16 September, 2020
The ICO have recently published details of data security incidents on their website.
The figures show that the vast majority of data breaches related to cyber security incidents, hacks and cyber-attacks, followed closely by sending information to an incorrect recipient by email or post. The lower incidences of data breach involve incorrect disposal of information and theft.
There have been a number of widely publicised data hacks, involving EasyJet, Virgin money and Garmin. The data protection regulations require organisations to ensure appropriate security, including protection against unauthorised or unlawful processing, loss, destruction or damage, using appropriate technical organisational measures are put in place. Organisations subjected to Cyber-attacks frequently argue they have systems in place. The fact the hack has occurred in the first place suggests the systems were inadequate, particularly if they are a data company. Arguments often run that they have taken adequate steps and that the hacks are sophisticated and the systems of protection adequate. It's often difficult to prove otherwise. Expensive cyber security experts need to be engaged and the costs of involving these experts can outweigh the potential costs and damages recoverable for a data breach.
Sending personal information by mistake, whether it be by post email or otherwise is significantly more straightforward. Sending it to the wrong person is a clear breach of the data protection regulations and the loss of data whether it be financial, medical or otherwise can be very distressing.
This continues to be a developing area of law. Compensation for the loss of data can range from a few thousand pounds to many thousands of pounds. If for example the data results in a threat to security, personal health or involves having to move address the damages can be substantial.
If you have been the victim of a data breach and your information has been sent elsewhere incorrectly you may be able to claim compensation. Please contact us for advice on a no win no fee basis if you wish to investigate pursuing 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.