Discussion
So I've just had a letter from a company I pay money to regularly, (roughly £1500 per year) to tell me they had a data breach and my name, address, customer reference number and presumably the amount I pay them per year (though they didn't mention this last part) were involved in a data breach. Essentially confidential forms/data were sent to people they should not have been. And the breach only came to light when those people queried why they had been sent the data! So its not like the original company even knew they'd f
ked up.
They claim that nothing stolen is not available elsewhere and that my customer reference number wouldn't have access to any financial information. As a result "they feel" I am not due any compensation. Though they would say that wouldn't they. Apparently many others were involved in this breach.
Now, I don't like this company. And I realise it's a bit chav. But If I can get one over on them, great.
Given that a GDPR breach is a percentage of global turnover. How do I claim for compensation? No win No fee?
ked up.They claim that nothing stolen is not available elsewhere and that my customer reference number wouldn't have access to any financial information. As a result "they feel" I am not due any compensation. Though they would say that wouldn't they. Apparently many others were involved in this breach.
Now, I don't like this company. And I realise it's a bit chav. But If I can get one over on them, great.
Given that a GDPR breach is a percentage of global turnover. How do I claim for compensation? No win No fee?
Although GDPR gives you the right to claim compensation, You will need to prove that the incident has caused you either material damage or distress...
In the meantime, check out https://haveibeenpwned.com/ and see if there has been any other breaches involving your details
In the meantime, check out https://haveibeenpwned.com/ and see if there has been any other breaches involving your details
Have a read of this
https://ico.org.uk/your-data-matters/data-protecti...
In a nutshell, you would have to convince a judge that - at the very least - you have suffered some form of distress brought about by this data breach. That obviously covers a very wide spectrum, from 'mildly annoyed' to being absolutely financially, emotionally and physically ruined by this breach. Unfortunately the guidelines on the ICO also state that if the judge isn't convinced of your distress, there's also a chance you could lose and end up paying the legal costs.
https://ico.org.uk/your-data-matters/data-protecti...
In a nutshell, you would have to convince a judge that - at the very least - you have suffered some form of distress brought about by this data breach. That obviously covers a very wide spectrum, from 'mildly annoyed' to being absolutely financially, emotionally and physically ruined by this breach. Unfortunately the guidelines on the ICO also state that if the judge isn't convinced of your distress, there's also a chance you could lose and end up paying the legal costs.
pablo said:
Although GDPR gives you the right to claim compensation, You will need to prove that the incident has caused you either material damage or distress...
In the meantime, check out https://haveibeenpwned.com/ and see if there has been any other breaches involving your details
I’ve checked that in the past....not 100% convinced.....it tells me tumblr is one of 5 places I’ve been “pwned”, but I have NEVER EVER had a tumblr acct!In the meantime, check out https://haveibeenpwned.com/ and see if there has been any other breaches involving your details
Maybe someone created one then pwned it.....
mikeiow said:
I’ve checked that in the past....not 100% convinced.....it tells me tumblr is one of 5 places I’ve been “pwned”, but I have NEVER EVER had a tumblr acct!
Maybe someone created one then pwned it.....
Creating a site prepopulated with some leaked account creds would be an interesting way to get your numbers up. Maybe someone created one then pwned it.....
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