Legal help for data breach compensation claims

Advice about the Equifax ICO fine and compensation

Posted by Matthew on October 05, 2018 in the following categories: Claims Equifax Data Breach ICO and tagged with | |

data protection worries

The Equifax ICO fine was welcome news, although victims may need clarity on their rights for compensation as well as understanding the fine itself.

The Equifax ICO fine was the maximum allowed under the rules that came before the GDPR. Had the incident have occurred in the post-GDPR era, Equifax could have faced fines amounting to millions.

The fine itself is separate to any compensation claim a victim is entitled to make. We launched our legal action last year and it’s not too late to join if you’ve yet to sign-up. Read on for more information about how the fine was issued as well as victims’ rights to compensation.

The Equifax ICO fine explained

The Equifax ICO fine was the maximum allowed under the previous rules, and this was the case for very good reasons.

They were found in breach of several data principles, and the incident itself should have been entirely avoidable. It was a simple case of a secure patch not being applied that led to the breach, as well as the continued failure by Equifax to identify the ongoing problem.

The ICO (Information Commissioner’s Office) said:

“The Commissioner finds that the UK data was controlled by Equifax Ltd and was processed by Equifax Ltd’s parent company and data processor, Equifax Inc. In respect of the UK data, Equifax Ltd had failed to take appropriate technical and organisational measures against unauthorised and unlawful processing of that data.

The Commissioner also finds that in respect of certain of the UK data, it had been retained by Equifax Inc in the US for longer than was necessary for the purpose(s) for which it was transferred there.”

This means that UK victims can be eligible to join the legal action we launched against Equifax last year.

Equifax ICO fine separate to compensation action

The Equifax ICO fine is separate to the legal action for compensation. The fine is issued as punishment for breaching the law, whereas our legal action is to ensure the victims themselves are entitled to justice.

If you were a victim of the breach and you’re based in England or Wales, you may be eligible for our No Win, No Fee representation. Victims of the breach may be able to claim for any distress caused as a result of the misuse of private information, and the loss of control over that information.

Any compensation claimed is a separate matter to the Equifax ICO fine. You still have time to join our legal action, although we recommend you sign-up as soon as you can.

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