Compensation for a Data Breach

A data breach is where confidential information is copied and either released in public e.g.  on a web site or is stolen by criminals for identity theft, online blackmail or similar.

Many well-known organisations have suffered from data breaches, revealing confidential information such as login and password, payment card details, date of birth etc. of their customers

When this happens, the company has a legal obligation to inform the authorities and all users who may be affected by this.

If your data is lost and it causes you financial damage or distress, you may be able to make a claim for compensation from the organisation that was breached.

The criteria for a compensation claim for a data breach include:

  1. Financial losses.
  2. Loss of privacy.

The GDPR gives you a right to claim compensation from an organisation if you have suffered damage as a result of it breaking data protection law. This includes both financial loss and other types of loss.

The Citizens Advice Bureau provides information on taking legal action in England and Wales, Scotland and Northern Ireland.

To Complain and Claim Compensation

  1. Complain to the company that lost your data

Explain any problems you believe have been caused by the data breach and include any distress you have suffered. It’s also useful to specify what compensation you want

  1. Complain to the Information Commissioner’s Office

You can take your issues with how the organisation dealt with your confidential information to the |Information Commissioner but it’s better for this to be after you have given the company a chance to review your claim first.

  1. Use the Small Claims Court

This is a cheap and simple process if you cannot reach agreement with the company.

If you have any experiences with these scams do let me know, by email.

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