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Morrisons loses data breach appeal

Supermarket Morrisons has lost its appeal following a breach at the company which resulted in thousands of its employees’ details being posted online. The case is the first data leak group action in the UK.

In December 2017, in a landmark ruling, the High Court found Morrisons supermarket group liable for a mass data breach caused by the criminal actions of a rogue employee. However, Morrisons went on to challenge this decision.

The employee stole data from nearly 100,000 staff. This included names, addresses, salary and bank details. The information was then posted online and sent to newspapers. The media did not publish the data and Morrisons was informed of the breach. The employee was subsequently jailed for eight years.

The Court of Appeal upheld the original decision against the supermarket with three judges saying they agreed with the High Court’s earlier decision.

 

Where Next

Over the last 18 months, we have seen numerous examples of significant personal data loss. Many of these violations have been able to occur due to weaknesses contained in companies’ IT software.

As the trend towards a cashless society accelerates, this will only continue as retailers and other businesses seek quicker and slicker interfaces with their consumers. Both at the point of sale and throughout their customer journey.

In the case of Morrisons, significant steps were taken to protect data, but those steps failed. In this instance, the data was lost at the hands of an employee turned hacker. However, data is also at threat simply due to careless employees going about their day-to-day business.

The latest ruling is the tip of a very large iceberg. Mass data breach actions are also being made against Ticketmaster and British Airways among others. Such actions, when properly prepared and investigated, will have significant financial consequences in terms of damages and costs.

Data breaches on a large scale are a real and pressing threat. In response, the clear and overwhelming view of the Court of Appeal is that such events must be foreseen by companies, and insured against.

The reaction of the insurers to such events, their provision of cyber cover and premium costs is now under the spotlight. Indeed, we predict a situation where the volume of exclusions to policies will increase.

Companies must now protect themselves better from data loss. But they also need to be extremely vigilant as to the activities and errors of their employees to be afforded the cover they pay for, or think they pay for.

 

If you have been affected by this or any other data breach then you can get in touch with our experts today

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Can you make a data breach claim against Emma’s Diary?

The Information Commissioner’s Office (ICO) has fined Lifecycle Marketing (Mother and Baby) Ltd (LCMB), £140,000 for illegally collecting and selling the personal information of over one million people.

LCMB, also known as Emma’s Diary, gives medical advice and free baby-themed goods to parents who download an app. The data broking company behind the app was implicated following the launch of an investigation into the Facebook data breach scandal.

As such, those affected should now be looking to claim compensation.

What happened in this case?

LCMB sold its users’ information to Experian’s marketing division (Experian Marketing Services). This data was then used to create a database which the Labour Party manipulated to profile new mums in the run-up to the 2017 General Election.

The Labour Party used this information to send targeted communications about its intention to protect Sure Start Children’s centres to mums living in marginal seats.

The data used included the names of parents using the app, household addresses, the presence of children under the age of five, and the date of birth of those children.

What was the result of the investigation?

LCMB claimed that the use of this information was fully outlined in its privacy policy. However, an investigation by the ICO found that the privacy policy did not state that the personal information given would be used for political marketing or by political parties. As such, this was a breach of the Data Protection Act.

In fact, while LCMB’s privacy policy was eventually updated to add the words “political parties” to the list of organisations it shares data with, this was only done in light of the start of the ICO’s investigation.

Commenting on this case, The Information Commissioner, Elizabeth Denham said: “The relationship between data brokers, political parties and campaigns is complex. Even though this company was not directly involved in political campaigning, the democratic process must be transparent.”

She added: “All organisations involved in political campaigning must use personal information in ways that are transparent, lawful and understood by the UK public.”

As the violation could cause distress to those affected, and was motivated by financial gain, LCMB has been fined £140,000 for the data breach.

What can you do?

While the ICO has the power to impose hefty fines on organisations who fail to meet their data protection obligations, it does not award compensation to victims. But, once an organisation has been found guilty by the ICO – as in this case – you can use that information to support a data protection compensation claim.

The latest breach by Emma’s Diary (LCMB) is part of a more extensive investigation into how our data is being used in political campaigning. In fact, the ICO put the UK’s 11 main political parties on notice to have their data-sharing practices audited later this year.

Worryingly, Elizabeth Denham has said that: “We are at a crossroads. Trust and confidence in the integrity of our democratic processes risk being disrupted because the average voter has little idea of what is going on behind the scenes.

“New technologies that use data analytics to micro-target people give campaign groups the ability to connect with individual voters.

“But this cannot be at the expense of transparency, fairness and compliance with the law.”

She also said that the impact of behavioural advertising in elections was significant and has called for a code of practice to fix the system.

If you are one of those affected by the Emma’s Diary data breach and are concerned that your personal information was used in a way you didn’t consent to, contact Hayes Connor Solicitors immediately. We can help you to claim the maximum amount of compensation in the minimum amount of time, on a no-win, no-fee basis.

With strict-time limits in place for making most compensation claims, it’s essential to act now.

REGISTER NOW

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Data protection complaints increase by almost 50% in three months

According to the Information Commissioner’s Office (ICO), the number of reported data protection complaints has almost doubled since April this year. The increase in data breach complaints has happened since the introduction of the GDPR on May 25th.

The stats show that:

  • 4,214 data protection complaints were made in July
  • 3,098 data protection complaints were made in June
  • 2,310 data protection complaints made in May
  • 2,165 complaints were made in April.

In total, there were 957 reported data security incidents in Q4 2018. Common causes for these data violations include:

  • Data sent to the wrong recipient
  • Loss of theft of paperwork
  • Failure to redact data
  • Failure to use bcc when sending an email.

Worryingly, reported cybersecurity incidents also increased by 31% over the same period. Overall, general business, education and local government were the sectors with the most reported data breaches (the figures exclude the health sector).

Commenting on the changes since the introduction of the GDPR, a spokeswoman for the ICO said: “It’s early days and we will collate, analyse and publish official statistics in due course. But generally, as anticipated, we have seen a rise in personal data breach reports from organisations.

“Complaints relating to data protection issues are also up and, as more people become aware of their individual rights, we are expecting the number of complaints to the ICO to increase too.”

A rise in data breach awareness

The stats indicate that more and more people are becoming aware of their data protection rights. This makes sense as there have been many high-profile data protection scandals over the last few months.

For example, at Hayes Connor Solicitors we are involved in the following cases:

 

  • Emma’s Diary. Emma’s Diary sold its users’ information to Experian’s marketing division. This data was then used to create a database which the Labour Party manipulated to profile new mums in the run-up to the 2017 General Election. Find out more about the Emma’s Diary data breach
  • Dixons Carphone. The Dixons Carphone or Carphone Warehouse data breach took place in 2017. It resulted in 10 million customer records being accessed from Currys PC World and Dixons Travel stores. The details stolen by cyber criminals include names, addresses, phone numbers, dates of birth, and email addresses. All of which can be used by cybercriminals to commit further crimes. Find out more about the Carphone Warehouse data breach
  • Ticketmaster has admitted that thousands of UK customers have been put at risk due to third-party software on their website. This has since been removed but not before the software accessed a number of customers’ personal and financial details. Find out more about the Ticketmaster data breach
  • Last year, Equifax warned that up to 400,000 UK consumers might have had their personal details stolen. The data included names, address, dates of birth, and credit card numbers. Find out more about the Equifax data breach.

 

If you have been affected by any of these data protection cases, or if you want to make a data breach compensation claim against another organisation, let us know.

At Hayes Connor Solicitors, we’ve been helping people to get the justice they deserve for over 50 years, so we know what it takes to make a successful data breach compensation claim.

Crucially, the law recognises the potential damage that is caused by physiological suffering. So, you can make a compensation claim if you have struggled emotionally following a data breach, even if you have not experienced any financial loss.

START A DATA BREACH CLAIM

 

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Ten million customers could claim compensation for distress in Dixons Carphone data breach

Following the Dixons data breach discovered in June this year, Dixons Carphone has begun contacting customers to warn them that their information has been accessed by hackers. And, while the company initially estimated that 5.9 million people could be at risk, that figure is now closer to 10 million. But with Dixons Carphone claiming that no customers have been the victim of fraud as a result of the hack, can you claim compensation for distress?

What has happened?

The breach, which took place in 2017, saw data leaked from servers containing customer records from Currys PC World and Dixons Travel stores. Both payment card details and non-financial records were compromised.

While Dixons Carphone’s investigation has not uncovered any evidence of additional fraud, it has revealed that significantly more data was taken than first thought.

In an email to customers affected by the data breach, Dixons Carphone admitted that the scale of the non-payment leak reached around 10 million customers. Details stolen during the attack include names, addresses, phone numbers, dates of birth, and email addresses – all of which can be used by cybercriminals to commit further crimes.

Alex Baldock, chief executive of Dixons Carphone, has apologised for the breach and admitted that the company had ‘fallen short’ of its duty to protect customers. And, a spokesperson for Dixons Carphone said that: “While there is now evidence that some of this data may have left our systems, these records do not contain payment card or bank account details and we have no confirmed instances of customers falling victim to fraud as a result.”

However, by downplaying the severity of the hack, it is clear that Dixons Carphone does not understand the importance of keeping its customers’ personal data safe, and the sheer scale of damage and distress that can be caused by criminals gaining access to personally identifiable information (PII).

In fact, while there is no evidence of financial losses suffered by customers of Currys PC World and Dixons, this doesn’t mean that the impact on victims is any less significant.

Distress matters in data breach cases

Being the victim of a crime can have a considerable effect on you. Both mentally and physically. Everyone reacts differently, but for some people, the consequences can include a lack of sleep, feeling ill, unsettled or confused. Stress can also affect your friends, your family and your job. So, just because your financial details were not exposed or used, doesn’t mean the breach should be treated any less seriously.

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”.

Compensation for distress in data breach cases

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.

Crucially, the law recognises the potential damage that is caused by physiological suffering. So, you can make a compensation claim if you have struggled emotionally following a data breach, even if you have not experienced any financial loss.

A personal data breach is a 21st-century version of being burgled. So why shouldn’t you seek compensation for this failure to look after your information correctly?

What next in the Dixons Carphone data breach case?

The National Crime Agency has been investigating the Dixons Carphone data breach. It is working with the National Cyber Security Centre, the Financial Conduct Authority and the Information Commissioner’s Office (the UK’s data protection regulator).

Dixons Carphone has said that is “continuing to keep the relevant authorities updated.”

This is not the first time that the company has failed to protect its customers. Earlier this year, the Carphone Warehouse, which merged with Dixons, was fined a £400,000 following another cyber-attack.

The huge fine is one of the biggest ever handed out by the Information Commissioner’s Office. In that breach, the personal data of over three million customers and 1,000 employees was put at risk.

With a history of failures, the regulator will now be looking very carefully at this latest revelation.

Can you claim compensation for distress in the Dixons Carphone data breach?

Absolutely. Data breaches can have severe consequences for those affected, so, customers of Dixons Carphone should now be looking to claim compensation.

In this case, because of when the breach took place, any financial penalties paid by Dixons Carphone for failing to protect customer data adequately will be calculated under old data protection legislation. This means that the company will escape the threat of much more substantial fines now possible under the General Data Protection Regulations (GDPR).

But with a history of data negligence at the company, and a clear downplaying of the importance of this latest breach, something must be done to hold them to account.

If you have had an email from Dixon’s Carphone you could be entitled to several thousand pounds in compensation so it’s important to act now.

IF YOU THINK YOU MAY HAVE A CLAIM THEN COMPLETE OUR CONTACT FORM.

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Ticketmaster data breach: putting GDPR to the test

Following the Ticketmaster data breach – where cybercriminals got away with customers’ personal and financial information- the latest data protection regulations are now being put to the test.

Unless you have been living under a rock, you will have heard about GDPR. In fact, you’re probably fed up hearing about it. But GDPR is likely to have a significant impact on the way companies handle your valuable data; with enormous fines for those that don’t look after it properly.

And, according to data protection lawyers, the Ticketmaster data breach could be a real test to see if the legislation will hold companies to account.

What happened in the Ticketmaster data breach?

Ticketmaster was affected by a substantial data protection breach after cybercriminals hacked the company’s website. Different customers had different data stolen including:

  • Financial information stolen and used. There are reports that customers of Ticketmaster have been the victims of theft, with their cards used on money transfer service Xendpay, Uber gift cards and Netflix (among others). Anyone who has had their financial details stolen and used fraudulently could now be looking at compensation in the region of £5,000
  • Financial information stolen. Many of those affected by the Ticketmaster data breach will have had their financial details stolen but not used (at least not yet). Crucially, you can make a compensation claim if you have struggled emotionally following a data breach, even if you have not experienced any financial loss. If you had your financial details stolen during the Ticketmaster data hack, you could be looking at compensation in the region of £3,000
  • Email address stolen. If your email account has been hacked the consequences could be devastating. Again, it doesn’t matter if there is no evidence of your data being used. If the distress of having your data in the hands of cybercriminals has caused you suffering, you can make a claim. Anyone who has had their email address stolen could be looking at compensation in the region of £1,500
  • Other personal information stolen. Along with the financial info and email addresses stolen, the Ticketmaster hackers also gained access to personally identifiable information (PII). PII includes any data that can be used to identify a specific individual, and, if it gets into the wrong hands, it can be used to undertake identity fraud. Anyone who has had their personal data stolen could be looking at compensation in the region of £500 – £1,000.

 

Find out more about the different types of data breaches in this case.

Ticketmaster data breach and GDPR

The Ticketmaster data breach affects up to 40,000 people who bought tickets between September 2017 and 23 June 2018. With the GDPR coming into force on May 25th 2018, this means that the breach spans two different data protection acts:

  • The Data Protection Act (DPA) 1998
  • The Data Protection Act (DPA) 2018 (the UK’s version of the GDPR).

These acts have drastically different level of fines. The first up to a maximum of £500,000 and the second up to £17 million (or 4% of an organisation’s annual turnover, whichever is higher).

It is not yet clear which legislation is relevant, but the breach could be judged under both. Alternatively, the entire data protection failure could be treated as a breach under GDPR as it kept happening after the new laws came into force. If GDPR is used, the Ticketmaster data breach case will be considered a test case that is likely to set the tone for action to be taken by the ICO in future breaches.

What does this mean for you?

In truth, while data protection lawyers are eagerly waiting to see what legislation applies, for people who had had their data breached it doesn’t make much difference. Mainly because, while the ICO can impose a fine on a company, this isn’t given to victims of the data breach.

The only way for you to hold Ticketmaster to account is to make a data breach compensation claim.

At Hayes Connor Solicitors, we have already been contacted by lots of Ticketmaster customers who are worried that their data was not looked after as carefully as it should have been.

In response, we are supporting no-win, no-fee compensation claims for everyone who has had their data accessed in the Ticketmaster data breach. Depending on the numbers involved we may even start a group action against Ticketmaster.

Find out more about making a claim against Ticketmaster.

To start your 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.

 

REGISTER NOW

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What are your rights if you are ‘named and shamed’?

A restaurant in Cardiff recently hit the news after its owner took to Twitter when a customer missed her reservation. The screenshot of the booking, posted on Twitter, revealed the customer’s name, telephone number and email address. Not only did the post disclose her personal details, but it also triggered a torrent of abuse from other users of the social media site.

When that prospective diner made her reservation, she likely didn’t bank on her personal information being shared all over the Internet. And, while diners who don’t show up are undoubtedly a genuine problem for restaurants, the owner’s decision to ‘name and shame’ the customer wasn’t just poor etiquette, it was a serious violation of her privacy.

We live in a world in which we’ve grown accustomed to sharing our personal information with relative ease – be it on social media sites, through online shopping, or even making a reservation at a restaurant. Unfortunately, this means we are sometimes at risk of that information being shared or used in ways that are inappropriate, or even illegal. So what happens when you become the victim of a data breach?

 The use of personal data is currently governed by the Data Protection Act 1980. This Act is designed to protect storage of personal data, and its rules apply to any organisation, public or private, that has access to third-party data. While data seems like a very technical term, it actually covers all manners of personal information – from things such as name, address, or ethnicity, to more sensitive material such as religious beliefs, expressions of opinion, and sexual orientation.

The Data Protection Bill is currently making its way through Parliament in order to better protect people who share their data. It is intended to update British law, paralleling the EU’s incoming General Data Protection Regulation. This modernisation is a response to the ever-increasing amount of data that is processed, and according to Government, it will strengthen regulations, with tougher sanctions for breaches.

Those sanctions are implemented by The Information Commissioner’s Office (the ICO). The ICO is an independent body that investigates breaches – any individual can report a concern to the ICO, and it will be looked into. The ICO has a range of tools open to it – it can serve enforcement notices, conduct audits, and most notably, it has the power to impose fines of up to £500,000.

Further, when a breach is so serious as to constitute a criminal offence, the ICO can take the matter to court. Recent examples of those prosecuted include a nurse who inappropriately accessed patient files, and a counsellor who sent details of vulnerable clients to his personal email address – data breaches can occur in many different ways, and the consequences can be severe.

However, the ICO does not have the power to award compensation to those who have been directly affected by a data breach. In a case like that of restaurant reservation, where the violation was not only intentional but also arguably malicious, a victim may want to take further action. If the ICO has found an organisation guilty of a data breach, lawyers can work with the evidence that it provides to take private legal action. It isn’t strictly necessary to go to the ICO first, but their findings can strengthen any claim made.

When you supply your information to an organisation, you trust that that information will be used and stored appropriately. This isn’t just a social nicety – it can constitute a legal relationship. The organisation has a duty to you. If that duty is breached, and that breach causes you to suffer a loss, you may be entitled to compensation.

This suffering can be both financial and emotional. In 2015, a group of people brought a successful claim against Google after learning that the company had used their personal information to create targeted advertisements. This was deemed to be misuse of private information. The claimants suffered no financial loss – their claim was based purely on the fact that knowledge of third party access to private information caused them to feel distress and anxiety.

While the customer whose information was shared on Twitter might not necessarily have incurred a financial loss, she was subject to abusive comments from other people online. If this caused her distress, or anxiety, she could be entitled to damages to cover that loss.

In this case, the abuse may well be considered as an aggravating element of the data breach, but online abuse can constitute a separate criminal offence. “Trolling” – the abuse of individuals online – can be prosecuted under the Malicious Communications Act 2003. The threshold for prosecution is high, but with cybercrime on the increase, more measures are being taken to protect victims of online abuse. Another recent cybercrime phenomenon is “doxxing” – the publication of personal information that encourages harassment or criticism of the individual to whom it relates. Perpetrators can be charged under the Serious Crime Act 2007 – naming and shaming can in effect be a criminal offence.

Violations of your right to privacy are extremely serious, and the consequences can be so too. If you think you’ve been the victim of a data breach, you can contact the ICO, or get in touch with a lawyer. It’s easy to become desensitised to the importance of protecting your information, but if something as simple as making a dinner reservation can lead to a stream of online abuse, it shows that when it comes to data protection, it’s important to know your rights.

 

If you’ve been a victim of a data breach you can contact us to find out more about making a claim.

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TSB: What are your rights following the recent data breach?

Following a bungled IT upgrade over the weekend, many TSB mobile and internet banking customers are still unable to access their accounts. And, according to reports, up to 1.9 million could be affected. To make matters worse, some customers have reported that they have been given access to random bank accounts worth thousands of pounds in what could be a terrible breach of personal data.

With many customers now calling for compensation from TSB, it is important that you know your rights.

Getting compensation from the bank

In 2012, The Royal Bank of Scotland was fined £56 million by regulators after a software upgrade left more than 6.5 million customers locked out of their accounts. The bank also paid over £70 million to UK customers. So people who haven’t been able to access their money over the last few days could be in line for compensation.

However, in the TSB case, the breach of personal information could also lead to a raft of data breach compensation claims against the bank.

Currently, both the Financial Conduct Authority and the Information Commissioner’s Office (ICO) are investigating the IT breakdown. But while they have the power to fine TSB for the failed system upgrade and any data breaches, they do not provide compensation to customers.

So, what can you do if your bank details were put at risk?

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. If you are worried that your banking details have been exposed by TSB, there are a few simple steps you can follow.

  1. Inform the Information Commissioner’s Office (ICO) about your concerns. 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
  2. Read our handy step-by-step guide to making a data breach claim
  3. If you are offered any form of compensation or free services for not being able to access your funds 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
  4. 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.

Can you claim compensation if you didn’t lose any money?

In short, yes. In fact, while some people would have us believe that claiming for distress is an overreaction the law doesn’t agree with them.

Many people suffer anguish, anxiety and stress after a data breach and this can have a significant impact on you mentally and physically. 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.

Organisations have a duty to protect your sensitive data. And letting other people access our bank accounts is a complete failure of this responsibility. So, why shouldn’t you seek compensation for this inability to look after your information correctly if it has caused you distress?

Start a compensation claim against TSB

If you want to make a compensation claim against TSB, contact Hayes Connor ASAP. Our expert, online fraud and data protection solicitors will advise you on whether you have a valid claim and will be pleased to answer any questions you might have. If you are not sure whether your information has been misused or mishandled, we can find this out for you. Our initial assessment is always free.

If you want to find out more about claiming for a data breach you can contact us here

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Do you have a data breach claim against a school?

Do you have a data breach claim against a school?

Schools, colleges and universities handle lots of sensitive personal data, and it’s vital that this is kept safe. Especially where children are involved. However, all too often, educational organisations either aren’t are aware of their obligations or haven’t done enough to ensure that they meet them.

If you or a member of your family has suffered damage or distress caused by a school, college or university breaching any part of the Data Protection Act, you could have the right to claim compensation.

Has your child’s school failed to keep your data safe?

Schools must keep information secure and prevent breaches. Where schools fail to keep this information safe the Information Commissioner’s Office (ICO) can issue fines, and you might have a claim for compensation.

For example, photos and videos of your child taken by the school may be covered by data protection legislation, and you should be told why they are needed and where they will be used. You should also be asked to provide your consent for these to be used.  Likewise, sending information to estranged parents who do not live together without the appropriate permissions could result in a data breach.

The General Data Protection Regulation (GDPR), which is set to be introduced later this year, extends data protections even further. For example, schools and universities will be banned from making exam results public without the consent of students.

There are even greater legal protections in place for Sensitive Personal Identifiable Information (SPII) such as name, date of birth, address, race or ethnicity, religious beliefs, physical or mental health, sexuality, criminal offences, etc.

Has your child’s school collected or used your data without your consent?

 Schools must comply with fair processing/privacy notices. This means that they must set out the data they require, tell you why they need it, and obtain your consent to collect and use this data.

Under the GDPR all consent must be “freely given” with separate approvals provided for different processing purposes. There must also be a “positive and unambiguous indication of agreement”, so no agreement can be assumed from silence, inactivity, or pre-ticked boxes. Also, your consent can be withdrawn at any time.

If data is being passed on to a third party (e.g. other parents, schools, social services, etc.), you also must be told why and give your consent, even if the information has been requested by a public body (e.g. the police). Failure to do this could be a breach of data protection rules, give rise to significant fines, and open up schools to compensation claims. The only exception to this rule is where a failure to share information may place a child at risk of harm.

Has your child’s school refused or ignored an information access request?

 Pupils have the right to see their personal information if they ask for it. However, parents and guardians don’t have the right to access their children’s personal data (apart from their educational records) unless they have consent from the child, or the child is unable to act on their own behalf.

Is the data held on you and your child out of date?

 Schools must make sure any data held is up-to-date. To do this, they should carry out regular information audits and ask you to check that your details are correct. If a school keeps data for longer than it is needed, then it will violate the Data Protection Act.

Has your school told you about a data breach?

Your school must have robust procedures for detecting, reporting, and investigating any data breaches. Should a breach occur, they are legally obligated to tell the ICO without “undue delay.”

Can you make a data breach claim against a school?

Where a school fails in its data protection obligations, and you suffer some form of damage (financial or physical) or distress as a result, we can help you make a claim. Our professional, friendly team will advise you on whether you have a valid claim against a school, college or university. If you are not sure whether your sensitive information has been misused or mishandled, we can find this out for you.

If we believe you have a substantial, complex case, we may be able to act for you on a NO WIN, NO FEE basis. With strict time limits in place for making a data breach claim against an educational body (currently all breaches going back six years could be subject to a claim), it’s important to act now.

CONTACT US AND START YOUR EDUCATIONAL DATA BREACH CLAIM TODAY

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My data has been breached. What do I do?

My data has been breached… What do I do?

At Hayes Connor we deal with a number of cases where a clients data has been breached. In order to start a data breach claim we need to go through a number of details with you.

Each case is different as with any area of law but if you think that your data has been breached the first thing that we will ask is if you have reported this to the ICO?

The ICO is the body who will do an initial investigation on your behalf and then they may take action against the company who has commited the breach.

If you have been informed that you are informed that your data has been breached then you can make a claim for compensation – the Information Commissioner’s Office has issued information about what to do if you have been part of a breach.

ICO Guide for Data Breach and Cyber Crime – Click Here

You can also find information about what to do if your data has been breached as well being able to start your claim on our website

Click here 

Success Fees – FAQ’s

WHAT ARE THEY?

Success Fees are a mechanism by which a Solicitor will enter into an agreement with you for you to pay up to 25% of the damages you recover to that Solicitor in Costs. The Fee is only payable if the claim is successful and damages recovered. However, in some cases, your solicitor might charge a 0% success fee. This means you’ll receive 100% of any compensation awarded.

WHAT DO THEY MEAN

In the main, they mean that you will be paying part of your solicitor’s charges for running the claim for you. This being the case the Solicitor should account to you for the work they have done to justify charging the success fee. If they do not you may be able to challenge that fee.

WHY DO SOLICITORS CHARGE THEM

In the main, because they are only entitled to fixed amounts of fees from Insurances companies who you are claiming against. This is the case for all Road Accident and Employer/Occupier or Public Liability claims with a value under £25,000 in damages.

Often the work that a solicitor will do for you in these cases will amount to a greater figure than the fixed costs available to them.

WHAT SHOULD I EXPECT FROM MY SOLICITOR

At all times a clear explanation of the fees they are going to charge you and why they are charging. They should be clear on the amounts, the timing of the payments and any other options you may have to fund that claim such as legal expense insurance you have already paid for elsewhere.

WHAT DOES A SUCCESS FEE INCLUDE

This is where you need to read the small print. There are many different approaches to the deduction of success fees and whether they include VAT, exclude VAT or have some element of administration charge or insurance product charge added. Always ask for a breakdown at the outset of how a fee is charged and an example.

CAN I COMPARE SUCCESS FEES AND SOLICITORS

Most Solicitors will not advertise their fee charges nor publish guidance on a website or other media for you to review. Always look at the No Win No Fee section of any material published and simply ask the question.

At Hayes Connor we work on a No Win No Fee basis and any success fee that is applicable will not exceed 25%. In some cases, particularly group actions, we offer 0% success fees.