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Hotel Staff Data Breach – How To Claim Compensation

Hotel Staff Data Breach - How To Claim Compensation

Hotel Staff Data Breach – How To Claim Compensation

Have you suffered a hotel staff data breach? Were your reservation details emailed to the wrong person? Did this lead to you suffering financial or emotional damage? Perhaps you are hotel staff and your employer breached your personal details by sending your payslips to the incorrect address?

Hotel data breach compensation claims are possible if you can prove that those who should have been protecting your personal information failed to do this. This would mean demonstrating how they did not comply with data protection laws. To make a valid claim you must have suffered either mentally or financially.

In the UK, the Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) are both laws that require data controllers and processors, both of whom may handle personal data, to meet specific standards of data handling. An independent body called the Information Commissioner’s Office (ICO) regulates these laws across all sectors and if a breach is serious, the company involved can suffer penalties.

These laws aim to protect the integrity and security of our information. Speak to us to discuss a claim for compensation:

  • Contact our team on 0800 073 8804
  • Contact us online and we will return your call
  • Use the live support resource, bottom right

Select A Section

  1. What Is A Hotel Staff Data Breach?
  2. Staff Data A Hotel Could Hold
  3. How Could A Hotel Prevent A Staff Data Breach?
  4. How Long Do You Have To Make A Data Breach Claim Against Your Employer?
  5. Hotel Staff Data Breach Compensation Calculator
  6. How To Make A Hotel Staff Data Breach Claim

What Is A Hotel Staff Data Breach?

The Data Protection Act 2018 and UK GDPR define personal data as any information that can be used in isolation or together with other details to positively identify you as a living person. In addition to this, certain details are regarded as ‘special category‘ such as ethnic origin, sexual orientation, political beliefs and health information. This reflects the potential for this data to cause greater harm to the data subject if breached.

UK GDPR requires all involved in data use to adhere to 7 Core Principles for good data protection. Whether the data is documentary or digital, the controllers and processors must :

  • Use personal data in a way that is lawful, fair and transparent
  • Keep within the reason for collecting it
  • Limit the amount of personal data collected to a minimum
  • Ensure records are accurate and kept up to date
  • Retain data for minimum time periods
  • Keep the details of staff and customers secure at all times
  • Take personal accountability for all data protection

Failure to properly adhere to these could create a security incident that results in a data breach to employees or guests at a hotel.

Sectors Affected By Data Breaches

The ICO each quarterly publishes the amount of data security incidents that are reported to them. The graph below has more details.

Staff Data A Hotel Could Hold

Employers can hold a lot of information about their staff. Data protection laws do not protect all data. Personal data and personally sensitive data are both protected by the laws we have mentioned in this guide. This type of data can include:

  • Their name and address
  • Email and contact number
  • Bank details such as debit and credit card numbers
  • Health details or medical needs
  • Identification documents

In order for an organisation to be able to process your data, it must meet one of the 6 lawful basis for data processing.

How Could A Hotel Prevent A Staff Data Breach?

The ICO offers a wealth of useful advice to help companies when it comes to data security and integrity. There are steps that organisations can take to keep personal data of staff, clients and customers safe. These include:

  • Having policies in place that ensure documents are not sent by fax to the wrong person 
  • Use proven security techniques to ensure that paperwork is not lost or stolen
  • Always locking filing cabinets that hold data
  • Using privilege access procedures for authorised staff
  • Training staff in all aspects of UK GDPR obligations
  • And having the most up-to-date cyber security systems on all devices

It’s important to note that even the best-run hotel could fall victim to a determined cyber attacker outside of the business. In cases such as this, a claim may not be eligible if the hotel can prove they took all the necessary steps they could to prevent the security incident. With this in mind, a hotel staff data breach claim must therefore demonstrate how the hotel was directly responsible for failing to do this.

How Long Do You Have To Make A Data Breach Claim Against Your Employer?

There is currently a 6-year time scale for starting a data breach claim. Under certain conditions such as a claim against a public body, this time scale becomes 1-year.

A complaint to the hotel is the first step. You can also complain to the ICO about the data breach but wait no longer than 3 months from the last meaningful contact. The ICO does not pay compensation but their involvement can lend your case credibility.

Hotel Staff Data Breach Compensation Calculator

If your personal details are involved in a hotel staff data breach and you make a successful claim following this two areas of damage can be acknowledged. Material damages are the financial losses you can prove that you incurred due to the data breach.

Documented evidence can uphold a claim for these costs. So if you have receipts, bills, invoices or other documents to prove monetary loss, (such as stolen funds) you could include them in your claim for compensation.

Non-Material Damages

In addition to material damages, non-material damages amounts may be applicable – these compensate for the mental injuries you have suffered as a consequence of the data breach. The Judicial College Guidelines (16th Edition, published in April 2022) have been used to show what bracket compensation amounts reflect this type of injury.

Edit
Type of Mental Health Impact JC Guideline Level of Award Supporting Notes
General Psychiatric Damage £54,830 to £115,730 – Listed as Severe (a) Marked difficulties with work, education and personal relationships with a poor prognosis for the future.
General Psychiatric Damage £19,070 to £54,830 – Listed as Moderately Severe (b)

 Similar significant issues that create a long-standing disability that prevents a return to work
General Psychiatric Damage £5,860 to £19,070 – Listed as Moderate (c)

Award acknowledges similar issues but there may be an improvement by the time the case could be heard in court.
General Psychiatric Damage £1,540 to £5,860 – Listed as Less Severe (d)

Reflective of how badly daily activities were affected or if a specific phobia was created
Post-Traumatic Stress Disorder (PTSD) £59,860 to £100,670 – Listed as Severe (a)

Profound and permanent impact on the sufferer, preventing a level of coping as they did before traumatic event
Post-Traumatic Stress Disorder (PTSD) £23,150 to £59,860 – Listed as Moderately Severe (b)

This award bracket reflects similar issues to above but with a more optimistic prognosis after professional health
Post-Traumatic Stress Disorder (PTSD) £8,180 to £23,150 – Listed as Moderate (c)

 Largely a recovery with any continuing effects being relatively non-disabling
Post-Traumatic Stress Disorder (PTSD) £3,950 to £8,180 – Listed as Less Severe (d)

A full recovery within 1 – 2 years wit the persistence of only minor symptoms beyond that

How To Make A Hotel Staff Data Breach Claim

Have you considered legal help for your hotel staff data breach? The prospect of expensive legal costs may be discouraging you but a No Win No Fee agreement could help. When a data breach solicitor works with you under an agreement such as this, it requires no upfront fees. Also, there are no fees as the claim moves ahead or if the case fails.

A max 25% deduction from the settlement is due in successful cases. This amount covers the solicitor’s success fee. To see if you can make a data breach claim, speak to our team by:

Related Data Breach Claims Guides

As well as this hotel staff data breach guide, the resources below offer more reading on data breach compensation:

Guide By Waters

Edited By Melissa.