As technology continues to evolve and become more integrated into our daily lives, the risk of data breaches also increases. According to a report by the Ponemon Institute, the average cost of a data breach has risen to $3.86 million per incident, a significant increase from just a few years ago when the average cost was around $1.5 million. The Equifax data breach in May 2018, which compromised the personal information of 50 million customers, is just one example of the many breaches that have occurred in recent years.
Data breaches are becoming more prevalent, and individuals and businesses alike need to take measures to protect themselves from potential attacks. However, if you do fall victim to a data breach, there are steps you can take to seek compensation. If the breach was caused by the negligence of a data controller – such as a company or organization that holds your personal information – you have the right to pursue a data breach claim and seek compensation for any damages you’ve incurred.
It’s essential to understand what constitutes a data breach. A breach can occur in many ways, including phishing attacks, distributed denial of service (DDoS), ransomware, and more. Any unauthorized access, misuse, disclosure, or destruction of an individual’s private data can be considered a breach. Personal data includes any information that can identify an individual, such as name, address, contact details, biometric and health data, and financial information.
The UK’s General Data Protection Regulation (GDPR) sets out laws on data security and privacy in the UK. The GDPR is based on seven principles, including lawfulness, fairness, and transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality, and accountability. If an organization suffers a breach of sensitive information that can potentially affect the rights, freedom, and well-being of individuals, it is required by law to inform the Information Commissioner’s Office (ICO) within 72 hours.
If you’ve been impacted by a data breach, you have a specific timeframe in which to make a claim. The period for making a data breach claim varies depending on whether the organization is a public body or commercial entity. You have one year to claim against a public body and six years to claim against a commercial entity.
Many people are concerned about going to court to seek compensation for a data breach. However, in most cases, it’s possible to settle out of court with the organization responsible for the breach. If the organization refuses to pay fair compensation, you may need to pursue your case in court. It’s always best to seek the guidance of a data breach solicitor, who can provide advice and handle your case if you need to go to court.
In conclusion, data breaches are a real threat, but there are steps you can take if you fall victim to one. Understanding the basics of data breach claims and seeking the advice of a solicitor are crucial for protecting your rights and seeking compensation for any damages you’ve incurred.
