I have recently found out that due to a huge mistake with my tax submissions, my old employer had been sending to HMRC that they had issued my NI with 2 other colleagues, which now means I am paying a higher tax than I should. I am having difficulty both with my old employer and HMRC. Can this be seen as a Data Breach by my old employer? I am getting no help whatsoever with this and I am paying nearly £100 per week in tax because of this mistake!
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If your employer did a mistake by sending the wrong data about you to the authorities, this is a breach of Art 5.1.d – the Accuracy Principle – in UK GDPR and of Art 5.1.f – the Integrity and Confidentiality Principle – in UK GDPR. You can file a complaint, per Article 77 GDPR - Right to lodge a complaint with a supervisory authority or to seek an effective judicial remedy against your old employer, per Art 79 GDPR - Right to an effective judicial remedy against a controller or processor.
Please also consult these links:
- Article 5 GDPR - Principles relating to processing of personal data: https://advisera.com/gdpr/principles-relating-to-processing-of-personal-data/
- Article 77 GDPR - Right to lodge a complaint with a supervisory authority: https://advisera.com/eugdpracademy/gdpr/right-to-lodge-a-complaint-with-a-supervisory-authority/
- Article 79 GDPR - Right to an effective judicial remedy against a controller or processor: https://advisera.com/eugdpracademy/gdpr/right-to-an-effective-judicial-remedy-against-a-controller-or-processor/
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Nov 22, 2022