Data Breach Claims Against Employer

Employee Data Breach Claims Against The Home Office

Our Guide To Protecting Employees Data In The Workplace

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Are you a Home Office employee who has experienced a Home Office data breach? This guide explores what could justify employee data breach claims against the Home Office. Continue reading our guide to learn more.

personal information privacyThe Home Office is a ministerial government department. The Home Secretary is head of the Home Office. The department’s three key areas of responsibility are immigration, national security and law and order. Therefore the Home Office is involved in the following areas:

  • Managing asylum claims
  • Counterterrorism
  • Issuing visas

Employers are responsible for safeguarding employees’ personal data if they process or hold it. So what happens if an employer data breach takes place? They could be liable for the financial or psychological harm that the data breach causes employees. As a result, the employees may be eligible to claim data breach compensation.

Learn More About Employee Data Breaches

Do you wish to learn more about making a data breach claim against your employer? Then contact us. We will be happy to answer any questions you may have about your rights after a data breach. You can also use our live chat or call us.

Alternatively, click the banner below to contact Legal Expert if you would like to see if you could begin a claim.

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What Is An Employee GDPR Data Breach Claim Against The Home Office?

Employers are often also data controllers. This means they decide how and why personal data is processed. They may do this, for example, to ensure you’re paid correctly, or to keep track of progression at work.

As an employee, you would be a data subject. This means your personal information is processed. Data controllers may also use data processors to help them process data. Data processors are usually a separate organisation or agency.

These data controllers and processors have a responsibility to protect personal information. This could include taking measures to avoid data breaches. A data breach happens when a security incident leads to the unlawful or accidental loss, disclosure, destruction, access or alteration of personal data.

You may be able to claim compensation from your employer if they have breached your personal data privacy and it caused you mental or financial harm. You may even choose to use the services of a data breach solicitor to claim. The solicitor could handle your case on a No Win No Fee basis.

Data Breach Claim Time Limits

There is normally a time limit of six years to claim compensation for a data breach. Its starts from the date you obtained knowledge of the breach. However, the time limit will be one year if the data breach violated human rights. We recommend you begin your claim as soon as you reasonably can, to avoid falling outside of the time limit.

What Is GDPR?

All organisations in the United Kingdom that process personal information should comply with the General Data Protection Regulation. The GDPR is EU legislation that protects the public’s data privacy and security rights. In the United Kingdom, the Data Protection Act 2018 enacts the GDPR into our laws.

Employers should do the following to comply with the GDPR:

  • Tell data subjects (including employees) why and how they’ll use the personal data it collects, processes and stores.
  • Ensure there are security measures to safeguard personal data. For example, employers should train their staff on how to manage personal data effectively. And they should have an adequate computer security system.

Also, under the GDPR, personal data breach victims are entitled to claim data breach compensation. However, they have to prove that they suffered psychologically or financially.

Does The GDPR Protect Home Office Employees?

Employers such as the Home Office may collect employees’ personal data for operational purposes. These employees would then be data subjects. Therefore, the GDPR would uphold the individual rights of employees in terms of data privacy.

Under the GDPR, the following data protection methods could be used:

  • Firstly, the Home Office can only collect personal data if their employees have permitted them to do so.
  • Secondly, they should be transparent about the reason why they are collecting personal data. They cannot use the data for another reason.
  • Moreover, they should keep personal information up-to-date.
  • And finally, they cannot share an employee’s personal data with a third party. That is unless the employee has given them permission to do so or there is another lawful reason.

Not all employee data breach claims against the Home Office are valid. To understand what justifications you might need, continue reading.

Seven Key GDPR Principles

There are seven key principles of the GDPR, which uphold its core values. Below is an explanation of what these principles are and how employers should uphold them.

  1. Lawfulness, fairness and transparency: Firstly, employers should inform their data subjects of how they will use their data. What’s more, they should follow all relevant data protection laws when they process the data.
  2. Purpose limitation: When they collect personal data, they cannot process it for any reason other than the one stated. That is unless they have a lawful reason to share it without permission.
  3. Data minimisation: They should only collect the personal data that they need.
  4. Accuracy: They should keep personal data up-to-date. What’s more, the data they process should be accurate.
  5. Storage limitation: They should delete personal data when they no longer need it.
  6. Integrity and confidentiality (security): They should have a strong network security system to protect the personal data it stores or processes digitally.
  7. Accountability: They should be able to prove that they comply with the GDPR.

Types Of Information That The GDPR Covers

The General Data Protection Regulation protects employee personal data. Employers need to collect personal data on their employees for business purposes. In addition, employers may record job-specific information, such as job title and performance review results.

Here are some examples of the sort of data an employer may hold about employees:

  • Name
  • Email address
  • Home Address
  • Phone numbers
  • Date of birth
  • Racial or ethnic origin
  • Political opinions
  • Religious or philosophical beliefs
  • Trade union membership
  • Physical or mental health information
  • Sexual orientation
  • Biometrics (if used for identification purposes)

Employee data breaches can be a gross invasion of the employee’s privacy. What’s more, a worker may experience discrimination if information about their protected characteristics is breached. (Protected characteristics include gender, religious beliefs and sexual orientation.)

In addition, criminals may use the breached personal data to target employees for identity theft and fraud.

What Is A Breach Of The GDPR At Work?

What is an employer data breach?

An employer data breach is when a security incident happens at an organisation, which affects the employee’s personal information unlawfully.

Why do data breaches happen?

An employee can make an error that grants unauthorised persons access to personal data. Alternatively, employee personal data can be lost or stolen. Or employee personal data can be destroyed, altered or encrypted without the employee’s authorisation. This can all be due to human error.

Sadly, a personal data breach can also happen if cybercriminals attack the organisation. The criminals may use ransomware or another type of malicious software to access staff personal records. The criminals may hold the stolen data to ransom or use it for fraudulent purposes, for example.

Ways In Which The Home Office Could Breach Data Privacy

A potential data breach by the Home Office took place in 2019. The incident took place after the Home Office accidentally shared personal data belonging to 240 people. The individuals were EU citizens who were applying for settled status in the UK after Brexit. Their personal email addresses were shared.

Source URL: www.independent.co.uk/news/uk/politics/brexit-data-breach-home-office-eu-citizens-settled-status-leak-a8864696.html

Do Employers Have To Obtain Consent To Share Your Data?

Sharing employee data without consent is considered a data breach under the GDPR. However, employers sometimes have a lawful basis for sharing personal data without the data subject’s permission:

  1. Legitimate interests. The employer may use it for legitimate interests relating to business.
  2. Vital interests. This is when the employer believes that they need to share the information because the employee’s life is at risk.
  3. Contract. They may need to use it in order to fulfil a contract you have with them.
  4. Legal obligation. This is where the employer is required by law to share an employee’s personal data.
  5. Public task. This is where personal data is shared as it’s in the public interest.

Do you have any questions about our guide to employee data breach claims against the Home Office? Click the banner below for assistance.

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What Should An Employer Do After An Employee Data Breach At Work?

The employer should do the following if an employee data breach takes place:

  • To begin, they should tell of the employee information data breach to the ICO if the freedoms and rights of data subjects are being risked. This should happen within 72 hours of knowledge of the breach taking place.
  • And after that, they should notify the victims who’ve potentially had their freedoms and rights risked without undue delay. Data breach notification letters or emails can be used as evidence to support employee data breach claims.

What Role Does The Information Commissioner’s Office Have?

The Information Commissioner’s Office (ICO) plays a vital role in enforcing the data privacy rights of the public. The Information Commissioner’s Office (ICO) is a public body in the UK. The ICO sees that data protection laws in the UK are upheld, including the GDPR (enacted into UK law through the Data Protection Act 2018).

What’s more, the Information Commissioner’s Office can conduct an investigation if a breach takes place at an organisation. And the ICO is also able to fine organisations for breaches of data privacy laws.

However, they can’t issue compensation to individuals for the psychological and financial harm they suffer after a data breach. This can be done through a personal data breach claim

Guidelines Protecting Employees’ Data Privacy

The GDPR states that employers should protect their employees’ personal data. Does the term “employees” just refer to full-time, permanent members of staff? No. Anyone whose data is processed by an employer is a data subject. Therefore, the employee should protect their data privacy. This includes:

  • Part-time workers
  • Agency, contract and casual workers
  • People who have applied for a job
  • Interns and volunteer workers

The ICO employment practices code also offers further information for employers regarding personal data protection. 

How To Report Data Breaches In The Workplace

Should you go to the ICO immediately if you believe that your employer has breached your personal data privacy? Before involving the Information Commissioner’s Office, please try to resolve the matter internally with your employer.

You can write to your employer about the data breach and raise your concerns. Your employer may have already reported the data breach to the ICO. Please try escalating the complaint, if you don’t think your employer is taking the matter seriously.

The ICO recommend that you report an employee data breach of the GDPR to them, but only within 3 months of your last meaningful communication with your employer on the matter.

Compensation Calculator For Employee Data Breach Claims Against The Home Office

Have you been affected psychologically or financially by a data breach by the Home Office? Then you may be owed compensation for your suffering. You can use the data breach compensation table below to estimate how much money your claim could be worth.

Please be aware the table does not include material damages that you could be owed. This is compensation to reimburse you for the financial loss incurred because of the data breach.

But the table does include non-material damages data breach compensation parameters. Non-material damages are compensation for psychiatric injuries you experience because of the data breach.

We created the compensation table below using the Judicial College Guidelines. These guidelines can help solicitors to value conditions and injuries.

Psycological Injury And SeveritySettlement BracketAbout This Injury And Level
Severe Post-Traumatic Stress Disorder£56,180 to £94,470Victims may be left with permanent PTSD symptoms and their effects.
Moderately Severe Post-Traumatic Stress Disorder£21,730 to £56,180This claimant should have a better future prognosis.
Less Severe - Psychiatric InjuryUp to £5,500Compensation is based on factors such as how long symptoms have affected a claimant.
Moderate - Psychiatric Injury£5,500 to £17,900Again, this claimant should have a better outlook for recovery than above and they may already have started recovering.
Moderately Severe - Psychiatric Injury£17,900 to £51,460Claimants could be experiencing the same issues as above. This could be to a lesser degree and/or with a better recovery prognosis.
Severe Psychiatric Injury£51,460 to £108,620The prognosis is generally poor. Settlements are based on factors such as if the person can cope with aspects of everyday life such as relationships, education or work.

How are data breach compensation payouts calculated?

You would need to attend a medical assessment as part of your claim. An independent medical professional would check your symptoms and create a report. The report could be used to prove that the personal data breach caused or worsened your injuries. You might also use the report to evidence the severity of your condition and value it.

How much compensation you could receive may vary, depending on your personal circumstances. You can contact an advisor who could estimate how much you might claim.

No Win No Fee Employee Data Breach Claims Against The Home Office

You may wish to use a No Win No Fee solicitor to claim compensation. Under a No Win No Fee agreement, you don’t have to worry about finding the funds to pay your solicitor their fees upfront.

That’s because your solicitor will start working on your case without charging you upfront or hourly solicitor fees. Instead, you will sign a Conditional Fee Agreement (the formal term for No Win No Fee agreement). This states that you will pay a success fee in the event the claim wins.

What’s more, the success fee is taken from the award at a lawfully capped rate. This would be a small percentage.

And, if the claim doesn’t win, you don’t have to pay solicitor fees. To find out more about No Win No Fee, get in touch.

Contact Us Today

Do you wish to know more about employee data breach claims against the Home Office? Why not contact us? Or you can use our chat widget to ask us a question online.

Alternatively, you can click on the banner below and contact Legal Expert.

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Supporting Resources

We have included more resources below, so you can learn more about your workplace rights.

Data Breach Claims Against An Employer

Finding Employment After Redundancy

A Guide To An Apprenticeship

External Information

A guide to the rights of data subjects under the GDPR.

An online guide to raising concerns about a data privacy breach from the ICO.

The Home Office personal information charter.

FAQs On Breaches Of The GDPR In The Workplace

We will now answer some frequently asked questions about data breach claims.

What data could my employer hold on me?

Your employer may only hold personal data on you that is relevant to your role within the organisation. For example, this could include your name, address, contact details and work specific data such as your job title.

Can I ask to be forgotten?

Yes. The GDPR grants data subjects the right to be forgotten, in certain circumstances. This ICO guide on the right to get your data deleted has more information.

Can I see the data my employer holds about me?

Yes. The GDPR also allows data subjects the right to be informed of how their personal data will be used and to access it (or copies of it) when they request to.

Thank you for reading our guide exploring the justifications you might need to make employee data breach claims against the Home Office.

Guide by CHE

Edited by VIC

Employee Data Breach Claims Against The DfT

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Rights To Data Protection In The Workplace

This guide about employee data breach claims against the DfT aims to give information to help.

The Department for Transport (DfT) is a government department. The DfT is responsible for helping local authorities with their road network in England. Moreover, the DfT is also responsible for rail infrastructure in England and Wales.

When collecting or processing personal data, the Dft has to abide by the General Data Protection Regulation (GDPR). This EU legislation was enshrined in UK law through the Data Protection Act 2018.

Have you been affected financially or mentally by a government data protection breach? Our advisors give free legal advice about the steps you could take if you’ve experienced a data protection breach by your employer. They can also help if you were not an employee but suffered due to a personal data breach.

To seek help from an advisor, please contact our support service. Or use Live Support to ask us a question directly.

However, if you are ready to claim data breach compensation, we can help. Click the banner that’s below to contact Legal Expert.

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What Are Employee Data Breach Claims Against The DfT?

The DfT is an employer in the UK. As an employer, they may have to process personal information regularly. Therefore, under the GDPR, they have a duty of care towards the personal data they collect from their employees. So, if DfT employees experience a personal data breach by their employer, they have the right to claim compensation.

However, in order to do so, they’d need to prove that they suffered financial loss or psychological harm, or both.

Please be aware that there is a six-year time limit for starting data breach claims. This begins from when you gained knowledge of the personal data breach. However, there is a one-year time limit if the data breach involved a human rights violation.

Do you hold evidence of a justifiable data breach compensation claim? Then contact Legal Expert by clicking on the banner placed throughout this guide.

What Is The GDPR?

The General Data Protection Regulation is EU data protection legislation. The purpose of the GDPR is to protect the public’s data privacy and data security rights. The Data Protection Act 2018 enacts the GDPR into the laws of the United Kingdom.

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Under the General Data Protection Regulation, organisations have a duty of care to protect the personal information they collect from the public. This includes data that an organisation has collected from its employees.

In order to protect personal data, the organisation could have an adequate cybersecurity system in place. What’s more, they could instruct their staff to protect personal data. This could help prevent data breaches from occurring due to human error.

Under the GDPR, you have the right to claim compensation if an organisation breaks your personal data privacy and you suffer psychologically or financially as a result. For example, you can claim employer data breach compensation if your employer breached your personal data privacy.

How The GDPR Protects Department For Transport Employees

The GDPR refers to individuals whose data is collected by an organisation as “data subjects”. These individuals can be employees, customers, research subjects, or anyone else the organisation has a relationship with. The Department for Transport has to abide by the rules of the General Data Protection Regulation. Therefore the GDPR protects Department for Transport employees’ personal information.

When the DfT collects personal data from their employees, they should do the following to comply with the GDPR:

  • Firstly, they should only get personal data from employees if they have given them permission to do so. The employee may have to tick a box or give verbal consent to say they consent to have their data collected.
  • Secondly, they should explain why the data is being collected. And consequently, they cannot use the personal data for another purpose. (However, there are certain circumstances where they can share your data without your consent.)
  • What’s more, they should keep personal information up to date where possible. For example, if an employee advises the employer that they’ve changed address, the DfT should update their employee records.

Have you experienced a breach of the Data Protection Act by your employer? Then you may be eligible to claim compensation if you suffered mental harm or financial loss (or both). Continue reading this guide to learn more.

The Main Data Protection Principles

There are 7 core principles of the General Data Protection Regulation. Let’s look at what the core principles of the GDPR are and how they can be applied:

  1. Accountability. When the Information Commissioner’s Office asks employers that process personal data to prove that they have complied with the GDPR, they should be able to provide evidence.
  2. Integrity and confidentiality (security). They should have adequate security systems in place to protect the personal data they collect. To protect the privacy of data subjects, anonymisation techniques could be used.
  3. Storage limitation. They should delete personal data that they no longer need.
  4. Data minimisation. They should not collect data that they don’t need.
  5. Purpose limitation. Employers should only use personal data for the purpose it was collected for, unless there is a lawful exception.
  6. Lawfulness, fairness and transparency. When processing data, the DfT should inform data subjects of how their personal data will be used. What’s more, they should process this data lawfully.
  7. Accuracy. They should keep the personal data they collect up to date.

What Normal And Special Categories Of Data Does The GDPR Protect?

Personal data is defined as information that can identify (or be used with other information to identify) a specific individual. The General Data Protection Regulation protects all types of personal data that an organisation may collect.

An organisation may collect information that identifies an individual such as their name, date of birth and contact details.

Furthermore, an organisation may collect information about their employees’ protected characteristics, such as their race and gender. These are known as special categories.

An organisation may also collect job-specific information about its employees. This includes the employee’s job title, place of work, performance reviews and salary information.

What are the consequences of a data protection breach by an employer? The employee may be targeted by fraudsters and suffer a financial loss as a result. A data breach can also be a gross violation of an employee’s privacy, which can lead to the employee suffering emotional distress.

This guide aims to give information about employee data breach claims against the DfT to help you. If you have unanswered questions, reach out.

Breaches Of GDPR Rules By An Employer

What is a personal data breach by your employer? A data breach begins with a security incident. This leads to personal information being disclosed, lost, altered, accessed or destroyed without authorisation or unlawfully. A potential employee data breach at the Department for Transport would involve personal data belonging to its employees.

A data breach can happen if employee data is, for example:

  • Lost or stolen.
  • Encrypted or altered without authorisation.
  • Leaked or exposed without authorisation.

Personal data breaches can be accidental or deliberate. For example, they might happen due to human error or due to cybercriminal activity.

What Could My Employer Have Done To Breach The GDPR?

How could a data breach at the Department for Transport happen?

Unfortunately, cybercriminals or people with malicious intentions are sometimes responsible for personal data breaches. Insider threat is one example. This is when an individual that has affiliations with the organisation intentionally leaks personal data to the public or a third party. They may do so for financial gain or for other reasons. Employers could provide the appropriate security measures and staff training to avoid this.

Employers could also fall victim to a cyber attack. For example, criminals may carry out a ransomware attack. Ransomware is a type of malware that can be used to steal or block an organisation’s access to personal information unless a ransom is paid. Employers could prevent this by providing good security.

Unfortunately, a breach of an employee’s personal data privacy can be caused by human error. For example, a letter containing an employee’s personal information may be sent to the wrong address. If the recipient isn’t authorised to access this information but they do anyway, it would be a data breach. This is because the employee’s data will be shared with an unauthorised third party.

Similarly, it could be considered a data breach if an employer publishes a document containing personal information online. That is, providing the data subjects haven’t consented to it.

This guide on the potentialities of data breach claims against the DfT aims to give you answers. To discuss data breach compensation, get in touch.

Can Your Employer Share Your Data Without Your Consent?

Employers should not share their employees’ personal data without their consent. There are lawful exceptions to this rule.

  • Firstly when vital interests are at stake. This means that the employer shares an employee’s personal data because they believe an employee’s life is at risk. For example, a manager might share personal information with a paramedic about an employee who has collapsed at work.
  • Secondly, if an employer has a legal obligation to share personal data, they can do so without the employee’s consent. For example, the employer can share information about the employee’s salary with HMRC.
  • Thirdly, if the employer has a contract that can only be fulfilled if they use personal information, they can do so.
  • If the employer has to perform a public task that’s in the public interest, they can process personal data without consent.
  • They may also process data for legitimate interests in relation to business.

If your employer shared your personal information without consent or unlawfully, they might have committed a data breach.

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Dealing with Breaches Of Security And GDPR

In this section of our guide exploring employee data breach claims against the DfT, we look at what happens after data breaches occur.

Employers should avoid data security breaches at all costs. However, if a data breach does take place, the employer should take action.

  • Firstly, they could inform the Information Commissioner’s Office that the data breach has taken place. They would only have to action this if it risks the freedoms and rights of data subjects. They would have 72 hours to inform the ICO.
  • Secondly, if data subjects’ freedoms  and rights are impacted, they should be sent notifications from the employer.
  • And finally, the employer should conduct its own internal investigation, regardless of whether rights and freedoms are at risk or not. The investigation should determine how the data breach took place and, consequently, what actions the employer should take.

What Is The ICO?

The Information Commissioner’s Office (ICO) is the public body that upholds personal data security as well as data privacy rights. The ICO can enforce data protection laws in the UK such as the Data Protection Act 2018.

How does the ICO enforce the GDPR?

The Information Commissioner’s Office can issue fines to organisations that breach the GDPR. They can also investigate and work with organisations to make changes to their data protection processes.

Should you report a breach of the Data Protection Act by your employer to the ICO?

If you believe that there has been an employee information data breach at your place of work, we recommend that you first make a formal complaint to your employer. If you are dissatisfied with the reply you get, you can escalate your complaint. After you have exhausted all channels of communication, you could report your concerns via the ICO.

Nevertheless, the ICO recommends you complain to them within three months of the final response from your employer. If you contact them after this time period, it could affect what action they take.

Remember, you don’t need to complain to the ICO in order to make a data breach compensation claim.

Guidelines On Managing Employee Data Privacy

The GDPR states that employers that process personal information should uphold the data protection rights of its employees. They should also protect the personal data of other data subjects. This could include:

  • Job applicants (whether successful or not)
  • Full time, permanent staff
  • Part-time, permanent staff
  • Contract workers
  • Agency workers
  • Casual workers
  • People taking part in internships.

Have you been affected financially or psychologically by a UK government data protection breach? Then you may be eligible to claim compensation. Contact us today for free legal advice about claiming compensation.

Calculate Compensation For Employee Data Breach Claims Against The DfT

What happens if there is evidence to back up valid employee data breach claims against the DfT? You may be wondering if you are eligible to claim compensation. If you are able to, it would be for financial loss, mental harm or both.

In the case of Vidal-Hall and others v Google Inc [2015],  the Court of Appeal stated that you are eligible to claim compensation for the psychological fallout of a data breach under the following circumstances:

  • That you have suffered emotional distress as a result of the personal data breach.
  • The compensation is calculated as it would be under personal injury law.

Below, we have a compensation table that you could use to estimate compensation for non-material damages. This is compensation for any psychological injuries or emotional distress that you have suffered.

The table does not include any material damages you could claim. Material damages are compensation to reimburse you for any financial losses you have experienced because of the data breach.

Psychological Injury TypeLevelCompensationComments On The Injury
Psychiatric InjurySevere£51,460 to £108,620Psychiatric injury compensation involves the following: the person's ability to continue with their relationships, education or life as before.

Patients at this level may have a poor outlook regarding recovery.
Psychiatric InjuryModerately Severe£17,900 to £51,460This claimant should have a better future outlook.
Psychiatric InjuryModerate£5,500 to £17,900Whilst still experiencing issues in the same areas of life, the claimant should have a better prospect of recovery than the above.
Psychiatric InjuryLess SevereUp to £5,500Any compensation awarded may be based on the duration of symptoms and the severity of their effects.
Post-Traumatic Stress DisorderSevere£56,180 to £94,470The person affected by PTSD could suffer long-term or permanent symptoms and effects.
Post-Traumatic Stress DisorderModerately Severe£21,730 to £56,180Claimants with moderately severe degrees of PTSD should have better prognosis for recovery.

The compensation amounts in the table above are based on guidelines from the Judicial College. These guidelines may be used by solicitors to help them when valuing injuries.

The figures above should be a good indication of what amount of compensation you could claim. However, for a personalised quote, reach out to us. An advisor can estimate how much you could claim accurately.

Make A No Win No Fee Employee Data Breach Claim Against The DfT

You may have heard the term No Win No Fee. A No Win No Fee agreement is a method of funding the services of a solicitor. It means that you will pay a success fee if you win your data breach claim. However, if your claim is not successful, you will not have to pay any solicitor fees.

Why Do Some People Prefer To Make A No Win No Fee Claim?

  • In the unlikely outcome that you do not win your claim, you will not have to pay solicitor fees.
  • For many, it is the more affordable option when funding a solicitor. There is not an upfront legal fee to pay.
  • Instead, the success fee is deducted from the employer data breach compensation payout. The success fee’s legally capped to a smaller percentage.

Do you wish to know more about data protection governance and No Win No Fee? Or do you need free legal advice about claiming compensation for a breach of your personal data privacy? Then please contact us. Alternatively, click on the banner below.

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Related Services

We hope you have found this guide regarding the concept of employee data breach claims against the DfT helpful. You may also be interested in these guides about your employee rights in the UK:

Employee Data Breach Claims Against Your Employer

A Guide: Apprenticeship

Looking For A New Career

External Information

Data Protection Time Limits: An ICO guide on how long companies have to respond to a data protection rights request.

Be Data-Aware: A guide to how organisations may use your personal data, from the ICO.

An ICO guide on your right to limit how organisations use your data.

FAQs On Employee Data Protection Rights

We will now answer some frequently asked questions about protecting employee data.

How long does the GDPR allow employee data to be kept?

The GDPR requires employers to not keep personal data when they no longer have a use for it.

Is salary information protected by data privacy laws?

Salary information is personal data. Organisations should keep employees’ salary information private. However, there may sometimes be a lawful basis for sharing information about employees’ salaries, such as providing salary information to HMRC.

How long does HR have to keep employee records?

HR departments should delete employee records when they’re no longer of use in regards to the reason the personal information was collected in the first place.

What is data protection in the workplace?

Data protection in the workplace involves the safeguarding of the employees’ data. Employers can protect employees’ data by adhering to data protection laws.

Thank you for reading our guide to employee data breach claims against the DfT.

Guide by CHE

Edited by VIC