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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11431
Experience:  30 years as a practising solicitor.
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I am writing to you to kindly ask for legal advice. On the

Resolved Question:

I am writing to you to kindly ask for legal advice. On the 14th of March my current employer (Wm M ) became a victim of the loss of protected data stored on American servers It contained my name,adress ,sex,national insurance number,date of birth ,annual salary,sort-code,account number,in some instances,telephone numbers . The event has been confirmed by my employer in writing to the address of my residence. The employer has also included a free access through the htttp://partner.protectmyid.co.uk website for monitoring the data, where you can control or detect possible complication attempts associated with this event. My question is, I would like to kindly ask you for a reply, whether as an employee will I be able to pursue any possible compensation for the loss of personal data under data protection acts.How I should proceed. Thank you in advance for your reply, best regards Marcin

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You don't say how the data was lost and whose fault it was. However, if the employer had appropriate security measures in place albeit they were breached and if the employer has established procedures in place to deal with a breach then you are less likely to be able to claim compensation especially if you haven't suffered an actual loss.

You can read the relevant guidance notes on this here:

http://ico.org.uk/for_organisations/data_protection/~/media/documents/library/Data_Protection/Practical_application/guidance_on_data_security_breach_management.ashx

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

I thank you for your reply let me explain what happened. Late afternoon on 13 March my employer made aware of personal information had been stolen and publish on an American website .The information had been sent to a local newspaper who telephone to my employer to indicate and ask for comment .


 

Expert:  JGM replied 3 years ago.
If this was theft and there were reasonable measures in place to avoid a theft but the thieves managed to breach security nonetheless then it is less likely that you have any form of claim. You would have to establish that the employer breached a duty of care to you by being negligent and that damage or damage and distress has been suffered by you.

You have to go to court to make a claim unless the employer decides to offer compensation.

See http://ico.org.uk/for_the_public/personal_information/compensation
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Customer: replied 3 years ago.

Thank you for your time and advice.Regards Marcin