Last Updated By Danielle Jordan on 7th January 2025. You may be asking, “Can I claim if my manager has breached my confidentiality in the UK?”. This guide will begin by looking at the two main pieces of legislation that have been enacted to protect your personal data and keep it confidential.
In this article, you’ll find helpful advice on whether you’re eligible to make a personal data breach claim and the steps you can take should your information become compromised. There is also a section containing some helpful examples of what could be classed as personal data.
Additionally, we explore the damages that could be awarded for a successful employer data breach claim and how legal professionals value certain areas of your case.
Get in touch with our advisors with any questions you may have. They’re available at any time of the day or night. To speak to an advisor about taking legal action for an employee breach:
- Call on 0800 073 8804
- Discuss your claim online
- Use the chat box in the corner
If you’d like to learn about the key points from this guide, why not check out our video below:
Select A Section
- Could I Claim If My Manager Has Breached My Confidentiality In The UK?
- What Data Could Workplaces Hold?
- How Could My Manager Breach My Confidentiality In The UK?
- What Should I Do If My Manager Has Breached My Confidentiality In The UK?
- Compensation Payouts For A Breach Of Confidentiality
- Can I Claim For Breach Of Confidentiality With A No Win No Fee Solicitor?
- Read More About Claiming If Your Manager Has Breached Your Confidentiality
Could I Claim If My Manager Has Breached My Confidentiality In The UK?
Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, your employer has the responsibility of safeguarding your personal data. So if you are wondering whether you could make a personal data breach claim following the comprise of your confidential information at work what you have to bear in mind is that not all confidential information falls under the data protected by the above legislation.
In essence, when personal data’s confidentiality, integrity or availability has been impacted a breach has occurred.
To hold a valid personal data breach claim following the comprise of your confidentiality information, you must satisfy the following criteria:
- A data controller or processor are the two main entities that are responsible for the protection of your personal data. The controller will decide the means and purpose of processing your personal data, while the processor could be a third party that is hired solely to process the information. In this scenario, your employer would be known as the data controller and to make a claim you must be able to show how they failed to adhere to data protection legislation.
- The lack of adherence meant that a data breach occurred which involved your personal data.
- Due to the fact that your personal data has been breached, you suffered mental and/or financial harm as a consequence.
Get in touch today to find out if you can claim for the confidentiality breach of your personal data.
Time Limits
Generally to make a personal data breach claim you must begin legal proceedings within 6 years. However, if your claim is against a public body (or involves a breach of human rights), then this time limit is reduced to 1 year. There are other exceptions to the rule, so please call for advice.
Our advisors can inform you whether or not you’re still within your time window. So If your manager has breached your confidentiality in the UK, get in touch and find out where you stand.
What Data Could Workplaces Hold?
The data that is protected by the DPA 2018 and the UK GDPR is personal data, and it is defined that way as it can be used to identify a living person who is known as the data subject. There is also a type of personal data known as special category data that is sensitive in nature and requires extra protection. Your employer is likely to process quite a bit of your personal data and therefore must seek to keep it confidential. That would mean training any employees including managers on data awareness. Failure to train the appropriate employees on data management can mean the employer is liable for a data breach.
Types of personal data are:
- Date of birth.
- Home address.
- Name.
- Banking details.
Special category data can include personal data about your:
- Health
- Religion
- Trade Union Membership
- Political opinion
How Could My Manager Breach My Confidentiality In The UK?
Now that you know the eligibility criteria for claiming compensation if “my manager has breached my confidentiality in the UK,” this section provides some examples of how this can occur.
Potential examples can include:
- Your manager attached your personal records to a group email instead of sending them directly to you. This email data breach exposed your address and other personal information.
- Unauthorised persons were able to access a work laptop after a manager left it on the train. The lost device contained the HR records of multiple employees, including your own.
- Your manager verbally discloses information regarding your health to persons who have no right to know.
A workplace data breach can happen in many different circumstances, so if your particular situation is not given above, then don’t worry; you could very much still be eligible to begin a claim. For a free eligibility assessment, talk to our advisors today using the contact information given below.
What Should I Do If My Manager Has Breached My Confidentiality In The UK?
If you are considering making a claim, as the confidentiality of your personal data has been compromised, then you will need evidence to support your case.
Here are a few forms of evidence you can gather to support your case:
- Correspondence – if your personal data has been breached and this infringes on your rights and freedoms your employer must notify you of this without undue delay. This letter of notification can be used as evidence.
- Medical records – For the mental impact that a data breach has had on you.
- Financial records – Present bank statements to prove any impact on your finances that a data breach may have had.
If your employer has breached your confidentiality, then get in touch to find out if you could make a claim.
Compensation Payouts For A Breach Of Confidentiality
Compensation payouts in these types of cases can come in two forms depending on the impact the breach has had on you.
First, it’s possible to claim compensation for the financial fallout of a breach of confidentiality. This is known as material damage.
Secondly, you can claim for the pychological impact the breach has caused, such as stress or anxiety, as well as the costs that come with this, such as losing out on pay if you had to take time off work.
Compensation is calculated based on how severe the impact has been.
To give you an idea of the level of compensation you could receive, we’ve included the table below. Created using figures taken from the Judicial College Guidelines (17th edition, published 2024), it offers you an insight into how much you could receive.
Please bear in mind that these figures serve as guidance only. Each case is unique and payouts can vary from case to case.
| Impact On Mental Health | Amount (JCG Figures) |
|---|---|
| Very Serious Psychological Harm and Related Expenses | Up to £250,000+ |
| General psychiatric damage - Severe | £66,920 to £141,240 |
| General psychiatric damage - Moderately Severe | £23,270 to £66,920 |
| General psychiatric damage - Moderate | £7,150 to £23,270 |
| General psychiatric damage - Less Severe | £1,880 to £7,150 |
| Post-Traumatic Stress Disorder (PTSD) - Severe | £73,050 to £122,850 |
| Post-Traumatic Stress Disorder (PTSD) - Moderately Severe | £28,250 to £73,050 |
| Post-Traumatic Stress Disorder (PTSD) - Moderate | £9,980 to £28,250 |
| Post-Traumatic Stress Disorder (PTSD) - Less Severe | £4,820 to £9,980 |
If you’d like to check if you can claim compensation if your manager has breached your confidentiality, get in touch. We offer a free case check and can advise you on compensation amounts you could receive.
Can I Claim For A Breach Of Confidentiality With A No Win No Fee Solicitor?
Navigating the process of making a claim following a breach of your personal data’s confidentiality can be daunting. This is why it can be beneficial to seek the help of a legal representative. Our No Win No Fee solicitors could offer to represent your data breach claim if it is eligible. They can offer the follwoing benefits:
- Assist you with gathering evidence.
- Answer any questions you may have.
- Provide guidance through the process.
- Make sure your claim begins within the legal limitation period.
- Work with you under a form of No Win No Fee arrangement.
The specific form of No Win No Fee arrangement that our solicitors work with their clients under is called a Conditional Fee Agreement (CFA). With a CFA in place, you can access your solicitor’s services without the need to pay them an upfront fee.
If your claim succeeds, under a CFA your solicitor can take a success fee from your compensation. The success fee takes the form of a legally capped percentage.
Get In Touch With Our Team
Our advisors are ready and waiting to help you with your claim. You can reach out on a 24/7 basis. Once you answer a few of their questions, they’ll be able to provide you with advice and guidance that is specific to your circumstances. To connect with an advisor and talk about the Data Protection Act and how your sensitive or confidential information was breached:
- Call on 0800 073 8804
- Discuss your claim online
- Use the chat box in the corner
Read More About Claiming If Your Manager Has Breached Your Confidentiality
Hopefully, you now have the answer to the question, “Could I claim if my manager has breached my confidentiality in the UK?”
Below, we’ve included some links to additional resources that could be useful.
More of our guides:
- Court cases data breach compensation claims
- My data has been breached by work, can I claim?
- Can I sue someone for disclosing personal information in the UK
Information from other sources:
- Make a complaint – Government information about making a complaint following a data breach.
- Mental health services – Information from the NHS.
- Cyber security breaches survey 2023 – Information from the government on data breaches.
