| Commentary

(a) Against the employer

| Commentary

(3)     Civil proceedings

(a)     Against the employer

Every data subject has the right to take civil proceedings against an employer, where the data subject considers that their rights under the UK GDPR or DPA 2018 have been infringed as a result of the processing of their personal data (DPA 2018 ss 167169; UK GDPR arts 79–82). Such claims are often made alongside claims for the common law torts of breach of confidence and/or misuse of private information, although claimants should be alive to the differences between the claims and careful not to plead the torts

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