Employee’s details left on cleaning trolley

Background

Dan Higham (pictured) has successfully represented a client in an action against her former employer for breach of the General Data Protection Regulations 2018, a breach of Article 8 of the Human Rights Act 1998, a breach of confidence and a misuse of private information.

The client was attending her last shift with her employer, when she realised that a form had been left for her in a communal area of the building. The client’s employer placed the form on a cleaning cart in a corridor outside the toilet areas and it contained her full name and national insurance number.

Representation

The client proceeded to instruct Dan Higham at Irvings Law, and was offered no win, no fee terms. Dan Higham then submitted a Letter of Claim to the employer on behalf of the client.

The Letter of Claim alleged the employer’s breach of the General Data Protection Regulations 2018, a breach of Article 8 of the Human Rights Act 1998, a breach of confidence and a misuse of private information.  The Letter of Claim also alleged that the employer should have kept the client’s personal data secure by ensuring that the data was not left unprotected in an area that was accessible to all employees who worked in the building.

The employer’s insurance provider acknowledged receipt of the Letter of Claim and, in their response, accepted that their actions amounted to a breach of the General Data Protection Regulations 2018 and the Data Protection Act.

Resolution

The employer’s insurance provider had set out their position, in their Letter of Response, and explained that, whilst there was a breach, they believed any distress or inconvenience caused was limited.

Dan Higham advised the client of the estimated value of the claim but as the client was eager to resolve the matter, she instructed an acceptance of an offer in the sum of £1,250.00 which was offered by the opponent.