Has a workplace sickness data breach claim caused you harm, either mentally or financially? If so, then you may be wondering if you can claim compensation.
Workplace sickness data breach claims guide
Under the UK General Data Protection Regulation (UK GDPR), data concerning health counts as special category data. Special category data is a kind of personal data that is sensitive in nature. As such, it needs extra protection.
The UK GDPR and the Data Protection Act 2018 (DPA) are the two main pieces of legislation in place to protect the personal data of UK residents. In this article, we will explain how this legislation protects special category data, and how it defines who is eligible to make a personal data breach claim.
If you have more questions about making a workplace sickness data breach claim, our advisors can help. Not only can they provide free legal advice, but they can also tell you if your claim is valid, and they can put you in contact with one of our solicitors. To learn more:
- Call us on 0800 073 8801
- Use our online claims form to contact us
- Or enter your question for us into the Live Support widget
Select A Section
- What Is A Workplace Sickness Data Breach?
- What Information Could A Workplace Sickness Data Breach Compromise?
- Check You Are In The Time Limit
- How To Claim For A Workplace Sickness Data Breach
- What Could You Claim For A Workplace Sickness Data Breach?
- Can You Make A No Win No Fee Claim?
What Is A Workplace Sickness Data Breach?
A workplace sickness data breach is a security incident compromising your personal or sensitive data’s confidentiality, integrity, or availability. As mentioned earlier in this article, special category data is a kind of personal data that is sensitive in nature.
Personal data is any information that could identify you. For example, your full name is personal data, as is your email address, phone number, or postal address. But, not every personal data breach can result in a successful claim.
According to the UK GDPR, there are specific criteria that claims must meet to be valid. These criteria include:
- Your personal data has to be affected by the breach
- The breach has to cause you harm, either financially or mentally
- Wrongful conduct on the part of the data controller or processor has to be the cause of the data breach
A data controller decides how and why they intend to use your personal data, and they are responsible for establishing a lawful basis. A data processor then follows the controller’s instructions and processes the personal data.
To learn more about who can make a workplace sickness data breach claim, get in touch with our team of advisors today.
What Information Could A Workplace Sickness Data Breach Compromise?
A workplace sickness data breach could compromise both your personal data and your special category data. Special category data that your employer may collect in regard to workplace sickness can include:
- Health data
- Data concerning your sex life or sexual orientation
- Genetic data
- Data concerning your racial or ethnic origin
For example, your employer may collect and process information surrounding your medical conditions, illnesses, medical records, or notes from your GP surgery. These would all be protected as special category data. Further examples of sickness information your employer could collect could involve:
- Medical test results
- Doctor’s notes
- Psychiatric evaluations
- Prescriptions
- Appointment times
If you have suffered harm as a result of a workplace sickness data breach, contact our advisors today.
Check You Are In The Time Limit
Along with the criteria set out by the UK GDPR, there are other limitations you should check before you start your claim. These include time limits. The time limit for making a personal data breach claim can vary, depending on who you intend to claim against.
Generally, you will have six years to begin a personal data breach claim. However, if you would like to claim against a public body, then this will fall to one year.
However, even if you fall outside of this time limit, there are some exceptions. Get in touch with our advisors to find out if your personal data breach claim falls within the relevant time limit.
How To Claim For A Workplace Sickness Data Breach
The Information Commissioner’s Office (ICO) is responsible for upholding data protection law. Moreover, the ICO has the power to investigate and fine organisations that engage in wrongful conduct. If your employer suffers a data breach that compromises your rights or freedoms, they must report the breach to the ICO within 72 hours. Following this, they have to make you aware of the breach without undue delay.
If you believe you have discovered a workplace sickness data breach, you can complaint to your employer directly. They may then take steps to correct the breach, as well as provide further information to you and those affected.
If you do not receive a satisfactory response, you can who may investigate the breach. However, you must wait no longer than three months since your last communication with the organisation to do so.
You may also wish to seek legal advice following a breach. Our advisors can offer free legal advice and more help when you get in touch today.
What Could You Claim For A Workplace Sickness Data Breach?
A successful personal data breach claimant could receive non-material and material damage. Material damage addresses the financial harm you suffer due to the breach. For example, if you suffer psychiatric harm as a result of a breach, then you may need to take time away from work to recover. This could result in a loss of earnings, which could be claimed back as material damage.
Non-material damage is the area of compensation that addresses the psychological injuries you experience as a result of the breach. For example, if you suffer distress because of a data breach, or from anxiety due to a breach, this would be covered under non-material damage.
The Judicial College Guidelines (JCG) is a document often used by solicitors in order to help them value claims. This is because it provides guideline compensation brackets for a number of injuries and illnesses. The table below uses these figures to showcase guideline non-material damage amounts.
| Injury | Guideline Bracket | Notes |
|---|---|---|
| Psychiatric Harm – Severe | £54,830 to £115,730 | A poor prognosis will have been given. The ability to cope with aspects of life such as the ability to work, study or maintain relationships have been impacted severely. |
| Psychiatric Harm – Moderately Severe | £19,070 to £54,830 | Symptoms in this bracket are similar to the bracket above, though the prognosis is more optimistic. |
| Psychiatric Harm – Moderate | £5,860 to £19,070 | There is a marked improvement seen in symptoms by the time the case goes to trial. |
| Psychiatric Harm – Less Severe | £1,540 to £5,860 | This brackets considers the duration of suffering and its impact on daily activities. |
| PTSD – Severe | £59,860 to £100,670 | Permanent symptoms of a severe nature prevent the claimant from functioning or working at the pre-trauma level. |
| PTSD – Moderately Severe | £23,150 to £59,860 | There is a better prognosis than above due to the chance of some recovery with professional help. |
| PTSD – Moderate | £8,180 to £23,150 | A large recovery occurs, and any remaining symptoms are not grossly-disabling. |
| PTSD – Less Severe | £3,950 to £8,180 | A virtually full recovery is achieved within 1 – 2 years, and only minor symptoms persist. |
Please note however that these amounts are not guarantees, they are only guidelines. To learn more, contact our advisors.
Can You Make A No Win No Fee Claim?
If you would like to make a personal data breach claim, you may be wondering how legal representation could help you and your case. Our No Win No Fee solicitors could provide representation for your claim under a Conditional Fee Agreement (CFA). When you hire a solicitor under a CFA, you usually do not need to pay any ongoing or upfront fees to them.
Successful claimants will have a success fee taken from their compensation as a legally capped percentage. However, claimants who are unsuccessful generally do not pay any fees to their solicitors for their services.
To learn more about how one of our solicitors could help you make a workplace sickness data breach claim, get in touch today:
- Call us on 0800 073 8801
- Use our online claims form to contact us
- Or enter your question for us into the live support widget
Related Data Breach Claims
For more articles about personal data breach claims:
- What Are My Rights After A School Data Breach?
- What Are My Rights After A Mortgage Provider Data Breach?
- If A University Breaches My Data, What Are My Rights
Or, for more helpful resources:
Get in touch with our advisors to start your workplace sickness data breach claim.
Guide by HC
Edited by CH
