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GDPR breach?

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  • GDPR breach?

    Afternoon. Is it a GDPR breach if someone from Administration team accidently has emailed a list with salary information? Email has been sent with hourly rates for the whole company site to management team. Thank you in advance
    Tags: None

  • #2
    Please clarify to whom this email has been sent.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Originally posted by scruple View Post
      Afternoon. Is it a GDPR breach if someone from Administration team accidently has emailed a list with salary information? Email has been sent with hourly rates for the whole company site to management team. Thank you in advance

      The whole Team Leaders and Managers Team. Thanks for your time

      Comment


      • #4
        Did the list directly associate names and salary?

        Comment


        • #5
          Originally posted by dslippy View Post
          Did the list directly associate names and salary?
          Yes. Name and hourly rate

          Comment


          • #6
            In many organisations I have worked with, depending on the definition of management team and seniority they would potentially be party to such information as part of managing the business.
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            Comment


            • #7
              Originally posted by ULA View Post
              In many organisations I have worked with, depending on the definition of management team and seniority they would potentially be party to such information as part of managing the business.
              Thank you for respond. However email has been sent accidently and I'm not happy that other colleagues know about my hourly rate

              Comment


              • #8
                From the sounds of things, it is likely to be some kind of breach yes, but the question is what do you want to do about it.

                If you are looking for compensation then don't expect much as the level of compensation (if any) depends on a number of factors such as how much personal data has been disclosed, who has obtained access to it, how the breach occurred and whether it was a one off or accidental breach etc.

                The courts have generally confirmed that (subject to a decision in the European Court decision that's discussing this) a data breach alone is not sufficient to trigger compensation. There has to be some kind of 'damage' in the form of financial damage or non-financial damage like distress, inconvenience etc.

                Your company should have privacy policies in place and you may want to raise a complaint about this. If you're not happy you can go to the ICO and make a complaint but last resort you could go down the legal route though as I said you will need to prove the breach was sufficient enough to warrant damage.
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                • #9
                  Originally posted by R0b View Post
                  From the sounds of things, it is likely to be some kind of breach yes, but the question is what do you want to do about it.

                  If you are looking for compensation then don't expect much as the level of compensation (if any) depends on a number of factors such as how much personal data has been disclosed, who has obtained access to it, how the breach occurred and whether it was a one off or accidental breach etc.

                  The courts have generally confirmed that (subject to a decision in the European Court decision that's discussing this) a data breach alone is not sufficient to trigger compensation. There has to be some kind of 'damage' in the form of financial damage or non-financial damage like distress, inconvenience etc.

                  Your company should have privacy policies in place and you may want to raise a complaint about this. If you're not happy you can go to the ICO and make a complaint but last resort you could go down the legal route though as I said you will need to prove the breach was sufficient enough to warrant damage.
                  Thanks mate. My main concern is not to get compensation, but a person who has sent this email should be investigated and removed from this possition. I know it's up to HR and Senior Management, but I wondering if I can put a grievance agains company. Thanks

                  Comment


                  • #10
                    You may do that if that is your wish.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment

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