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Care home worker suffers a data breach from colleagues, obtaining £2,500 in compensation

Care home worker suffers a data breach from colleagues, obtaining £2,500 in compensation

High Street Solicitors has successfully obtained Mr S £2,500 in compensation due to a breach of his personal information. 

Mr S, was at the time performing agency work within a care home.  The usual process for providing businesses with agency staff; is to forward on any potential CV’s to the employer in order to perform interviews and to keep on file.  In this circumstance, Mr S’s CV was displayed on a notice board within a locked office in the care home.  The notice board was visible from the door due to a window; which allowed anyone to view Mr S’s CV that went past the office in question.

Whilst Mr S was on his shift, he was made aware of the breach in a very demeaning manner.  Other staff members at the care home where gathered together and laughing at the CV on display.  Mr S was a new worker at the care home and felt publicly humiliated to his peers.  Mr S’s CV listed personal information such as his name, DOB, address, telephone and a picture of himself.  The office where the CV was displayed is most commonly used for meetings with staff, agency workers and for families when they come to visit friends and family.  Therefore this CV will have been viewed by many different people, which Mr S did not give consent for the care home to do so, to have such confidential information on public display is a clear breach of Mr S’s data.

The client immediately called the agency to ask why his CV had been put on display.  The agency rung the manager of the care home who advised that they would look into the situation.  Our client had to repeatedly email and chase the care home to understand why the supposed ‘investigation’ was still not resolved or why the manager had not yet been back in touch after 16 days since the incident occurred.  Since the incident, the client changed all passwords to ensure that his personal information was was on public display, could not be used for fraudulent purposes and had instructed ourselves to act on his behalf as his solicitor to proceed with a data breach claim to resolve the breach.

Not only can a data breach cause mental frustration due to the exposure of such confidential information, but the mental strains this can cause with regards personal and financial safety; is one which here at High Street, we must adhere to when protecting the client throughout a data breach claim.  Our client had expressed that he had been diagnosed with Bi Polar disorder prior to the data breach; however the breach has since heightened the mental strains resulting in an adverse affect on his mental health.

We are pleased to have been able to successfully settle Mr S’s data breach claim with a positive result; which he deems to be the best possible outcome not only for himself, but to ensure that the misconduct within the work place does not reoccur.  Data breach claims are becoming a much more understood part of the legal world; which we all must educate ourselves with. We do have a right for details that are confidential and personal, to not be published via any form of media or display means without our authority. 

Data breaches are becoming a very popular area of the legal world; due to the mass usage of data and technology we utilise 365 days a year, 24/7. Be vigilant with your data and understand the rights you withhold in regards to data protection.  For businesses large or small, this is a key area of focus that must be maintained daily in order to prevent breaches from occurring to not only their staff but to clients too.

For information about data breach claims with High Street Solicitors click here.

Please note for data protection purposes we have changed our clients name in the above overview.