By Stephen Hudson. Last Updated 28th June 2024. 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.
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 Can I Do If An Employer Sent My Information To The Wrong Address?
- How Could Your Employer Cause A Data Breach?
- What Personal Information Could Be Sent To The Wrong Address?
- What Could I Claim Following A Data Breach By My Employer?
- Claiming For A Data Breach With A No Win No Fee Solicitor
What Can I Do If An Employer Sent My Information To The Wrong Address?
Your personal data is any information that could identify you. Examples of personal data include your home address, phone number and your name.
As a data controller or processor, your employer should adhere to rules and regulations set out in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Together these pieces of legislation sit as data protection laws.
A data controller is usually an organisation, and it determines why and how your personal data is processed. Data processors are usually an organisation or agency which is external to the controller. A data processor may be assigned by a data controller to process personal data on their behalf.
If your employer does not follow data protection laws correctly, this could be considered wrongful conduct. It could also potentially result in an employer data breach incident, such as one involving your data being sent to the wrong address.
If you’re asking “my employer sent my info to the wrong address, can I claim compensation?”, then you may be eligible to claim if you can establish the following:
- A data breach involving your employer occurred due to wrongful conduct by either a data controller or data processor.
- Your personal information was affected by this data breach.
- You have suffered financial or psychological harm due to this breach of your personal data.
For more advice about your eligibility to claim for an employer data breach or the steps in the claiming process, contact our team either online or on the phone today.
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.
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.
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 damage: 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 damage: 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 |
|---|---|---|
| Severe psychological harm plus financial losses | Severe | Up to £200,000+ |
| Psychiatric damage | Severe (a) | £66,920 to £141,240 |
| Psychiatric damage | Moderately severe (b) | £23,270 to £66,920 |
| Psychiatric damage | Moderate (c) | £7,150 to £23,270 |
| Psychiatric damage | Less severe (d) | £1,880 to £7,150 |
| PTSD | Severe (a) | £73,050 to £122,850 |
| PTSD | Moderately severe (b) | £28,250 to £73,050 |
| PTSD | Moderate (c) | £9,980 to £28,250 |
| PTSD | Less severe (d) | £4,820 to £9,980 |
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.
