As data breach & Cybercrime cases are so varied here are some examples of past cases.

Man finds new owner of his computer console online using his login details

Your data is a valuable commodity, but all too often the businesses we trust do not protect this as well as they should do. So, it’s no wonder that data breaches are on the rise.

What happened in this case?

Mr Andrew* sold his games console to a high street retailer under its ‘buy back’ service. This gave him the option to repurchase it at a later date. However, Mr Andrew didn’t take up this offer, and his console was then sold on.

Disturbingly, Mr Andrew then saw the person who bought his console online, using his login details. The new owner had access to his personal information and some of his bank details. Understandably this caused Mr Andrew a great deal of distress.

According to the retailer’s data protection protocols, every console should be erased of all personal information before it is sold to a new customer. In this case, this didn’t happen.

How did we help?

After searching online for a data privacy solicitor, Mr Andrew contacted Hayes Connor for our help. He gave us a call and found us easy to talk to. Next, we sent him a detailed questionnaire which he filled out and returned along with some supporting documents so we could review his case.

We took on Mr Andrew’s case on a no-win, no-fee basis. We instructed our appointed barrister to provide expert advice on his prospects of success and the amount of compensation he might win. At this stage, we also gathered additional evidence from Mr Andrew.

Then we sent a letter before action (LBA) to the retailer. The LBA let the business know that we would be starting proceedings against it and that we were very serious about getting Mr Andrew the compensation he deserved.

The retailer responded, attempting to justify why it felt Mr Andrew’s claim was not relevant. However, we replied setting out why it was, and we requested that they supply a number of documents as evidence.

At this stage, we also sent a ‘Part 36’ offer to the retailer. This is designed to encourage parties to settle disputes without going to trial. However, the company rejected this offer and referred us to PlayStation’s guidance when selling on a games console.

In response, we re-requested that the retailer confirm the guidance it provides employees before selling on electronic devices. And, following this, the buisness made Mr Andrew’s an offer of £2,000. We suggested that this should be increased to £3,000 (and costs) and this offer was accepted.

Mr Andrew found working with Hayes Connor Solicitors “really easy and very helpful.” When asked if the documentation we sent was easy to understand he said: “Yes definitely and if I didn’t understand they made me understand straight away.”

Mr Andrew is happy with the result of his case and the excellent service he received. Speaking about his overall view of making a data breach claim he said that he is “really satisfied with Hayes Connor and would never have to think twice about recommending them to anyone else”.

Data breaches by private companies

Private companies must be held accountable for data losses. With large-scale, high-profile hacks and breaches happening more and more often, this could be the only way to ensure that businesses implement more secure processes.

Most data breaches are preventable. However, companies don’t like investing in cybersecurity, updating their systems, or training their staff. Where your data has been put at risk or misused because of the negligence of others, it’s essential that you are compensated, and action is taken to make sure it never happens again.

At Hayes Connor Solicitors, we’ve been helping people to do just that for over 50 years, so we know what it takes to make a successful data breach compensation claim.

Find out more about making a NO WIN NO FEE compensation claim, or contact us today for a free initial assessment.

*Name has been changed.

Woman’s driving licence shared without her permission by a local council

The public sector is privy to a wide range of our sensitive information and this data is regularly shared between organisations as part of modern governance and the delivery of public services. But, all too often this data is put at risk by government organisations.

What happened in this case?

The secretary of a committee informed Mrs Timlin* that the local council had emailed them a copy of her driving license.

Concerned that her data had been breached, Mrs Timlin searched online for a data breach solicitor and then emailed Hayes Connor to find out if we thought the case was worth taking on.

How did we help?

We agreed that Mrs Timlin’s data had been breached and took her case on a no-win, no-fee basis. We sent Mrs Timlin a detailed questionnaire which she filled out and returned along with some supporting documents so we could prepare her case.

Next, we instructed our appointed barrister to provide expert advice on Mrs Timlin’s prospects of success and the amount of compensation she was entitled to for the data breach.

Then we sent a letter before action (LBA) to the council. The LBA let the local authority know that we would be starting proceedings against it and we were very serious about getting Mrs Timlin the compensation she deserved for the distress caused by the violation.

The council responded, attempting to justify why it felt her claim was not valid. However, we replied setting out why it was, and we requested that they supply a number of documents as evidence. We also sent a ‘Part 36’ offer to the authority. This is designed to encourage parties to settle disputes without going to trial. This offer was accepted.

Commenting on her experience, Mrs Timlin said: “Highly professional and very informative, every step of the way. Also been very helpful! After this experience I can’t think of anything at all that could improve your service. Everything was explained to myself in a straightforward way, and I certainly would recommend Hayes Connor, without a doubt! Absolutely fantastic!”

Local government data breaches

Despite the threat of crime, all too often it’s human error that is often to blame for data breaches. If you have suffered damage or distress caused by an organisation breaching any part of the Data Protection Act, you have a right to claim compensation.

At Hayes Connor Solicitors, we’ve been helping people to do just that for over 50 years, so we know what it takes to make a successful central or local government data breach compensation claim.

Find out more about making a NO WIN NO FEE compensation claim, or contact us today for a free initial assessment.

*Name has been changed.

Breach of data leading to employment dispute

Jane* was referred to a qualified third-party for a standard workplace assessment. This assessment was designed to make sure Jane had everything she needed to reach her full potential in her job. However, the party conducting the evaluation added sensitive personal information about her to their report and gave this to her employer.

This information was not relevant to the assessment Jane undertook. Worse, it led to a dispute between Jane and her employer over the disclosures she made while applying for her job.

In response, Jane made a data breach claim against the workplace assessment provider. As well as claiming for the initial breach of her sensitive information, she also claimed damages for the loss and injury she suffered by the infringement when this knowledge was used against her.

Today, such unlawful disclosures are all too familiar, and in such cases, this can result in complex anxiety and stress. But in such situations, you can claim damages for any psychological injuries caused by the breach of your personal data. If you find yourself suffering, make sure you seek appropriate medical attention as soon as any symptoms arise so that the impact can be adequately assessed.

*Not real name

Data breach leading to increase in unwanted spam

Paul* was the subject of a data breach when his employer was hacked and his personal and sensitive financial information was put at risk.

As a direct result of that hack, Paul was subsequently bombarded with unwanted spam calls and text messages, some of which became quite personal. This proved to be very distressing and resulted in Paul and his family suffering from distress and worry. Paul was diagnosed with an anxiety-related psychological condition that would require treatment to help him fully recover.

As the spam could be traced back to the original data hack, Paul was able to claim for the breach of his data and the injury caused.

Unfortunately, this situation is not limited to employers as such data is often held by public organisations, GPs, finance houses and public service suppliers. If you feel that your data has been compromised and you can track any increase in unwanted calls, entails, texts etc. back to that breach, you may have a claim for compensation. In the first instance you should report the breach to the ICO so they can investigate.

*Not real name

Data breach due to processing error

A public services report that identified sensitive and personal information about Sarah* and her family was mistakenly posted to a random person. The most likely cause of the breach was a processing error when sending the report with a covering letter. Unfortunately this is a common yet dangerous occurrence in large and small organisations.

As a result, Sarah felt compromised in her dealings with the public body, and became stressed and anxious that the information would fall into the wrong hands. She was able to make a data breach claim which took into account the initial breach and the subsequent impact.

*Not real name

LET US HELP YOU

With strict time limits in place for most cases, if you want to claim compensation for your injury or injustice, contact our professional and friendly team today.

© 2018 Hayes Connor Solicitors - Hayes Connor Solicitors is a trading style of FD Law Ltd who are regulated by the Solicitors Regulation Authority, SRA number 632067. Registered Office; First Floor, Old Town Hall, Victoria Square, Widnes, WA8 7QZ. We do not accept service by fax or electronic means. - Enfold WordPress Theme by Kriesi