An Employer Sent My Personal Data To The Wrong Address, How Do I Claim?

Has an employer sent your personal data to the wrong address? Did you suffer harm as a result of this? If you have suffered mentally or financially as a result of a personal data breach, you may be eligible to claim compensation. 

employer sent personal information to the wrong address

Employer sent my personal data to the wrong address claims guide

This guide will look at how a personal data breach can affect you and your psychological and financial health. The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) work together to provide stringent data protection laws for citizens of the UK. 

We can help you, if this has happened to you. We have a team of advisors that can provide you with information and answer any questions that you may have about making a claim. This free service is available 24 hours a day, 7 days a week. 

Contact us today: 

Select A Section

  1. Information An Employer Could Send To The Wrong Address
  2. Ways An Employer Could Have Sent Personal Data To The Wrong Address
  3. What Are Wrong Address Data Breaches?
  4. Am I Entitled To Seek Compensation?
  5. What Could I Claim If An Employer Sent Personal Data To The Wrong Address?
  6. How To Claim If An Employer Sent Personal Data To The Wrong Address

Information An Employer Could Send To The Wrong Address

Your employer may hold your personal data, and also a type of personal data known as special category data. These can be affected by an employer data breach.

Special category data is information that requires an extra level of protection. For example, this would include information such as: 

  • Racial or ethnic origin, 
  • Political information, 
  • Philosophical or Religious information, 
  • Trade Union membership
  • Biometric or genetic data
  • Medical records

Any information that could identify you is personal data. This includes: 

  • Name
  • Address
  • Date of birth
  • Email address
  • Phone number
  • Bank account
  • Debit/Credit card information 

A breach of this information could result in emotional distress and financial losses. 

Contact us today for information about what could occur if your employer has sent your personal data to the wrong address. 

Ways An Employer Could Have Sent Personal Data To The Wrong Address

A data breach can occur in a number of ways, but not all cases of a data breach will result in a claim. This is because the breach must result from the organisation’s failings in protecting your personal data to make a claim. Some examples of how a personal data breach could occur:

  • Human error: Lack of data protection training or a simple mistake can result in a letter being sent to the wrong address. For example, an employee may write the wrong address on an envelope and fail to check if it is correct before sending it.
  • Outdated records: Your employer must keep up-to-date records. If you inform your employer that your address has changed, but they do not note this, this could result in a letter containing personal data being sent to the wrong address.

Get in touch today to learn more about how a personal data breach can occur and who could be eligible to make a claim.

What Are Wrong Address Data Breaches?

A personal data breach is a security incident that compromises the availability, confidentiality, or integrity of your personal data. When your employer sends a letter containing personal data to the wrong address, this is a wrong address data breach.

For example, this could be a payslip, a disciplinary notice, or information about your pension. These could contain personal and special category data that could cause significant psychological or financial harm should it be compromised.

If your employer sent your personal data to the wrong address, contact our team today.

How Common Are Personal Data Breaches?

The Information Commissioner’s Office (ICO) publishes quarterly statistics relating to data security incident trends.  These statistics reveal that 2,172 data security incidents occurred in Q4 of 2021/22, with 1,696 of these incidents falling into the non-cyber category. In contrast, only 476 of the reported incidents were cyber-related.

To find out more about making a personal data breach claim, contact our team.

Am I Entitled To Seek Compensation? 

If you make a claim against an organisation as a result of a personal data breach, the breach must occur because of an organisation’s failings. You must also be able to prove that the breach compromised your personal data. You can find more information on what personal data is earlier in the article. Finally, you must be able to prove that you suffered harm as a result of the breach, either mentally or financially.

Generally, there is a six-year time limit for starting a claim. However, this falls to one year if you intend to make your claim against a public body. To learn more about the time limits for personal data breach claims, contact our advisors.

What Could I Claim If An Employer Sent Personal Data To The Wrong Address?

Data breach compensation is calculated differently depending on the case. The amount of compensation you could receive will be determined by the type of injury, its severity and the extent of the injury’s impact on your daily life. Also your financial losses and predicted expenditure or losses in the future. 

For compensation, there are two forms of damages you can claim for; these are known as material damage and non-material damage. 

  • Material damage: This aims to address the financial impacts of a data breach. For example, comprised bank details could lead to a damaged credit score or loans taken out in your name.
  • Non-material damage: This aims to address the psychological impacts of a data breach. For example, you may suffer distress, anxiety, depression, or PTSD.

Since Vidal-Hall and Others v Google Inc. [2015], claimants may now pursue non-material damage without claiming material damage at the same time. Previously, non-material damages were only available to those also claiming material damages.

Psychological InjuriesCompensation BracketsDescription
PTSD: Severe£59,860 to £100,670Severe PTSD symptoms that will be significant and permanent.
PTSD: Moderately Severe£23,150 to £59,860Effects or symptoms of PTSD can inhibit daily life for the foreseeable future
PTSD: Moderate£8,180 to £23,150There will have been improvements made and symptoms that continue should not be too disabling.
PTSD: Less Severe£3,950 to £8,180Recovery has been achieved within two years.
Mental Harm: Severe£54,830 to £115,730There is a poor prognosis and the symptoms will impact daily life
Mental Harm: Moderately Severe£19,070 to £54,830There will be significant issues with all aspects of life but it is distinguished from the category above because there is a better prognosis here.
Mental Harm: Moderate£5,860 to £19,070An improvement has been made in the health of the person.
Mental Harm: Less Severe£1,540 to £5,860The award in this category will look at the length of the illness and how sleep and daily life were affected.

The table above features guideline compensation brackets taken from the 16th edition of the Judicial College guidelines (JCG), published in the spring of 2022. These are only guideline figures illustrating what you could receive in terms of non-material damage and not guarantees.

To get a free estimate of the value of your claim, you can get in touch with our team of advisors today.

How To Claim If An Employer Sent Personal Data To The Wrong Address

A No Win No Fee arrangement provides a way for someone to obtain legal representation for a breach of personal data without paying a solicitor upfront for their services. A Conditional Fee Agreement (CFA) also known as a No Win No Fee arrangement.

The solicitors who offer these services don’t require ongoing costs while your claims proceed, and you only pay a legally capped success fee from your compensation. This is only if your claim is successful. You won’t have to pay the fee to your solicitor if your claim is unsuccessful.

If you need help, advice or guidance on your claim.  Our advisors can provide answers and information and clear any confusion you may have about the claims process. 

Contact us today: 

Data Breach Claims Against Your Employer

For more helpful guides:

We’ve also gathered information from many sources, to help develop background information on your rights as a data subject. 

Contact our team for more advice if your employer has sent your personal data to the wrong address.