Data breach claims
If you have suffered a data breach, you could be entitled to compensation.
How do I know if my Personal data has been breached?
Any business that has committed a GDPR breach must notify those affected. A breach may be communicated by traditional means or through the media or the company website. You may also be made aware of a data breach through a third party. A personal data breach can range from unwelcome and unsolicited correspondence from those businesses offering services to identity theft and fraud on your bank account.
Who can make a data breach claim?
Any individual or company whose sensitive personal data was compromised or misused as a result of a data breach incident has the right to make a data breach claim. Under EU GDPR Regulation, businesses must be held accountable in terms of how they collect, use, store and delete your personal data or sensitive personal data. Businesses are obliged to make sure your data is accurate, up to date and available to you.
If a Data controller does not take measures to protect your information, you can claim compensation for the data privacy breach, which includes claiming due to financial loss, emotional distress or inconvenience caused.
What is the role of a GDPR Breach Solicitor?
GDPR provides for significant penalties for Data Controllers and Data Processors in the event of a data breach i.e. a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. The role of a GDPR Breach Solicitor is to investigate the strength of your claim and the full extent of the data breach. Based on this information collected, your solicitor will advise on next steps.
At Conor McLaughlin & Associates, we have the knowledge and experience to advise on all aspects of Data Protection. We will advise you on how to make a request under GDPR along with making complaints to the Data Protection Commissioner.
Under GDPR you have the following rights:
- Right to be informed as to how your personal data is being processed;
- Right to obtain a copy of any information relating to you kept on computer or in a structured manual filing system;
- Right to receive a copy of all data held by a Data Controller within one month of the request been received;
- Right to rectification of data;
- Right to be forgotten, meaning the right to obtain from the Data Controller the erasure of personal data without undue delay;
- Right to restrict further processing of your personal data where specified grounds arise; and
- Right to object to processing.
If an individual is not satisfied with the response, they receive from the Data Controller they may make a complaint to the Data Protection Commissioner or institute legal proceedings.
Legal Services Offered:
- Advice on GDPR breaches;
- Compensation claims for GDPR breaches; and
- Advices regarding other infringements of your rights.
Our 5-stage process
A consultation with our Data Protection Solicitors will help them to understand the nature of the breach and allow them to strategize the best path forward for you.
Our Data Protection Solicitors will require copies of all relevant documentation in order to fully consider the breach.
Based on stages 1 and 2 above our Data Protection Solicitors issue a letter of advices advising you as to the strength of your claim.
- Resolving of Matter
At this point we approach the business who has committed the Data Protection breach in an effort to resolve matters holistically and swiftly.
If Stage 4 is unsuccessful, we will advise you on the merits of pursuing Court Proceedings with a view to achieving the best possible approach for you.