Raising a data protection breach can feel daunting. Learn how the Public Interest Disclosure Act (PIDA) protects employees who speak up — and why it matters.
In today’s digital age, data is everything — from employee records to customer information. But with great data comes great responsibility, and when organisations fail to protect it, the consequences can reach far beyond financial penalties.
They can damage trust, credibility, and — in some cases — careers.
What happens, though, when you notice something’s wrong?
When you see a data breach, mishandling, or systemic negligence — but fear the personal fallout of raising it?
That’s where PIDA, the Public Interest Disclosure Act 1998, steps in. And it’s where courage and compliance collide.
Why Data Protection Breaches Aren’t Just IT Issues
Many people still assume that data protection is a “tech department” problem. In truth, it’s an ethical and legal responsibility shared across every role.
Whether it’s:
- Personal data shared without consent,
- Sensitive files left unsecured,
- Or confidential information misused —each of these can constitute a breach under the UK GDPR or Data Protection Act 2018.
But reporting such issues isn’t always straightforward.
It’s not just a compliance question — it’s a career risk for many employees.
The Fear of Speaking Up
In my work, and through my own professional journey, I’ve seen the hesitation that precedes a disclosure.
Employees often ask:
- What if I’m labelled as a troublemaker?
- Will my team turn against me?
- Could I lose my job for raising this?
These fears are valid.
Even in organisations that claim to champion “integrity,” speaking up can sometimes be met with defensiveness, dismissal, or worse — retaliation.
That’s why PIDA exists: to protect workers who make disclosures in the public interest.
Understanding PIDA and Protected Disclosures
The Public Interest Disclosure Act 1998 (PIDA) gives legal protection to individuals who “blow the whistle” on wrongdoing in the workplace — including breaches of legal obligations, miscarriages of justice, health and safety dangers, and data protection violations.
To qualify as a protected disclosure, your report must:
- Be made in good faith.
- Be about something you reasonably believe shows wrongdoing.
- Be in the public interest — not purely a personal grievance.
If you raise a concern under PIDA and then face retaliation, you may have a claim for detriment or unfair dismissal under employment law.
Data Protection and Whistleblowing: The Overlap
In a data protection context, PIDA often intersects with GDPR obligations.
For example:
- Reporting a company for mishandling employee or customer data;
- Exposing a culture of poor information security;
- Highlighting leadership’s failure to report breaches to the ICO (Information Commissioner’s Office).
These aren’t just internal matters — they’re public interest issues.
So when you raise them responsibly, you’re not being difficult — you’re upholding the law.
The Emotional Reality of Raising a Breach
But let’s be honest — laws and policies don’t make the emotional side any easier.
Speaking up can be isolating.
It can test your resilience and shake your trust in leadership.
You may face subtle exclusion, whispers, or even overt pressure to retract your statement.
I’ve seen this happen — and felt the weight of those decisions personally.
The line between doing what’s right and protecting your own stability is thin, and walking it takes courage most people never see.
That’s why it’s essential for organisations to not only comply with the law but to create cultures where raising a concern is seen as integrity, not insubordination.
How to Raise a Concern Safely
If you discover or suspect a data breach, here are steps to consider:
- Document everything.
Keep records of what you’ve seen, when, and who was involved. - Check your internal whistleblowing policy.
Most employers are legally required to have one — follow it carefully. - Raise it internally first (if safe to do so).
Contact your data protection officer or compliance lead. - Seek advice early.
Speak to an employment solicitor, union representative, or Citizens Advice before taking external steps. - Escalate appropriately.
If your employer ignores or mishandles it, you can report directly to the ICO or a “prescribed person” under PIDA.
Protecting Yourself While Protecting Others
PIDA doesn’t guarantee comfort — but it does provide protection.
If your disclosure is made in good faith and in the public interest, your employer cannot lawfully subject you to detriment or dismissal because of it.
Still, protection on paper doesn’t always mean protection in practice.
That’s why understanding your rights, documenting your actions, and seeking early advice are key.
Courage is powerful — but courage with preparation is unshakeable.
Raising a data protection breach isn’t just about compliance — it’s about accountability, ethics, and integrity.
And while the law — through PIDA — offers a safety net, the real change happens when workplaces start valuing those who protect others, not punishing them.
If you ever find yourself at that crossroads — between silence and disclosure — remember: Your voice may feel small, but it has legal weight and moral worth.
I share this not as theory, but as experience.
Because in a world where data defines trust, speaking up is the most powerful act of protection we have.
Get in touch if I can help with your employment related experiences at www.gracelegal.net or DM me at @grace.legal2025 or contact me via info@gracelegal.net.