Employer Sent Personal Info To The Wrong Address – Can I Claim?
By Stephen Hudson. Last Updated 5th July 2023. This guide examines the steps you could take if your employer sent your personal information to the wrong address.
We examine the legislation in place to protect your personal data. Additionally, we look at how the legislation defines a personal data breach. We also explore examples of how your personal data could be compromised and ways in which organisations can prevent a personal data breach.
Employer sent personal information to the wrong address claims guide
We also explore the steps you can take if a personal data breach compromises your data. Additionally, we examine compensation criteria eligibility and explore data breach compensation and how it is awarded.
To conclude this guide, we explain how No Win No Fee agreements work, and how one of our expert solicitors could help you make your claim.
To get in touch:
- Start your claim online
- Use the live chat
- Call 0800 073 8804
Select A Section
- What Is A Wrong Address Data Breach?
- How Could Your Employer Cause A Data Breach?
- What Personal Information Could Be Sent To The Wrong Address?
- Could I Claim Compensation From My Employer?
- What Could I Claim Following A Data Breach By My Employer?
- Claiming For A Data Breach With A No Win No Fee Solicitor
What Is A Wrong Address Data Breach?
Two key pieces of legislation protect personal data of UK citizens. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). This legislation gives data subjects rights over the processing of their data. It also holds data controllers and processors responsible if a breach occurs due to their failure to comply with the legislation.
The UK GDPR defines a data breach as a security incident that compromises the integrity, availability, or confidentiality of your personal data. Any information that could identify you is known as personal data. For example, your name or postal address.
Letters from your employer could contain personal data such as your name, phone number or employment status. If this arrives at the wrong address, this could be a personal data breach.
You can talk to our data breach claims team 24 hours a day, 7 days a week for any questions you might have.
How Could Your Employer Cause A Data Breach?
Letters could potentially be sent to the wrong person for different reasons. For example, human error could result in a personal data breach. Organisations can reduce the risk of a human error data breach if they provide their staff with data protection training.
As a data controller, your employer must ensure the records they keep are up to date. If you move and inform your employer of your new address and they do not update this information, a letter containing your personal data could be sent to the wrong address.
Staff with data access could also be trained to check the address before posting personal data. Training could extend to email addresses to avoid sharing an email address with unauthorised parties. Or sending personal information to the wrong person.
Our data breach claims team can discuss your next steps if your employer sent personal information to the wrong address.
What Personal Information Could Be Sent To The Wrong Address?
You might be wondering what kind of personal information could be sent to the wrong address by your employer. Personal data, which is identifying data, could be included in a letter sent to the wrong address.
Personal data includes:
- Name
- Address
- Email address
- Phone number
- National insurance number
- Sort code and bank account number.
Special category data is a type of personal data. Due to its sensitive nature, special category data requires extra protection under data protection law. This includes:
- Religious or political beliefs
- Race or ethnic origin
- Trade union membership
- Health records.
Contact our team of advisors to learn more about personal data breaches and how they could affect you.
Could I Claim Compensation From My Employer?
If an organisation is involved in a data breach they must inform you without undue delay if the compromise of this data could infringe on your rights. Furthermore, they must also inform the ICO of the breach within 72 hours.
If you have reason to suspect there has been a personal data breach, firstly, you should notify the organisation. The next step could be to inform the ICO if you are unsatisfied with the response or the organisation does not reply. The ICO cannot provide compensation, but they may open an investigation into the breach.
Article 82 of the UK GDPR sets out personal data breach claim eligibility. You must be able to:
- Prove the data controller did not comply with data protection legislation, resulting in a personal data breach
- Provide evidence that your personal data was compromised in the breach.
- Supply proof that you suffered harm due to the breach. This could be financially or mentally, such as experiencing post traumatic stress disorder (PTSD).
Time Limit For Claiming For A Data Breach
In addition to ensuring you meet the eligibility criteria for making a data breach claim against your employer, you need to ensure you have enough time to start your case. There is usually a time limit applied to starting an employer data breach claim and the amount of time you’ll have will depend on the type of organisation your claim is against. Usually, following a data breach, you’ll need to start your claim within one year if it’s against a public body. Alternatively, you will have six years to begin legal proceedings.
You can contact us online or on the phone today if you would like to speak to an advisor about your eligibility to claim employer data breach compensation.
Following a personal data breach, you might want to seek legal advice. A No Win No Fee solicitor could help you gather evidence to strengthen your claim. Contact our advisors today to learn more about how one of our solicitors could help you.
What Could I Claim Following A Data Breach By My Employer?
Data breach compensation consists of two heads: material damages, and non-material damages.
- Material damages: These address the financial harm you suffered as a result of a personal data breach. For example, damage to your credit score or purchases made on your credit card.
- Non-material damages: These address any psychological harm you suffered. For example, a personal data breach may cause stress, anxiety, or depression.
The Vidal-Hall and others v. Google Inc. (2015) Court of Appeal ruling changed how you can claim data breach compensation. Prior to this ruling, you could only claim for non-material damages in conjunction with material damages. Now, claims can be made for non-material damages alone.
To help assign value to your mental injury, legal professionals may use the Judicial College Guidelines (JCG). It contains a list of injuries, including psychological damages, alongside compensation brackets. In the table below, we’ve included examples of figures given for mental health injuries from the 16th edition, released in April 2022.
| Injury | Severity | Potential Compensation | Notes |
|---|---|---|---|
| PTSD | Severe (a) | £59,860 – £100,670 | Functioning at the same level as before the trauma will not be possible. This is permanent. |
| PTSD | Moderately severe (b) | £23,150 – £59,860 | A significant disability occurs but with some professional assistance, the claimant may make some recovery, however the symptoms will last into the foreseeable future. |
| PTSD | Moderate (c) | £8,180 – £23,150 | A recovery has largely taken place, however, the claimant may still experience some symptoms which are not grossly disabling. |
| PTSD | Less severe (d) | £3,950 – £8,180 | A virtual full recovery happens, although some minor symptoms may remain past 1-2 years. |
| Mental harm | Severe (a) | £54,830 – £115,730 | The ability to cope with life and relationships is severely impacted with a very poor prognosis. |
| Mental harm | Moderately severe (b) | £19,070 – £54,830 | This injury causing significant problems in life and with relationships but the prognosis is more optimistic than seen in severe mental harm. |
| Mental harm | Moderate (c) | £5,860 – £19,070 | Problems coping in life and with relationships occur, but improvements in the claimant’s mental state have occurred and the prognosis is good. |
| Mental harm | Less severe (d) | £1,540 – £5,860 | A period of disability occurs. This impacts day-to-day activities and sleep. |
These figures are guidelines, and the actual amount you could receive may vary. Contact our team today for a free estimation of what your claim could be worth.
Claiming For A Data Breach With A No Win No Fee Solicitor
Making a claim for compensation after your employer sent your personal information to the wrong address can seem daunting. However, you could receive help from one of our solicitors providing their service under a Conditional Fee Agreement (CFA).
Under a CFA, generally there are no upfront fees or ongoing costs to pay your legal representation. However, if your claim succeeds, your solicitor will take a success fee. This is a percentage with a legal cap. If your claim does not succeed, you do not pay the success fee.
Contact our expert team to learn more about how one of our solicitors could help you make a personal data breach claim. To get in touch:
- Start your claim online
- Use the live chat
- Call 0800 073 8804
Data Breach Guides
The following links might be helpful:
- Claiming Compensation Guide from the ICO
- Making a Data Protection Complaint Guide from the Government
- Stress Guide from the NHS
Additional data breach guides:
If your employer sent your personal information to the wrong address, contact our team today.
