. They can offer free legal advice, and more help surrounding making a claim.
As we mentioned previously, personal data is any information that can identify you as a living person. As such, some examples of personal data that an employee at an organisation could share unlawfully include:
- Your home and email address
- Bank details, including debit and credit card details
- Your phone number
- Date of birth
- Full name
However, an employee or employer data breach may also affect your special category data. This is a kind of personal data that requires added layers of protection because of its sensitive nature. Some examples of special category data that could be affected by a personal data breach include:
- Your sexual orientation
- Information on your religious or philosophical beliefs
- Your trade union membership status
- Your racial or ethnic origin
- Health data, such as medical data
If an employee used WhatsApp to share your personal data, get in touch with our team today. They can tell you if your claim could be valid.
When making a data breach claim, you can seek the following:
- Material damage compensation: Compensation for the financial losses due to the personal data breach, such as money stolen from your bank account or credit card fraud.
- Non-material damage compensation: Compensation for the psychological injuries you’ve sustained due to the breach.
These two areas of harm can significantly negatively affect your day-to-day life. For example, if you suffer from post-traumatic stress disorder (PTSD) following the breach, this can have a negative effect on your social and working life. In some cases, it can even lead to you being unable to work, which can, in turn, harm you financially.
If you cannot work due to PTSD or another psychological injury caused by a personal data breach, this can result in a loss of earnings. Similarly, a personal data breach could allow criminals access to your credit or debit card details, which could allow them to make fraudulent purchases in your name.
If you have suffered harm because of a breach of your personal data, get in touch with our team today.
The Judicial College Guidelines (JCG) supply guideline compensation brackets regarding non-material damage compensation. Solicitors and other legal professionals often use the JCG to help them assign value to claims and settlement amounts.
|Severe Psychological Injury (a)
|£54,830 – £115,730
|The injured person will be affected in various aspects of life, including struggling to maintain relationships and cope with life overall.
|Moderately Severe Psychological Injury (b)
|£19,070 – £54,830
|The prognosis is more positive than above, though the injured person is still unable to manage work, education and life as a whole.
|Moderate Psychological Injury (c)
|£5,860 – £19,070
|Symptoms persis, but the overall prognosis is positive due to a significant improvement.
|Less Severe Psychological Injury (d)
|£1,540 – £5,860
|This bracket considers how long the person is affected by symptoms and how daily activities are affected.
|Severe PTSD (a)
|£59,860 – £100,670
|Permanent effects will leave the injured person struggling in all aspects of life and unable to live as they did pre-trauma.
|Moderately Severe PTSD (b)
|£23,150 – £59,860
|Professional help can improve the prognosis, though significant disability will still continue into the future.
|Moderate PTSD (c)
|£8,180 – £23,150
|Some effects continue, but they are non-disabling, and a large recovery occurs.
|Less Severe PTSD (d)
|£3,950 – £8,180
|Only minor symptoms persist into the future. A virtually full recovery can be made within one to two years.
Please be aware that these figures are guidelines only and not guarantees or estimates of the worth of your claim. Get in touch to learn more about data breach compensation.
Our solicitors could help you start your claim if an employee used WhatsApp to share your personal data by providing legal counsel and representation through a Conditional Fee Agreement (CFA). Under this kind of No Win No Fee arrangement, you can access legal help without paying an upfront fee to your solicitor.
Generally, those who access legal help under a CFA do not have to pay a fee to their solicitor unless their claim succeeds. In the event of a settlement, your solicitor will deduct a legally-capped success fee. However, if your claim fails, you will not be required to pay your solicitor for their work.
To learn more about how our solicitors may be able to assist you, get in touch:
- Visit the contact us page on our website
- Call 0800 073 8801
- Use the live chat to reach an advisor instantly
Learn More About Data Protection In The Workplace
If you need more information, see the following external links:
- ICO – Data security incident trends
- NCSC – Guidance for data breaches
- GOV – Statutory Sick Pay (SSP).
You can also see more of our guides here:
- School Data Breach – What Are My Rights?
- Comparison Site Data Breach – What Are My Rights?
- Social Services Data Breach Claims
For more information on how to make a claim after an employee used WhatsApp to share your personal data, get in touch with our team of advisors today.
Guide by JA
Edited by CH