Data breaches have become more common. According to Ponemon Institute’s data breach cost average, it is $3.86M per incident. This represents a significant rise over the past few decades when the cost average was just under $1 million.
Do you recall the high-profile breach of data in May 2018 when hackers stole information belonging to almost 50 million Equifax Inc. customers, a credit bureau based in Atlanta? You likely don’t remember because there have so many others data breaches of significance.
Data breaches are far more common than we like to admit. Cyber-attacks are inevitable and can cause extensive damage to individuals and businesses whose data is lost or abused by malicious entities.
You are not helpless if your data is compromised by a cyber attack. You can file a claim. Let’s say the event was caused by the negligence of a data-controller (which is any company or organisation who has your personal information). You can then file a claim for compensation if you have suffered a loss due to a data breach. If you have any concerns, please contact us. your data has been breached If you want to know more about the subject, this guide will give you the basic information on data breach claims.
What counts as a Data Breach?
According to recent figures provided by the UK GovernmentIn the 2020-2021 timeframe, 39% businesses and 26% charities participating in the study experienced cyber-attacks or breaches. Cyber attacks are increasing, but people still do not understand how and why they happen.
When a security breach occurs, data breaches are when private information of an individual is lost, destroyed, altered, accessed, misused or revealed by an unauthorised person. Personal data includes any information about an individual that could be used to identify them. Name, address, contact information, biometric data and health data, as well as financial information are all included.
Human error, accidents or intentional actions It can come in many different forms. In some cases, companies may send your details to third parties without your permission, or hackers can break into their systems and steal credentials. Data breaches are most commonly caused by:
- Phishing Attacks
- Distributed Denial Of Service (DDoS)
- Ransomware
- Malware
- Password attacks
- Eavesdropping attacks
Also, don’t forget biometric data and surveillance video.
Understanding UK GDPR Compliance
The Data Protection Act, which is the General Data Protection Regulation for the UK (GDPR) following the UK’s exit from the European Union, outlines the laws governing data privacy and security on UK territory.
According to Information Commissioner’s Office’s (ICO), the UK GDPR was based on 7 principles:
- Lawfulness
- Fairness and transparency
- Purpose limitation
- Data minimisation
- Accuracy
- Storage limit
- Integrity
- Confidentiality
- Accountability
If an organisation that collects or stores sensitive data from individuals suffers a breach of security that could potentially affect their rights, freedom and well-being, they are legally required to notify the ICO within 72 hour of the incident.
Imagine that this data breach occurred because the organisation did not comply with the GDPR or the principles above, and you were affected. You are entitled to sue the organization for a breach of data and claim compensation.
Data Breach Claim Timeframes
For data breach claims, there are time limits. Know your rights and know when to make a claim for a data breach so that the process can occur. If you delay your claim, you may lose your right.
Research and plan ahead. You have the right to file a claim in case you feel you have been unfairly affected by the loss or misuse of your data.
Act within 12 Months
The time frame for filing a breach of data claim can vary from case to case depending on a number of factors. If you wish to make a data breach claim against an institution such as a local council, a hospital or police department, you have one year in which to do so.
Act within six Years
You have six years in which to bring a claim against a commercial entity. Although it may seem like an eternity, it’s better to start proceedings as soon you can so that you have time on your side.
Going to Court vs. Reaching an agreement Going to Court
The most common concern is that they may have to take the matter to court to recover compensation for a data breach.
In many cases, the company responsible for the data breach will agree to settle outside of court. You must agree to a settlement without involving the court.
You will need to go to court if the scenario you expect does not happen and if your organization refuses to give you a fair amount of compensation. Based on the evidence you provide and the details of the case, the court decides if your claim has merit and if compensation is due. The court will determine the amount of compensation based on the severity of your damages.
The legal landscape can be confusing for those who are not familiar with it. It is best to consult a data breach attorney before going to court. They can guide you through the process. If you need to take your case to court, a professional with experience can help you. This will increase your chances of getting a fair settlement.
This is not legal advice. Before making any decisions about data breach claims, always consult with the experts and get their legal advice.
