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breach 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.

libel
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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.

ticketmaster
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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.

REGISTER NOW

bank details
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Banks issue new cards after Ticketmaster data breach

Nine months after the Ticketmaster data breach, two high street banks are sending out replacement credit and debit cards for customers who might have been put at risk.

The Royal Bank of Scotland (RBS) and NatWest have written to some customers informing them that they will be issued with replacement cards following last year’s Ticketmaster breach.

The letters state that replacement cards are being sent to anyone who used their card at Ticketmaster, while noting that this is a precautionary measure and that in some cases there is no indication that their information has been accessed.

What happened in the Ticketmaster data breach?

The hack hit around 40,000 people in the UK and compromised personal and financial information including customer names, addresses, email addresses, phone numbers, payment details and account login details. Some customers have already had their cards used by cybercriminals.

Find out more about the Ticketmaster data breach.

However, some customers of NatWest and RBS have taken to social media to complain about the way the incident has been handled.

Concerns include:

  • That this is the first time some customers have heard of the breach
  • Customers being unsure whether the letters are genuine
  • The length of time it has taken the banks to address this issue (banking start-up Monzo requested replacement Mastercards for all affected customers in April 2018).

How to protect your bank details from hackers

Following the Ticketmaster data breach, 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.

Lessons learned

Obviously, RBS and NatWest are in no way responsible for the Ticketmaster data breach. But as such hacks become increasingly common, how banks react to protect their customers following such violations has never been more important.

Since the start of the Ticketmaster breach we’ve advised clients to request new cards from their bank. But it cannot just be left to victims of data theft to protect themselves. At Hayes Connor, we would argue that a speedier response is now needed and that this is something all credit and debit cards providers must address.

Make a Ticketmaster compensation claim with Hayes Connor Solicitors

At Hayes Connor we are already representing people who have been put at risk due to the Ticketmaster data hack.

IF YOU WISH TO BE A PART OF THIS CLAIM THEN REGISTER YOUR DETAILS TODAY.

takeover fraud

Bank customer loses thousands of pounds in takeover fraud

In the latest 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.

What is takeover fraud?

Takeover fraud happens when a criminal uses another person’s account information (e.g. a credit card number) to buy products and services. Takeover fraud is also used by scammers to extract funds from a person’s bank account.

With more than 24,000 reported cases, takeover fraud increased by 7% last year with bank accounts the most popular target.[1]

What happened in this case?

According to a report by BBC Watchdog Live, the bank maintained that the customer was aware of the transaction and refused to refund her. To make matters worse, the Financial Ombudsman Service – which helps to sort out disputes between financial businesses and their customers – backed RBS after the initial complaint.

However, following a BBC investigation, was revealed that in a recording of the fraudulent phone conversation, a woman can be heard incorrectly answering a security question.

What’s more, a second transaction request made during the same phone call was refused after the caller was unable to answer additional security questions. This eventually led to a warning being raised against the account. The bank’s records also show that the fraudster failed the bank’s voice recognition checks and that the transaction was marked as a “potential account takeover”.

Despite this, a transaction of £4,318 was approved by the bank in a decision which it refused to reverse.

RBS has now apologised to the woman and issued her a full refund. However, it is unclear whether this would have happened without the Watchdog Live investigation.

Worryingly, the bank failed to consider the evidence in this case, including warnings raised by its security processes.

A new code of conduct

Since the con took place, most banks have signed up to a new code of conduct which provides an additional layer of protection to customer affected by bank scams. The new code is designed to minimise the number of financial cybercrimes by encouraging consumers to remain vigilant.

In essence, the new code means that a bank (or another financial provider) can only refuse to reimburse stolen funds where the customer has shown a very significant degree of carelessness. In this case, as the bank failed to heed the warning signs and the woman was in no way negligent, RBS would be liable for the subsequent loss.

Furthermore, under the new guidelines banks should not automatically blame the victims of increasingly sophisticated scams and must take a fairer approach to compensation. What this means is that you can be confident that any claim for reimbursement will be given fairer and quicker consideration.

The code is expected to be finalised next year.

Cybercriminals are becoming increasingly sophisticated

Online criminals are becoming increasingly sophisticated. And it’s not just lone hackers people should worry about. Today, cybercrime syndicates are evolving from existing criminal structures. And, as they strive to become as rich as possible, these criminals are sharing information and collaborating.

As such, banks must make sure that their processes are just as sophisticated and robust.

In this case, it was revealed that the woman’s phone line was diverted to a mobile number on the day of the call. This led to the bank to believe that they were speaking to her at her home address. However, if all the other security checks and processes had worked, the woman would not have been left without her funds for over a year.

Can you get help for takeover fraud?

If you have been the victim of a takeover scam and need help getting your money back, there is some good news.

As well as setting out a new industry code designed to minimise the number of scams by encouraging consumers to remain vigilant, the new industry protections will help victims to secure compensation.

If you need legal help following a takeover scam, Hayes Connor can help. Our professional, friendly team will be pleased to answer any questions you might have, and advise you on what to do next.

[1] Cifas

data breach claims

What is no-win, no-fee?

Access to professional legal advice is a fundamental right. That’s why it’s important that everyone can afford to make a data breach or cybercrime compensation claim should they need to.

Removing the financial risk, at Hayes Connor Solicitors, we provide our services on a no-win, no-fee basis to help our clients get the compensation they deserve. But what does this actually mean and are there really no costs if you appoint us?

What is no-win, no-fee?

A no win, no fee agreement is an arrangement between you and your solicitor. Also known as a Conditional Fee Agreement (CFA), if your claim is not successful, you won’t have to pay any money for the work carried out (as long as you adhere to the terms of our agreement).

No win, no fee agreements help people get the compensation they need following an incident that wasn’t their fault.

What if your claim is successful?

If your claim is successful (and that’s what we all want!), you might have to make a contribution to your solicitor’s costs. This ‘success fee’ is taken from the compensation awarded to you. The amount of the success fee depends on when your case is settled, but with us you’ll never have to pay more than 25% of your compensation. However in some cases, we are able to recover this cost from the other party. In such cases you won’t have to pay any costs – win or lose.

Your obligations under a no-win, no-fee agreement

You do have obligations under a CFA:

  • You must not mislead your solicitor
  • You must not fail to co-operate
  • You must act in accordance with the agreement and the advice given by your solicitor
  • Should you wish to terminate your claim, you will be responsible for all costs and disbursements incurred by your solicitor.

Can you afford the risk?

Well yes. Because if you lose you won’t have to pay a penny!

In most cases, the loser has to pay the winner’s costs and disbursements (other legal expenses such as court fees). But to protect you from these costs, we always take out insurance to insure against this risk on your behalf. This is called ‘After the Event’ insurance (ATE).

With ATE insurance, if you lose your case (including a group action case), any costs will be paid by the insurance provider. This means that if your claim is not successful, you won’t have to pay a penny.

MAKING A NO WIN, NO FEE CLAIM WITH HAYES CONNOR SOLICITORS

From the very first time you speak to us, you’ll find us helpful, friendly, and experienced. While each case is different, we can usually tell you straight away if you have a claim or not. Once you have confirmed that you want to proceed on a no-win no-fee basis, we’ll remove the hassle and take care of all the complex legal work for you. We always make sure you are fully informed about any potential costs before we proceed.

TO FIND OUT MORE, READ OUR STEP-BY-STEP GUIDE TO MAKING A DATA BREACH CLAIM.

data breach

Credit card details hacked in Vision Direct data breach

Cybercriminals have compromised the contact information and financial details of Vision Direct customers in a recent data hack.

Both personal and financial information has been put at risk, including full name, address, phone number, email address, and password details, as well as sensitive credit card numbers, expiry dates and CVV security codes. This information could be used to carry out financial fraud and data theft, so customers are understandably worried.

Earlier this week, the UK retailer informed its customers that their data was stolen in a five-day hack between 3rd and 8th of November. It is understood that a bogus Google Analytics script added to Vision Direct’s website let hackers breach the company’s security defences.

Should you be worried?

The breach affects customers who logged into their Vision Direct account or updated their personal details during the period in which the hack took place. At present, 16,300 customers are thought to be at risk.

In a letter to its customers, Vision Direct has admitted that this “information could be used to conduct fraudulent transactions”.

It continues: “Vision Direct has taken steps to prevent any further data theft, the website is working normally and we are working with the authorities to investigate how this theft occurred.”

Vision Direct will contact any customers who it believes have been affected by the data breach. The company has also asked all users to review their bank statements and change their passwords on the site as soon as possible.

Is Vision Direct responsible for the data breach?

Even where cybercriminals target a business, in the eyes of the law it is still responsible for the data it holds. And, if found to be (even partially) responsible for a data breach, under the new General Data Protection Regulation (GDPR), it could be liable for millions of pounds in fines and compensation.

In this case, questions have been raised over whether or not Vision Direct had been storing CVV codes as it is not permitted to keep verification codes after payments are authorised. If this is found to be the case, the regulator is likely to come down hard on the business.

If you have suffered damage or distress caused by an organisation breaching its data protection responsibilities, you also have a right to claim compensation.

At Hayes Connor Solicitors, we have considerable experience helping individuals whose data has been breached and would also recommend some additional steps to keep users safe.

This includes looking out for fraudsters who attempt to gather more personal information (phishing), informing the Information Commissioner’s Office (ICO) about your concerns and reporting any suspected phishing attempts to the police and relevant authorities.

You can also check websites such as Haveibeenpwned.com to see if your details have been compromised in a data breach.

personal data
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High street stores and personal data: know your rights

Most of have been there. We’re in a shop, just about to pay for our purchases, or sort a refund, when the assistant asks for “a few details”; usually our full name, our home address, and our email. Even if we’re only buying a pair of shoes, or returning a scented candle, many of us will hand over this information without understanding why it is needed.

 For some, it’s about not making a scene. The assistant is friendly, and they appear to be in no doubt as to why they are asking for our personal information. Also, there’s often a growing queue of people who aren’t going to be happy with a customer kicking up a fuss and holding up the line. So, what should you do?

What should you do if a store asks for your personal information?

 Put simply; the shop doesn’t NEED your details. Even television retailers, who previously had to request these to send to TV Licensing when they sold or rented out equipment, no longer require this info from you.

And with stringent data protection laws now in place following the introduction of the General Data Protection Regulation (GDPR), you are entirely within your rights not to hand this over.

 Do shops need personal data for a refund?

 If you’ve challenged why the shop needs this information, you might have been met with a vague response; “to process the return”, “for our records”…that sort of thing. However, we all have a statutory right to return faulty goods and, should you wish to change your mind about a purchase you simply need to do two things:

  • Keep hold of the receipt
  • Check out the shop’s returns policy before you buy.

Unless the return policy states explicitly that you have to hand over this information (and most of them don’t), then they cannot force you to. If the policy does state that it needs your personal information, you should still query why with a manager as this is not a legal obligation.

 Why do retailers want this information?

 Stores use your details for different purposes, most often for security, for marketing, and to improve the customer experience. You might like the shop retaining information about your shopping habits to help improve their service to you. For example, if you buy a particular shade of lipstick but can never remember the name, with access to the right info the shop assistant can find out that your preferred shade is ‘Frosted Pink.’ Also, most of us like it when we are offered discounts on our favourite buys.

 That’s fine. It’s your choice. But even if you are happy with this, to protect your sensitive information, you should still care about how your personal details are stored.

What are retailers allowed to do with your information?

Any personal data we provide (e.g. email addresses collected at the point of sale) is protected by UK data protection regulations. This means that it must be “collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.”

For example, if an email address is given so that you can receive an e-receipt, then your data can only be used for this specific purpose. There is no issue with a shop offering an e-receipt, but if your email address is then used to send you marketing emails without your consent they might also be breaching electronic marketing rules. You also do not have to give your email details to a retailer, and you can ask to receive your receipt in the normal way.

If a shop does want your data to market to you, then they must make it clear that this is why they are asking for your information, and you have to give your consent before they can do this.

How is your data protected?

 With more and more shops using computers to store and process personal information, The Data Protection Act (the UK’s interpretation of the GDPR) sets out how it can be used; and how it can’t. The basic things you need to know is that:

  • Your personal data should be processed fairly and lawfully
  • It must be obtained only for a specified reason and can’t be handled in a way that is incompatible with that purpose
  • The information held must be adequate, relevant and not excessive when compared with the purpose for which it is to be used
  • It must be accurate and, where necessary, kept up to date
  • It must not be kept for longer than is necessary for the intended purpose
  • It must be processed in accordance with the Data Protection Act. This means that it must be kept safe and secure, and that appropriate measures will be taken against unauthorised or unlawful processing of this information, as well as against accidental loss, destruction, or damage. So, businesses must keep the information backed up and away from any unauthorised access
  • No company can sell or give away your information without your explicit consent.

 You can find out more about these principles on the Information Commissioner’s Office (ICO) website.

 What should you do if asked to hand over your details?

 In most cases, we trust these retailers. Why wouldn’t we? They are high street shops, with familiar names, big shiny signs above their windows and friendly authoritative staff. So, it can be easy to assume that they wouldn’t ask us for our address if they weren’t allowed to do so. We also trust them to hold our information safely once given.

 However, in 2018, high street chemist Superdrug was held to ransom by hackers. The cybercriminals contacted Superdrug claiming to have accessed the details of 20,000 customers.

The compromised data included names, addresses, dates of birth, phone numbers, and point balances. And, while no bank or payment card details were believed to have been accessed, the information stolen is already enough to cause severe distress to those affected. And this is just one example of a high street retailer being hit by a data breach.

Today’s cybercriminals don’t just care about our financial details. They can also cause havoc with our personally identifiable information. In fact, with enough data, cybercriminals can apply for credit in your name, set up fraudulent bank accounts and access your existing accounts.

So, should you hand over your details? Well, as with most things, you have a choice. A choice to ask questions, and a choice to exercise your own free will based on the answers that are provided to you.

While we have previously been content to hand out our personal information, with a huge jump in cyber fraud, it’s perhaps no wonder that consumer confidence is now lacking, and that data breach claims are on the rise.

Can you make a data breach compensation claim?

 When a breach happens, it’s vital that the Information Commissioners Office (ICO) investigates. If the company is found responsible, the ICO will then issue a fine.

However, such fines are little compensation for victims who have suffered financial loss and/or stress due to an organisation’s negligence. So, while the ICO does not award data breach compensation, our data breach solicitors can help you with that.

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

Data breaches often have severe consequences for those affected, and you could be entitled to thousands of pounds in compensation depending on your circumstances. And, because we offer no-win, no-fee funding arrangements, you have nothing to lose.

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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.

 

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