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The latest High Court decision has made it easier for victims of the OnePlus data breach

OnePlus

In 2019, OnePlus emailed its customers to let them know that a data breach caused by an unauthorised third-party had put their personal information at risk. According to OnePlus, names, contact details, email addresses and shipping addresses were exposed in the data hack.

People expect big companies to put enough security processes in place to keep intruders out. So, victims of this data breach might be angry that OnePlus allowed this to happen. But, until recently, victims of the latest OnePlus data breach (there has been more than one!) wouldn’t have had any avenue for legal redress – unless they could prove they suffered financially or emotionally as a result of the breach.

However, because of a ground-breaking High Court decision, this has now changed.

Making a data breach claim. What has changed?

A recent case against Google has transformed how data breach claims are managed in the UK. You can find more details about what happened here.

Here is a summary of how this decision relates to the OnePlus data breach.

You can make a data breach claim even if you haven’t suffered a loss

The Court of Appeal decided that data breach claims are valid, even if someone hasn’t suffered financial or emotional damage as a result. If OnePlus hasn’t protected your privacy in the way that it is legally obliged to do, you can claim for this failure.

You can make a data breach claim even if the only thing exposed was your email address

There is a misconception that some forms of personal data are not as valuable as financial data. But this isn’t necessarily the case. All too often, cyber-criminals use names and email addresses stolen in a data protection act breach to extract additional information from victims (such as your banking details).

Also, this “safer” data can also be used to carry out identity fraud, or even be used against you in a targeted political campaign. For example, The Electoral Commission, the ICO, The Department for Digital, Culture, Media & Sport Committee and The Institute of Practitioners in Advertising have all raised concerns about microtargeting specific voters profiled using unknown data.

The good news is that the Court of Appeal recognised that all personal data now an economic value (e.g. it can be sold). So, people involved in the OnePlus data breach can seek compensation even if the only personal information breached was their email address.

Everyone has the right to the protection of their personal data

While the changes are more wide-reaching than this, the bottom line is that everyone in the UK has the right to the protection of their personal data. So, if you experience a privacy violation due to an organisation breaching the Data Protection Act, you have a right to claim compensation. A data breach is a serious failure, and it is clear that OnePlus has neglected to protect its customers’ privacy rights.

If your data was involved in this breach, you should make a OnePlus compensation claim.

Claiming compensation for the OnePlus breach

At Hayes Connor Solicitors, we are considering launching a group action for everyone who has had their data privacy violated in the OnePlus data breach. To become part of this group action, we need you to register with us. We can take on your claim on a no-win, no-fee basis.

Crucially, at Hayes Connor, our data protection breach solicitors are true experts in this type of law. Unlike other firms, it is all we do, and we have been doing it for longer than most. In addition to our own legal expertise, we also work with expert barristers to help us win our cases. So, we are confident that our team will get the best possible result for you.

OnePlus has said that it has informed all impacted users by email. So, if you have received this email, you can make a data breach compensation claim against the company.

If you haven’t received a notification yet, OnePlus says you have not been affected. However, if you have ever been a OnePlus customer, it is worth checking your spam folder and any old email accounts in case the message has gone there.

Claiming compensation for the OnePlus data breach isn’t just in your best interests. It could also be the only way to ensure that organisations implement more secure processes.

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