Data Breaches

Data Breaches FAQS

Below, we have answered some frequently asked questions concerning data protection breaches

• What laws govern data protection in the UK?

  The primary laws governing data protection in the UK are:

  • The UK General Data Protection Regulation (UK GDPR)
  • The Data Protection Act 2018 These laws set out the rights of individuals and the obligations of organisations handling personal data.

• Who regulates data protection in the UK?

  The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

• Can I make a claim for a data breach?

  If you’ve suffered damage (financial loss or distress) as a result of a data breach, you may be entitled to compensation. You can make a claim against the organisation responsible for protecting your data.

• What types of data breaches can I claim for?

  You can claim for various types of data breaches, including:

  • Unauthorised access to your personal data
  • Loss or theft of your personal information
  • Sharing of your data without your consent
  • Failure to update or delete your data upon request

• How long do I have to make a data breach claim?

  In most cases, you have six years from the date you became aware of the breach to make a claim. However, it’s advisable to act as soon as possible while evidence is fresh.

• What compensation can I expect from a data breach claim?

  Compensation can vary widely depending on the nature and impact of the breach. It may cover:

  • Financial losses
  • Emotional distress
  • Loss of privacy
  • Costs of identity theft protection

• What should an organisation do if accused of a data breach?

  If your organisation is accused of a data breach:

  1. Investigate the claim thoroughly
  2. Assess whether a breach has occurred
  3. If a breach is confirmed, report it to the ICO within 72 hours if required
  4. Inform affected individuals if there’s a high risk to their rights and freedoms
  5. Seek legal advice to manage potential claims

• Can an organisation defend against a data breach claim?

  Yes, organisations can defend against data breach claims. Possible defences include:

  • Proving that reasonable steps were taken to prevent the breach
  • Demonstrating that the claimant hasn’t suffered any loss or damage
  • Showing that the incident doesn’t meet the legal definition of a data breach

• What penalties can organisations face for data breaches?

  Organisations can face:

  • Fines of up to £17.5 million or 4% of annual global turnover (whichever is greater) for the most serious breaches
  • Enforcement action from the ICO
  • Compensation claims from affected individuals
  • Reputational damage

• How does the claims process work?

  The typical process involves:

  1. Initial assessment of the claim
  2. Gathering evidence
  3. Sending a letter of claim to the organisation
  4. Negotiation or alternative dispute resolution
  5. Court proceedings if a settlement can’t be reached

• Do all data breach claims go to Court?

  No, many claims are settled out of court through negotiation or alternative dispute resolution methods. Court proceedings are typically a last resort.

• How long does a data breach claim take?

  The duration can vary significantly depending on the complexity of the case and whether it goes to Court. Simple cases might be resolved in a few months, while complex cases can take a year or more.

• Do I need a solicitor to make a data breach claim?

  While it’s possible to make a claim without a solicitor, the laws surrounding data protection are complex. A solicitor can help you navigate the process, assess the strength of your claim, and maximise your chances of a successful outcome.