Loqbox: Have you Received an Email?

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Data Breach Claims Article

02 March, 2020

Loqbox Savings Limited, who help people build up their credit score and save money on credit cards, loans and mortgages, has suffered a cyber-attack on their computer system on 20th February 2020.

Although Loqbox reports that immediate steps were taken to protect their system, it still resulted in customer's personal details being compromised. These details include name, address, date of birth, email address, phone number and the first six and last four digits of customer's bank cards, sort code and the card expiry date. Many customers received emails advising them of the breach on 28th February 2020.

Loqbox have been investigating the extent of the breach, which is still ongoing, and we also understand the Information Commissioner's Office (ICO) has been made aware of the breach and have undertaken their own investigation.

To establish a General Data Protection Regulations (GDPR) claim, there are 2 points to satisfy:

  1. You have to establish there has been a breach of the GDPR or a misuse of information or breach of confidence. This means information must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage, using appropriate technical or organisational measures. It is usually fairly straight forward establishing a breach if the information has been released unless it can be shown the information was released by someone else. If you have received an email from Loqbox advising you of the breach, this establishes the breach.
  2. If you can establish there was a breach you then have to show that it has caused some harm and loss.

The aim of compensation is to try and place you back in the same position as if the breach had not taken place. The sums awarded under these guidelines include injury to feelings and any consequential financial loss. The bands of damages can be summarised as follows:

  • Lower Band - £900 - £8,600 (less serious cases, one-off incident or isolated in nature.)
  • Middle Band - £8,600 - £25,700 (serious cases that do not fall within the higher band)
  • Higher Band - £25,700 - £42,900 (lengthy campaign.)

In very serious cases, aggravated Damages can be awarded if there was a motive for the wrongful disclosure or the conduct of the other party during the litigation is considered to be unmeritorious or aggressive. This breach may attract awards of £1-2,000 with the option of being able to re-open the case if the information is used at a later date.

Here at Forbes we understand how upsetting it can be to have your personal data breached. If you have received an email from Loqbox and the Information commissioner's office, please do get in touch with our Data Breach Claims team on 01254 872 111, who can talk you through making a claim.

For more information contact John Bennett in our Data Breach Claims department via email or phone on 01254 872111. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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