In the digital age, personal data breaches have become an all-too-familiar threat.
These breaches occur when protected personal data is accidentally or deliberately destroyed, lost, altered, disclosed, or accessed without permission.
Data breaches are often the result of a security incident, with information like people's names, telephone numbers, and emails being taken.
The most common breaches are those where an unauthorised third party, such as a hacker, has gained access.
Your rights if you are affected by a data breach
There are steps that can be taken to protect yourself and, in some cases, claim compensation, according to Which?.
Organisations are bound by the Data Protection Act 2018 (GDPR) to keep data secure.
This includes taking measures to prevent unauthorised or unlawful processing of personal data and protecting against accidental loss or destruction of, or damage to, personal data.
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 lost it.
Contact the organisation
The first step for anyone who has suffered distress or financial loss due to a data breach is to contact the organisation believed to be responsible.
It is important to outline the distress or losses suffered and how compensation is expected.
If the organisation's response is unsatisfactory, the next step is to complain to the Information Commissioner's Office (ICO).
While the ICO cannot award compensation, its opinion can be influential when making a claim against the organisation that compromised data.
If an agreement cannot be reached with the organisation, individuals can make a claim via the small claims court.
The ICO's agreement that the GDPR was breached serves as useful evidence in these proceedings.
Collect evidence
If you have been affected, you should collect any evidence that might help with your case.
This includes written communications from the organisation about the breach, screenshots of breach notifications or emails, records of financial loss or expenses incurred, and personal logs of distress, loss of sleep, or psychological impact.
Contacting the organisation responsible (the data controller) to ask what happened, what data was affected, and what steps they have taken to protect you is also advised.
Organisations may offer compensation directly, which can avoid court proceedings.
Have you ever been affected by a data breach before? Let us know in the comments.
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