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hayes connor
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Is the law is evolving when it comes to data protection?

Last year, our managing director Kingsley Hayes revealed the key data privacy trends that our firm has seen since the General Data Protection Regulation (GDPR) came into force. You can read more about these trends here.

One of these insights is that the law is still evolving when it comes to data protection.

What are we seeing?

Data privacy is still a relatively new area of law. So alterations are to be expected. But, over the past two decades, privacy and data protection laws have changed significantly. Not least because of advancements in technology which have transformed the way we all use personal data.

Certainly, the GDPR altered the legal landscape forever. The most significant change to data privacy regulations in over two decades, its purpose is to strengthen and unify data protection for all. But the GDPR was only the start of the data privacy evolution. And recently we have seen even more amendments.

Data privacy and data protection are more closely connected

Data privacy and data protection are very closely interconnected, but they are not the same thing.

  • The Data Protection Act (the UK’s interpretation of the GDPR) provides rules for how an organisation can collect, use and disclose personal information
  • Privacy laws in the UK create a balance between an organisation’s need to collect personal information and an individual’s right to maintain their personal privacy.

Today there is more emphasis on the relationship between privacy rights and data protection from a legal perspective. And this is good news for individuals as it means we can start a claim based on more than one ground (i.e. for the misuse of private information and for breach of data protection obligations).

It is possible to bring a compensation claim for distress?

Until recently, a person who suffered damage (e.g. a financial loss) might have had their compensation increased to take into account any associated distress, but in most cases, payment would not have been awarded for suffering alone.

However, in December 2017, the landmark High Court ruling in the Morrisons supermarket data breach case paved the way for those affected by data breaches to claim damages for distress, even if they have not suffered any financial loss.

Organisations can be held accountable for breaches caused by employees

The Morrison’s data breach case had another far-reaching implication. In this case, a disgruntled employee published the payroll data of almost 100,000 staff online.

Despite acknowledging that Morrisons had taken all the appropriate steps to prevent a breach, the High Court found that the company was primarily liable for its own acts and omissions (such as not ensuring the proper security measures to protect the data).

Crucially, the judge also ruled that Morrisons was “vicariously liable” for the employee’s actions. In a workplace context, an employer can be vicarious liability for the actions of its employees, as long as it can be shown that they took place in the course of their employment.

This means that it is now possible to hold organisations to account for data breaches caused by employees.

Furthermore, the Ticketmaster data breach case is also addressing the issue of whether it is possible to hold a company responsible for violations by third-parties.

Indeed, over the last few months we’ve talked to hundreds of people who have been affected by this shocking privacy breach, and our Ticketmaster compensation claim on behalf of 650 claimants is now ready to proceed. So, if you want to be included in our NO WIN, NO FEE claim, it’s vital that you act now.

No two cases are the same

Crucially the law now realises how important it is that cases are assessed in detail and on their unique merits. As such, the courts looking at a wider-range of factors when deciding on appropriate compensation (e.g. the consequences of the misuse of data, what information was breached, etc.).

Leading by example

At Hayes Connor, we want to reduce the number of data breaches taking place across the UK. To do this, we are helping to raise awareness of this issue and educating people and businesses to prevent data privacy violations from happening.

For more advice on how to keep your data safe, follow us on Twitter and Facebook.

Alternatively, if you have been the victim of a data breach or cyber fraud, find out how we can help you to recover any losses or give us a call on 0330 995 0070 to discuss your case in more depth.

 

compensation
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Banks to pay push payment scam compensation

A number of leading banks have agreed to contribute to a fund for victims of push payment scams.

Push payment scams happen when cybercriminals trick someone into sending them money by pretending to be someone else. Push payment scams saw £148 million lost in the first half of 2018.

Banks that have signed up to the new push payment scam compensation fund include Barclays, HSBC, Lloyds and RBS. Other banks such as Santander and Nationwide, have also made a similar commitment.

Historically, banks have avoided paying push payment scam compensation to victims unless there was a fault in their processes. This is because the customer authorised the payments.

The scheme will be introduced as an interim measure until a permanent solution can be agreed. It is expected that banks will reimburse somewhere between £30million and £40million more in push payment compensation in 2019 as compared to last year.

How to protect yourself from push payment fraud

Action Fraud – the national fraud reporting service – recommends taking the following advice to stay safe:

  • Be suspicious of requests to transfer money by bank transfer or virtual currency instead of safer methods (e.g. credit card or payment services such as PayPal)
  • Trust your instincts. If something feels wrong then it is right to question it
  • Don’t pay for goods or services unless you know and trust the individual or business
  • Be aware that personal information obtained from data breaches is making it easier for cybercriminals to create highly targeted phishing messages and calls
  • Don’t assume a person/organisation is genuine just because they’re able to provide some basic details about you
  • Always be suspicious of unsolicited requests for your personal or financial information.

Also, it’s important to understand that your bank would not:

  • Ask you to share any sensitive information about yourself or your accounts, like your PIN or full banking password
  • Ask you withdraw or transfer money for safekeeping
  • Send someone to your home to collect cash, a PIN, cards or cheque books
  • Try to panic you out of taking security checks.

A win for consumers

Commenting on the new push payment scam compensation fund, a spokesperson at consumer group Which?, said: “This long-awaited move to ensure victims of bank transfer scams are properly reimbursed when neither they nor the bank is at fault is a major victory for consumers.

“The banks must now act to ensure this scheme is implemented swiftly so consumers can have confidence that losing life-changing sums of money to this type of fraud is a thing of the past.”

What can you do if you are the victim of push payment fraud?

If you have been the victim of an attempted push payment scam, you should contact Action Fraud. However, if you have lost money as a result of the scam, you must also report it as a crime. You should also notify your bank ASAP.

At Hayes Connor Solicitors, we want to reduce the number of data violations and successful cyber scams taking place across the UK. To do this, we are raising awareness of this issue and educating people to help stop fraudsters in their tracks.

For more advice on how to keep safe, follow us on Twitter and Facebook.

Alternatively, if you have been the victim of a push payment scam, find out how we can help you to recover any losses or give us a call our office to discuss your case in more depth. We can help you to claim compensation and steer you through the aftermath of a bank or credit card scam – minimising the impact on you as much as possible.

data breach
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Financial Services data breaches have risen by 480%

According to recent research[1], UK financial services firms reported a whopping 480% more data breaches in 2018 than in 2017. And, in the sector, retail banking saw the most substantial rise in the number of data breach reports, jumping a staggering 2400%.

But why are we seeing this increase?

Financial data breaches are on the rise

Hacking is now big business and organisations that hold financial data are a particularly lucrative target. For example:

But in many cases, its human error rather than cybercrime that is the biggest cause of financial data breaches. And, these errors are just as likely to happen offline. In a recent case, our solicitors saw the impact of what can happen when a person’s financial information was sent to the wrong address by mistake.

Cybercriminals are becoming increasingly sophisticated

While the majority of attackers are still going after easy “low-hanging fruit” there are signs that cybercriminals are becoming increasingly sophisticated.

For example, AI-assisted imposters are set to become an increased threat. With machine-learning helping to make existing cyber-attack efforts like identity theft, denial-of-service attacks and password cracking faster, more formidable, and more effective.

Furthermore, as we move deeper and deeper into the Internet of Things (IoT), more and more devices and data are going to be connected to the internet. Keeping these safe from hackers is going to be an ongoing challenge.

Self-reporting has increased

The General Data Protection Regulation (GDPR), now requires organisations to report data breaches within 72 hours or face penalties. This is also likely to be a critical factor in the increase of reports. It is also probable that we will continue to see a dramatic increase in data breach reports now that self-reporting is mandatory.

On a positive note, some experts suggest that businesses are getting better at identifying and reporting cyberattacks. And if the financial services industry is now taking cybersecurity more seriously, this can only be a good thing for customers.

Awareness is crucial

At Hayes Connor, we believe that raising awareness of the growing cybersecurity threat will help organisations across the UK improve their data protection processes. But it’s also vital that we all do our bit to protect ourselves as individuals.

When it comes to protecting yourself from financial fraud, UK Finance offers the following advice:

  • Never disclose security details, such as your PIN or full banking password
  • Don’t assume an email, text or phone call is authentic
  • Don’t be rushed – a genuine organisation won’t mind waiting
  • Listen to your instincts – you know if something doesn’t feel right
  • Stay in control – don’t panic and make a decision you’ll regret.

In addition, we would suggest that you also:

  • Keep an eye on your bank and credit card statements to see if there is anything you don’t recognise
  • Make sure you read your credit card statements and other letters that come from your bank

If your identity has been stolen, you should:

  • Contact your bank/credit card provider immediately
  • Consider a credit freeze until the matter is resolved
  • Report the scam to the police and contact Action Fraud for advice on what to do next
  • Let the credit reference agencies know of any activity that was not down to you
  • Register with the Cifas protective registration service. This will slow down credit applications made in your name with additional verification checks made to ascertain that the applicant is actually you.

For more advice on how to keep your data safe, follow us on Twitter and Facebook. Alternatively, if you have been the victim of a data breach or cyber fraud, find out how we can help you to recover any losses or give us a call our helpline number to discuss your case in more depth.

 

[1] RPC

PUSH PAYMENT
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Scheme to better protect banking customers from push payment scams is delayed

Push payment scams happen when cybercriminals trick someone into sending them money. They do this by contacting you via phone, email or social media and pretending to be someone else.

Last year push payment scams cost nearly £150million in the first six months alone.

Typical push payment scams include:

  • Sending fake invoices that look exactly like ones people are expecting (e.g. from a child’s school or a legitimate tradesperson)
  • Convincing people to transfer money to someone official (e.g. such as a solicitor when buying a house)
  • Conning people to move cash into fraudulent bank accounts
  • Sending emails pretending to be from a friend asking for money.

In response, a new system which alerts anyone making a payment if the recipient’s name doesn’t match their bank account number is being introduced. The Confirmation of Payee system has been designed to protect banking customers from push payment scams better.

However, a UK Finance boss has told MPs that the new system will be delayed because it requires a complex change in banks’ IT and processing systems.

Why are push payment scams so popular with cybercriminals?

In most cases, the push payment scam is successful because the victim believes the fraudster to be genuine. And because only account numbers and sort codes are currently used to establish where payments are being sent, the banking system makes it easy for scammers to trick people into sending them money.

However, the new system will alert customers when they are about to transfer money into the account of someone with a different name to the one they believe they are sending a payment to.

Can people get their money back after push payment scams?

Historically, banks and other organisations have avoided paying push payment scam compensation to victims. This is because the customer authorised the payments. However greater protections have now been introduced to help victims of push payment scams to secure compensation. But, to get your money back, you must be able to show that you were not to blame for the fraud.

What is happening to protect people from push payment scams?

As well as the new Confirmation of Payee system there are some other changes to be aware of. For example, in the past, you could only complain to your own bank if you were scammed into transferring money. However, you can now also complain to the bank that received your cash (the bank that the fraudster used). This rule has been introduced to encourage banks to do more to identify when cybercriminals are using their services.

If you’re not happy with the response from the banks, you can also refer your complaint to the Financial Ombudsman.

The Ombudsman has highlighted the “increasing sophistication of criminals’ methods”. It argues that in many such scams, “people are often manipulated into thinking their money’s at risk”. And that this is something it will “think carefully about before deciding whether someone’s acted in a way that goes beyond what might be described as careless.”

However, even where you do have a claim for reimbursement, fraud victims whose banks refuse to refund their losses can see the appeal process drag on for months. In fact, the average wait for those taking their case to the Financial Ombudsman Service is a staggering 215 days.

So banking customers must remain vigilant.

How to protect yourself from push payment fraud

  • Understand that your bank (or the police etc.) will never:
    • Ask you to share any sensitive information about yourself or your accounts, like your PIN or full banking password
    • Ask you to withdraw or transfer money for safekeeping
    • Send someone to your home to collect cash, a PIN, cards or cheque books
  • Always question who you’re talking to. If in any doubt call them back using trusted contact details (you can usually find these on your bank cards)
  • Be aware that scammers might have information about you such as your name, email address, phone number etc.
  • Don’t be pressured or rushed into anything. A legitimate organisation would never try to panic you out of taking security checks
  • Leave the conversation if it makes you at all uncomfortable.

Reporting push payment fraud

If you have been the victim of an attempted push payment scam, you should contact Action Fraud ASAP. Action Fraud is the national fraud reporting service. However, if you have lost money as a result of the scam, you must also report it as a crime.

At Hayes Connor Solicitors, we want to reduce the number of data violations and successful cyber scams taking place across the UK. To do this, we are raising awareness of this issue and educating people to help stop fraudsters in their tracks.

For more advice on how to keep safe, follow us on Twitter and Facebook.

Alternatively, if you have been the victim of a push payment scam, find out how we can help you to recover any losses or give us a call our helpline to discuss your case in more depth. We can help you to claim compensation and steer you through the aftermath of a bank or credit card scam – minimising the impact on you as much as possible.

 

data breach
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Charity data breaches double over past two years

According to figures obtained from the Information Commissioners’ Office (ICO), the number of reported data breaches from charities has doubled. In 2017/18 there were 148 data security incidents referred to ICO by charitable and voluntary organisations. That’s a 100% increase over two years.

The rise in charity data breaches reflects a growing trend across all sectors. In fact, over the past two years, general business has seen a 215% increase and education and childcare organisations a 142% rise. On average, the number of reports across all sectors has grown by 75%.

The figures were obtained by risk management firm Kroll via a Freedom of Information Act request.

The General Data Protection Regulation (GDPR), which requires organisations to report data breaches is thought to be a key factor in the increase of reports. And it is likely that we will continue to see a dramatic increase in data breach accounts now that self-reporting is mandatory.

A Kroll spokesperson said: “Reporting data breaches wasn’t mandatory for most organisations before the GDPR came into force, so while the data is revealing, it only gives a snapshot into the true picture of breaches suffered by organisations in the UK”.

Charity data breaches in the spotlight

Earlier this month it was revealed that a review of eight charities by the ICO uncovered many concerns around data monitoring, reporting and training. As the charities involved voluntarily took part in the ICO risk review, they have not been named.

In addition, earlier this year the British and Foreign Bible Society was fined £100,000 for failing to protect the personal data of 417,000 of its supporters. Following an investigation by the Information Commissioner’s Office (ICO), it was revealed that the Society exposed these supporters to possible financial or identity fraud.

With data breaches often causing significant distress for those affected, victims of the British and Foreign Bible Society data breach may now want to claim compensation. Find out more about this case.

Making a charity data breach claim

Many people donate to charities and causes they care about. But, while you might support them in their aims, it is vital that they meet their obligations when it comes to protecting your sensitive data.

Where they fail to do this, holding them to account is often the only way to ensure standards are improved. Often charities and organisations are insured against data breaches, so you don’t have to worry about the impact of the good work you support.

What’s more, it doesn’t matter if criminals haven’t used your data. If the data breach has caused you stress or anxiety, then the law agrees that you are entitled to compensation.

If you are worried that a charity has put your data at risk in any way, find out more about making a data breach compensation claim, or contact us today for a free initial assessment.

 

data protection
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Massive NHS data breach. Are you affected?

According to damming new research by a leading think tank, the NHS saw nearly 10,000 documents either stolen or missing last year. The massive data breach affects 68 hospitals.

According to the findings:

  • University Hospital Birmingham was the worst affected with 3,179 missing documents
  • Bolton NHS Trust suffered a significant data breach with 2,163 documents lost
  • University Hospital Bristol also lost 1,105 records
  • Royal Devon and Exeter NHS Foundation Trust revealed that 425 of its records had been lost or stolen.

The information was collated via a Freedom of Information request pertaining to lost and/or stolen patient records. You can read the report in full here.

Reasons for the data breaches are said to include outdated and insecure methods of documentation, and cheap vulnerable means of recording. For example, 94% of NHS Trusts still use handwritten notes for patient record keeping and encrypted platforms are not thought to be widely used.

In June this year, we revealed that 150,000 patients have had their confidential data used without consent in another major NHS data breach. In this case, confidential personal data, given on the basis that it was to be used to provide medical care, was exploited for clinical audit and research purposes by the NHS, without the consent of patients. We have also looked at how healthcare accounts for nearly half of all data breaches.

In addition to human error the health service remains a top target for hackers. For example, one of the largest and most infamous cyberattacks on the NHS was the WannaCry attack in 2017.

So, with identity fraud and sales of patient records on the dark web on the rise, it is vital that the NHS does more to protect our sensitive information.

Have you been affected by the latest NHS data breach?

If you have suffered damage or distress caused by a medical or other healthcare 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 medical data breach compensation claim.

With strict-time limits in place for making most compensation claims, if you want to achieve maximum recompense in the minimum amount of time, it’s essential to act now.

Start a claim for compensation

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Making a compensation claim helps to address the real-life impact of data breaches

At Hayes Connor Solicitors, we help our clients to make compensation claims after their data has been put at risk by the organisations they trust to look after it.

In some cases, these data breaches are massive news stories following hacks against the likes of Ticketmaster, Equifax and British Airways. But, every day, we also help people come to terms with smaller data breaches that have a severe and often lasting impact on them.

But, although we believe that these organisations must be held to account for their failure to protect our personal information, all too often people who make a data breach claim are accused of “trying to get something for nothing”. So let’s set the record straight.

The impact of cybercrime can be devastating

Cybercrime can result in both financial and/or identity theft. And the result of either of these can be devastating. With enough information, cybercriminals can apply for credit in your name, set up fraudulent bank accounts and access your existing accounts.

Following last year’s Ticketmaster data breach, 63% of all the clients we took on suffered multiple fraudulent transactions on their payment cards.

Worryingly, getting your money back following a scam is not always easy. For example, in a recent example of takeover fraud, a customer of the Royal Bank of Scotland (RBS) had more than £4,300 stolen from her account despite the fraudulent caller answering one of her security questions incorrectly. Despite the failure in their processes, the bank maintained that the customer was aware of the transaction and refused to refund her. Find out more about this case.

Claiming for distress isn’t an overreaction

Even if you haven’t lost out financially after a data breach, this doesn’t mean that there is “no harm done.”

A personal data breach is a 21st-century version of being burgled. If a criminal came into your home and stole your private information, you would be distressed. So why should you feel any less upset at having your online data taken?

Following last year’s Ticketmaster data breach, 31% of all our clients involved in this case suffered from distress and/or psychological trauma as a result of having their card details stolen and used in fraudulent activity.

Being the victim of a crime can have a significant impact on you mentally and physically. Of course, everyone reacts differently, but for some people, the effects can include a lack of sleep, feeling ill, unsettled or confused. Stress can also affect your friends, your family and your job. So being told to just “get over it” isn’t helpful.

According to Victim Support: “The effects of crime can also last for a long time, and it doesn’t depend on how ‘serious’ the crime was. Some people cope really well with the most horrific crimes while others can be very distressed by a more minor incident”.

Even smaller data breach cases can have a huge impact. For example, in a recent case, our solicitors saw the impact of what can happen when sensitive information was sent to the wrong address by mistake.

Thankfully, over the last few years, people are waking up to the reality of mental health and there is a greater awareness about the lasting effects of psychological suffering and anguish. Crucially, the law agrees and recognises the amount of damage that can be caused by having your information stolen.

Holding organisations to account could be the only way to ensure they take your security seriously

The sheer scale of the information we share with organisations is enough to leave us all open to the threat of fraud, anxiety and stress. So it’s no surprise that we are worried about what could happen if this data gets into the wrong hands. As such, something has to be done to make companies accountable for any harm done.

Cybercriminals are becoming more and more sophisticated. But this doesn’t let these organisations off the hook. If they have done everything in their power to protect your data and have robust security processes and procedures in place, it is unlikely that a claim would be successful. In fact, this is why we usually wait for the results of an investigation by the ICO before starting a claim.

But the reality is that in most cases, data breaches happen because of a failure to implement reasonable and robust processes. So claiming compensation isn’t just in your best interests, the only way these organisations will be persuaded to take their responsibilities seriously and make the necessary improvements is by hurting their bottom line.

The real-life impact of data breaches

At Hayes Connor, we want to reduce the number of data violations taking place across the UK. For more advice on how to keep your data safe, follow our #notjusthackers campaign on Twitter and Facebook.

Alternatively, if you have been the victim of a data breach or cyber fraud, find out how we can help you to recover any losses or give us a call on 0151 363 5895 to discuss your case in more depth.

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Online defamation and libel: know your rights

Defamation is a bit of a hot topic at the moment. Earlier this year, writer and food blogger Jack Monroe won a libel action against Katie Hopkins, and was awarded £24,000 damages, for tweets which suggested that Monroe approved of defacing a war memorial during an anti-austerity demonstration in Whitehall. As a result of the fine, Hopkins had to apply for an insolvency agreement to avoid bankruptcy. Libel is a form of defamation.

Other instances where defamation has been brought into the public eye include where high-profile celebrities or businesspeople have brought an injunction to prevent the publication of material that would be damaging to their reputation (so-called gagging orders).

If you have been the victim of online defamation, it’s vital that you know your rights and what you can do to protect your reputation and achieve redress.

What is defamation?

Defamation is an all-encompassing term that covers any statement that damages someone’s reputation.

A defamatory statement can be made in:

  • Verbal form. This is classed as slander because only the spoken word is involved. Slander can be difficult to prove
  • Written form. This is classed as libel. A case for libel is easier to bring because evidence can be documented.

Defamation makes an ordinary person modify their opinions of another person as a direct result of hearing or reading the statement. Under UK law it is possible to defame businesses as well as individuals. A person that has suffered a defamatory statement can sue the person that made the statement under defamation law.

What is libel?

Online defamation tends to involve libel. You could accuse someone of libel against you if they:

  • Sent an email, or an email attachment defaming you, where that email is widely posted or forwarded
  • Made defamatory material available via a web page
  • Posted defamatory material to an email list or newsgroup
  • Streamed defamatory audio or video.

Anyone who actively transmits defamatory material may also be liable as part of any legal action.

What about freedom of expression?

It is accepted in a democratic society that individuals have a right to express their views and preferences. The internet offers great potential to do this.

Defamation is an abuse of this freedom of expression; where untrue statements may have a harmful impact on a person’s reputation.

It is critical to ensure that unfounded claims should not be allowed to damage a person’s reputation, but it is also vital for the law to balance such protections with the rights to freedom of expression. As such, the issue of defamation has become a much contested topic.

Of course, there is a balance to be had between one person’s right to protect their good name and another person’s freedom of speech. However, if someone has made an untrue statement about you, which was published on the internet, and which caused you injury, then you are entirely in your rights to sue for online defamation.

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The real-life impact of a large data breach

At Hayes Connor Solicitors, we’re helping victims of the Ticketmaster data breach to claim compensation after their data was put at risk.

But, some nine months after the breach, what are the real-life effects of the Ticketmaster data hack?

63% of all the clients we took on suffered multiple fraudulent transactions on their payment cards.

Cybercrime can result in both financial and/or identity theft. And, in this case the majority of our clients have gone on to suffer fraudulent activity.

What can you do to protect yourself from fraud?

With enough information, cybercriminals can apply for credit in your name, set up fraudulent bank accounts and access your existing accounts. And, getting your money back is not always easy.

Here are a few steps to help protect your cards from being used by hackers:

  • If you are worried that your banking details have been exposed, contact your bank immediately and ask them to keep a close eye on your account
  • Request a new card from your bank
  • Beware of fraudsters who attempt to gather personal information (phishing)
  • Report any suspected phishing attempts to the police and relevant authorities
  • Look out for any bills or emails showing goods or services you haven’t ordered, or any unfamiliar transactions on your account and alert your bank or card provider immediately if there is any suspicious activity
  • Keep an eye on your credit score for any unexpected dips. Call Credit, Experian and Equifax to ensure credit isn’t taken out in your name
  • Beware of any unsolicited communications that refer you to a web page asking for personal data
  • Register with a suitable fraud prevention service
  • Change your passwords on all your accounts
  • Never automatically save your card details online.

31% of all clients involved in this case suffered from distress and/or psychological trauma.

Following the Ticketmaster data breach, 31% of all our clients involved in this case suffered from distress and/or psychological trauma as a result of having their card details stolen and used in fraudulent activity.

Being the victim of a crime can have a significant impact on a person mentally and physically. Everyone reacts differently, but for some people, the effects can include a lack of sleep, feeling ill, unsettled or confused. Stress can also affect their friends, family and job.

Thankfully, over the last few years, people are waking up to the reality of mental health and there is a greater awareness about the lasting effects of psychological suffering and anguish. Crucially, the law agrees and recognises the amount of damage that can be caused by having your information stolen.

Make a Ticketmaster compensation claim with Hayes Connor Solicitors

At Hayes Connor Solicitors, we are investigating the options available for customers of the Ticketmaster group.

As Ticketmaster has already admitted the breach and informed customers, those affected should already know if their data has been put at risk.

To ensure that you are fully informed on this matter complete your details and we will notify you about the investigation and your legal rights when making a claim.

REGISTER YOUR DETAILS TODAY.

BA data breach
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What’s happening in the British Airways data breach group action?

Last year, almost 400,000 British Airways customers had their bank card details stolen in one of the most severe cyber-attacks in UK history. In response, our expert data breach solicitors are preparing to launch a British Airways data breach group action once the relevant investigations are complete.

What happened in this case?

British Airways has apologised after admitting that its customers’ details were stolen over a period of 15 days in a massive data breach. The attack put the personal and financial information of customers making bookings at risk. In total, about 380,000 transactions were affected.

We could be talking about one of the most serious data breach cases to hit the UK, so we quickly began to receive enquiries from concerned passengers.

Where are we up to?

We are currently preparing to launch a British Airways data breach group action. A group action is undoubtedly the best way forward for data breach claims of this nature. It allows people with the same type of claim to bring it together on a collective basis to strengthen their overall position and increase their chances of success.

We have also sent a ‘Letter of Claim’ to BA and their solicitors. This shows them that we are serious about pursuing potential litigation on behalf of our clients.

We have also met with other solicitors who are also pursuing claims against BA for the data breach. We believe that a joined-up approach with these solicitors will allow us to proceed on a similar footing with the other claimants, and maximise our chances of success.

Why claim against a victim of a cyber-attack?

It’s true that cybercriminals carried out a “sophisticated, malicious criminal attack” on the British Airways website.

But this doesn’t let BA off the hook. These hackers spent more than two weeks accessing data online before the hack was spotted and reported. This increases the risk substantially. So it’s unlikely that

BA did everything in its power to protect your data or had secure security processes and procedures in place.

The reality is that in most cases, data breaches happen because of a failure to implement reasonable and robust processes. So claiming compensation isn’t just in your best interests, the only way these organisations will be persuaded to take their responsibilities seriously and make the necessary improvements is by hurting their bottom line.

What should you do if you are worried?

For anyone worried that their data has been exposed by British Airways, you should:

  1. Determine what was stolen. To protect yourself as much as possible you need to know what kind of information was accessed in the data breach. British Airways should be able to advise you on this
  2. Contact your bank. If any financial information has been stolen, contact your bank or credit card provider immediately and explain that your account is at risk of fraud. As well as issuing a new card, the bank should be able to advise you if it detects suspicious activity on your account
  3. Change your passwords. If an online account (such as an email address) has been compromised, change the password right away. You should also change all other accounts that use the same password, and – if your email could be compromised – any accounts that could be accessed via your email. To keep you safe in the future, create a secure, unique password for each account (you might want to consider using a password manager to do this for you)
  4. Deploy additional security measures. If an app or website offers two-factor authentication to protect an account, use it
  5. Be vigilant. Beware of scammers using your stolen data against you. For example, don’t click on any links in emails asserting to be from your bank and always use the numbers they provide on their website if they ask to talk to you
  6. Sign up for a credit and/or identity-monitoring service. This will help you to monitor your financial accounts and sensitive personal information. Many organisations will offer such services free following a data breach but it’s important to check the small print. Be careful that in accepting any offer you are not giving away your rights to pursue a separate data breach compensation claim at a later date
  7. Keep a record. Make a list of all the accounts that could have been accessed and note down why you are concerned about them
  8. Inform the Information Commissioner’s Office (ICO) about your concerns. At present, the ICO is investigating the British Airways data breach. While it does not award compensation, if the ICO believes that the organisation in question broke the law, you can use this information in court to help prove your claim
  9. Contact Hayes Connor Solicitors ASAP. We’ll ensure that you are fully informed on this matter and will notify you about the investigation and your legal rights when making a claim.

To join our British Airways data breach group action compensation claim, you will need you to register with us. We’ll let you know what is happening in this case and if and when you can make a data breach compensation claim.

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