Welcome To The Data Leak Lawyers Blog

Are data breaches inevitable?

Judging by the huge increase in data breaches and numbers of records compromised over the last few years, there’s an argument to say that breaches have become inevitable…

Equifax has been one of the most talked-about companies in recent times for the huge data breach that saw 143 million people in the U.K., U.S. and Canada have their personal data security compromised.

The major credit-reporting agency is even used by some government authorities, and with such a high-profile case involving an international organisation that should be at the forefront of cybersecurity, it stands to reason that there is a basis for the argument that data breaches are inevitable.
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Should corporate data breach victims be allowed to force compensation?

Consumer organisation Which? thinks so.

The not-for-profit charity is calling on the government to consider the protections and rights afforded to data breach victims. As the EU General Data Protection Regulation looms ever closer, Parliament has been debating the Data Protection Bill and what rights and responsibilities should be included.

Which? believes that consumers should be adequately protected when corporations neglect and fail in their data protection responsibilities in efforts to attempt to maximise profits and expand their businesses.
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Is it more cost effective to pay for cybersecurity or the aftermath of a data breach?

It should always be the case that cybersecurity is more important; hands down.

After suffering a data breach, organisations face all sorts of financial losses, including penalty fines for not complying with data protection obligations; or claims brought by data victims for compensation; and loss of profits as shares drop and customers turn away from them. Data breaches can have a huge impact on consumer confidence – a cost that can’t always be calculated so easily.

Prevention should always come ahead of dealing with an aftermath that could have been averted in the first place!
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Most U.K. citizens don’t trust organisations and businesses with their personal data

The Information Commissioner’s Office (ICO) conducted a study to see how U.K. citizens feel about their personal data being shared with organisations and businesses, and the results reflect an inherent mistrust and lack of confidence in how their data is being stored and handled.

The results of the study are likely to have been influenced by the colossal and numerous high-profile data breaches in the last couple of years that have seen millions of people have their personal data breached time and time again.
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Are employees the biggest cybersecurity threat to businesses?

Research tells us that the biggest threat to a company or organisation’s cybersecurity is its own employees.

Although cyber-attacks are usually initiated by third party actors with malicious intent, it can be the shortcomings of employees that allow systems to become vulnerable. On top of that, employees who fail to adhere to policies and procedures are normally responsible for data leaks. With many employees working remotely, or with the ability to log in to servers from home, risks are increasing all the time.
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New ICO powers to fine organisations up to £17 million

Law changes in the coming months mean that the Information Commissioner’s Office (ICO) enforcement powers will no longer be subject to a maximum penalty fine of only £500,000. If any person, company or organisation is found to have breached Data Protection laws in the U.K., they may find themselves slapped with a much heftier fine.

The new maximum fine can be 4% of the company’s global turnover or €20million (almost £17million); whichever is the largest.

The government is introducing this as they adopt stricter E.U. laws for data protection into U.K. legislation. Despite Brexit, the government have said that the new regulation will be implemented by May 2018 in any event.
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A comparison between the EU and U.S. data breach notification laws

Data Protection should always be a huge concern for companies and organisations. As with most laws, there are differences that can give some people in some countries more rights than others, such as the differences and similarities with data breach notification laws within both the EU and U.S.

In a world where data breaches can be cross-jurisdictional – i.e. a hacker from the U.K. hacks an American business – these differences could become quite important. It’s a challenge we face when representing victims for claims.

So, what are some of the characteristics of EU and U.S. data laws?
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Introducing the vicious cycle of data breach fatigue

It seems like we can never escape them; they’re in the headlines and our news feeds all the time, and data breaches are such a common occurrence these days.

So, what is being done to stop data breaches occurring?

Surely with advances in smartphones, self-driving cars and artificial intelligence, we have the technology and skills to stop hackers from cracking websites and security walls? Surely we have access to enough decent cybersecurity software to protect data, and are capable of training staff and enacting procedures and protocols to protect data from leaks?
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A simple guide to data breach terms

These days, data breaches are happening left right and centre. A lot of them are dealt with discretely and we may never hear about them, but for those that are publicised, statements from offending organisations can be littered with jargon and tech-words.

Sometimes when things go wrong, organisations are keen to blame anyone and anything but themselves. Some may play that they are the victims of “super hackers” when in reality the breach could have been avoided with better cybersecurity in place. To try and understand what they may be saying underneath the “waffle”, we’ll go over a few simple terms.
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Debt collection agency data breaches

Being in debt is not usually something people are comfortable with others knowing. It can be a difficult situation that some people are powerless to stop. Sometimes things just don’t go our way and we’re left in a hole with no obvious way out.

When debts aren’t settled, debt collectors are usually never far behind. However, although it’s their job to recover money, the business of debt collection must be conducted in accordance with the law. It must be done in a professional manner which includes respecting someone’s personal information and data privacy rights.
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