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We focus on the latest news surrounding data breaches, leaks and hacks plus daily internet security articles.
We focus on the latest news surrounding data breaches, leaks and hacks plus daily internet security articles.
In the same way that fines can be far higher, will we also see higher GDPR compensation amounts since the new law came into effect in May 2018?
Although data breach compensation amounts are still based on the individual impact to the victim, and this hasn’t changed since GDPR, the new laws can make brining a claim an easier thing to do. The law is more stringent than the previous Data Protection Act, so there can be more avenues for people to be able to claim. And the recent court case victory has also paved the way for people to be able to launch a claim even if they haven’t suffered any distress or loss at all.
The difference in fines is, of course, monumental. We have already seen the power that regulators now have to ensure data breach offenders are properly punished.
If you’ve been the victim of someone unlawfully accessing medical records, you could be entitled to make a medical data breach compensation claim.
With the Wrightington, Wigan and Leigh (WWL) NHS Foundation Trust medical records access scandal fresh in our minds, we want to make sure that victims know that they have a voice. We’ve taken forward a number of cases for victims of the WWL incident so far, but anyone who has suffered this kind of breach can be entitled to claim.
Whether you’re one of the 2,172 Greater Manchester patients affected by the above scandal, or someone who has discovered unlawful access to your information, we may be able to help you.
Human error data breaches remain one of the number one causes when it comes to data protection incidents, and it’s important for victims of these kinds of breaches to know their rights.
The important thing to know is that it doesn’t stop you being able to claim if the cause of a breach stems from an error by a human. The organisation that employs the person can be held liable for a legal case, and in this article, we’ll explain why.
It’s not an acceptable excuse for an organisation to simply try and defend a claim on the basis that the fault lies with a human.
If you’re not sure about how to make a GDPR claim, here’s some advice about what you can do to make sure you get the justice you deserve as a victim of a data breach incident.
The new GDPR that came into force in 2018 allows for victims whose information has been exposed or misused to be able to claim compensation. You can be entitled to claim damages for any distress caused and for any financial losses as well. Generally speaking, the more you suffer, the more the data breach compensation pay-out could be.
A really important thing to know is that the GDPR fines that the Information Commissioner’s Office (ICO) issues are not intended to be compensation for victims. When it comes to justice for the victims, you should speak to a lawyer! As a law firm, here’s out advice in how to make a GDPR claim.
A Medway Council data breach incident has been discovered by a security researcher after “rudimentary” tests found a bug in a system that may have exposed personal data.
Council data breach compensation claims are increasingly common these days, and a lot of it is likely down to a lack of investment in security and technology. One of the most common types of legal cases we take forward involve local authorities or the agencies they employ, and we regularly see these kinds of breach stories hitting the news.
In this case, it appears that an issue with an online inquiry form may have allowed anyone to access the personal information of some residents.
The Information Commissioner’s Office (ICO) has issued a fine in the wake of a documentary that was filmed that led to the Addenbrooke’s Hospital data breach relating to patient consent.
London-based production company behind the filming, True Visions Productions (TVP), were fined £120,000.00 for unlawfully filming in a maternity clinic. As the incidents took place before GDPR, they have been fined in accordance with the previous rules where maximum fines could reach up to £500,000.00; unlike the recent record-setting fine of £183m issued to British Airways.
Filming took place between 24th July 2017 and 29th November 2017 and ceased following complaints received by the ICO. The ICO said: “A patient attending the clinic would not have reasonably expected there to be cameras in examination rooms and would expect to be made aware of any filming.”
The recent record-setting British Airways and Marriott fines that are to be enforced by regulators show the importance of cybersecurity to prevent breaches, and justice for the victims when an incident occurs.
What we saw was two major organisations whose systems were breached when we should be able to expect big corporations to protect our data. We should be able to safely assume that these large, wealthy organisations can – and will – invest in solid cybersecurity. But both have undoubtedly fallen short, and the result is huge fines and claims for compensation for the victims.
The levels of the provisional fines to be enforced shows how seriously the Information Commissioner’s Office (ICO) is taking breaches of GDPR. The compensation actions that we represent people for are the way forward when it comes to justice for victims, which is not accounted for as part of regulatory fines.
A number of people have been unsure as to how the £183m BA GDPR fine works in relation to compensation. They are two separate things, and here’s how it works.
Firstly, the record fine is the current proposal, and British Airways and their owner (IAG) can appeal the decision. Whether any appeal will be successful remains to be seen, but crucially, this is not yet the final fine. However, there will likely be a fine. Even if an appeal is successful, we expect that the Information Commissioner’s Office (ICO) is still going to issue a fine.
In terms of compensation, this is dealt with separately as part of a pending group action that you can sign-up for here.
The British Airways compensation deadline for the pending group action we’re representing people for could come around incredibly fast.
The lawyers acting for BA appear to be wanting a quick cut-off date which could see this close off as the fastest Group Litigation Order (GLO) ever processed. As such, we must warn anyone who has yet to join that the deadline for submitting a claim could be very, very soon.
You can sign-up to join the action now, and we recommend that you do so as a matter of urgency. Missing the deadline could mean losing your chance to claim compensation as a victim of the 2018 data breaches.
With this week’s news focused on big GDPR fines for British Airways and Marriott, we can only assume that more fines are on the way.
Our lawyers are fighting for justice in over 25 different data breach group and multi-party actions. That shows just how many big legal cases we’ve taken forward, and some of the incidents took place after GDPR was introduced last year. The BA Group Action is one of those, and the initial fine of £183m shows just how serious the Information Commissioner’s Office (ICO) is on punishing offenders.
With the likes of the Ticketmaster data breach and the Well Pharmacy incidents yet to involve penalties, we expect more big fines to be on the horizon.
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