Employees breaching the GDPR

When we begin a new job, we will typically receive information and training in respect of data protection and cybersecurity responsibilities, guiding us on how to act to ensure that private and personal information remains safe. All employers are obliged to educate their employees on how to comply with data protection law to avoid the possibility of employees breaching the GDPR.

However, a lacklustre or negligent approach to data protection can result in low awareness among employees, leading to data breaches. Whilst many may imagine that data breaches are often caused by computer faults or malicious cyberattacks, human error is often responsible, putting employees on the frontline of company data protection.

If a needless or even malicious employee breach compromised an individual’s information security, that person could be eligible to claim compensation for any harm caused by the breach. It is vital that data breach victims seek legal representation to fight for the justice they deserve.

Employees breaching the GDPR – acting in error and with intent

The factor of human error must not be underestimated when it comes to employees breaching the GDPR, as even the most basic of errors can lead to information exposure. For example, we have encountered many instances of employees failing to redact data before sharing or publishing files, as well as sending emails and letters to the wrong recipients.

Employees can neglect their responsibilities in even more serious circumstances where they fail to observe rules on data disclosure. For example, if someone calls a school or local authority requesting information on a child, and a staff member gives them this information without verifying that they are a named guardian for the child, they may have breached data protection regulations.

Just as worse can be the occasions on which employees snoop on or steal personal information for their own gain. Such offences can lead to dismissal and even criminal prosecution.

The responsibility of data controllers

Whilst employees breaching the GDPR must bear the blame for their actions, the ultimate responsibility of data controllers cannot be ignored. In accordance with the GDPR, it is the data controller that is responsible for regulatory compliance as well as individual employees.

This means that, when data breach claims are made, they are usually brought against the overall business or organisation. It is important that this is the case, otherwise individual employees could be responsible for one-off mistakes, when in fact it can be poor training and resources on the part of their employer which leads them to make such errors. This also allows an actual avenue for justice as well.

Making a data breach compensation claim

If you have been affected by employees breaching the GDPR, whether they are in a business, a local authority, or the NHS, data protection breach claims can provide a route to justice. All third-party data controllers must impose the data protection procedures and cybersecurity measures required to protect personal information, so it is vital that they are held to account when privacy is compromised.

At Your Lawyers – The Data Leak Lawyers – we have been representing victims of data and privacy breaches since 2014, and we can offer our expert advice to anyone who is concerned about a data breach.

Simply contact our team for a free, no-obligation discussions regarding your right to make a claim.

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