Data breach law is developing rapidly and the rules can be both complex and fluid, making it a tricky area to navigate. As such, we always recommend that you get in touch to discuss the circumstances of your case.
All of the advice we provide is free and you can access it at a time that suits you best. You can speak to us now using any of the methods below:
- Call us on 0151 375 9916
- Submit an online enquiry form to us here
- Or chat with us now using our live chat service
How Can Data Breaches Happen?
Data breaches are becoming increasingly common. While cyberattacks are often reported in the media, often involving the data of large numbers of people, it’s human error that contributes to more breaches.
If we take a look at the Government’s Cyber Security Survey for 2021, we can see that all types of organisations are targeted, including medium businesses (65%), large businesses (64%) and high-income charities (51%).
In terms of the causes of these breaches, the Information Commissioner’s Office (ICO) can shed some light. The ICO is an independent body charged with ensuring compliance with data protection law, as well as possessing enforcement powers:
- Data posted or faxed to the wrong recipient
- Failing to use blind carbon copy on emails, thereby revealing private email addresses
- Verbal disclosure of personal data in earshot of unauthorised people
- Data emailed to the wrong person
- Failing to redact data when sending it to third parties
- The loss or theft of devices like laptops and USB sticks, as well as the loss or theft of physical documents
If your data has been exposed in any of these ways, please get in touch to see if we can help you.
How Do I Prove A Data Breach Claim?
Data breach claims can be tricky to prove. To succeed, it’s necessary to prove that:
- The data breach occurred due to some positive wrongful act on the part of the defendant. This could involve a failure to update cyber security software or failing to implement policies, procedures or training to mitigate the risk of human errors leading to breaches
- That you’re in time to bring your claim. Time limits in data breach cases can vary depending on the nature of the breach and the type of organisation responsible. For example, claims against public bodies like local councils have just 1 year to be made, whereas in claims against private companies, the time limit is 6 years.
It’s possible to establish fault on the part of the defendant through evidence. This could come in the form of:
- Correspondence from the responsible organisation confirming that your data has been exposed
- The findings of the ICO if they conduct an investigation.
- Any medical notes from your GP or hospital that detail any psychological conditions that you’ve developed because of the breach.
- Bank statements and credit ratings that show any monetary loss or damage
How JF Law Can Help You
With data breach law developing quickly and more breaches happening each day, this area of law can be something of a quagmire to navigate through. That’s why it always helps to have a specialist on your side to help pull you out of the mud.
That’s the role we serve—to provide you with the expertise you need to get normality back in your life and to fix any financial or mental damage that’s been caused.
To learn more about how we can help you, please get in touch.