Dealing with the fallout: Important steps to take in the wake of the data breach crisis
The likelihood of having their data compromised is increasing for businesses and individuals alike. Recent data from IT governance reveals a worrying trend, with reported security breaches increasing by 11% from 1,120 cases in 2020 to 1,243 cases in 2021. These breaches exposed 5.13 billion records containing sensitive information. This is partly due to the fact that both organizations and private citizens can be vulnerable to data breaches.
So, what should you do if you find yourself in this situation? After a data breach, it is important to take immediate action to protect your interests.
Data security responsibilities for organizations
In the UK, the Information Commissioner’s Office (ICO) is responsible for protecting personal data privacy and enforcing data rights in the public interest. The ICO is tasked with enforcing the Data Protection Act 2018, which closely aligns with the EU’s General Data Protection Regulation (GDPR). This law sets out specific principles that organisations, businesses and government bodies must follow when handling personal data.
The ICO places responsibility on data holders and is the first port of call for those whose data has been breached. Once the ICO is informed, further legal action can be taken.
reporting a data breach
By law, any data breach must be reported to the ICO within 72 hours of discovery. This is an important step towards the ICO launching a thorough investigation to identify the root cause of the breach and ensure that all parties have met their legal obligations. Failure to promptly report a breach may reduce your chances of recovering lost personal data.
However, it is advisable to consult legal professionals, as they can ensure a thorough investigation of the breach and protect your rights as a data subject. It will also give you a better understanding of your rights if a data breach is confirmed, increasing your chances of receiving compensation if the organization responsible for your data is found to be at fault.
Data breach documentation
Keeping a detailed account of the incident is essential for those who plan to or later decide to file a data breach claim, as this document will serve as valuable evidence during the process. The ICO requires records that include a timeline of events, details of the individuals involved and corrective actions taken in response to the breach.
Any reports prepared by investigating bodies can corroborate the claim, but you will need to show how the breach has affected you in order to receive the right amount of compensation for your losses.
involving data breaches
As soon as a breach is discovered, the responsible organization should take immediate steps to recover the data and prevent future breaches. This can include requesting deletion of critical information shared, identifying the source of the breach, and remotely erasing stolen digital assets.
Depending on how the organization conducts itself in this stage, the impact on individuals may be worse, and may leave the organization liable to legal action.
Understanding your legal rights
If you suspect that your data has been misused or is inadequately protected, it is important to alert the relevant organization so that they can take corrective action. If you are not satisfied with their response or believe that further action is necessary, you should report the matter to the ICO.
Under the Data Protection Act 2018, if an organization breaches data privacy rules and causes harm to you, you have the right to file a compensation claim. It is important to note that you do not need to go through the ICO or wait for the conclusion of its investigation to file a claim directly against the responsible organization.
compensation claim
Organizations can be held liable for data breaches, especially those involving sensitive data such as financial or medical information. In such cases, you should seek legal advice from experts specializing in data breach claims to assess the strength of your claim.
While the ICO can investigate data breaches and establish legal responsibility, a favorable ICO decision that the other party misused your data can significantly strengthen your compensation claim, even if it takes a longer time. Process involved.
If you have suffered tangible losses due to a data breach, you have the option of filing a claim directly against the responsible organization. However, be aware that organizations may attempt to skirt their data security obligations or hide information. Therefore, seeking legal guidance from experts in data breaches ensures that your rights are upheld and that your claim is thoroughly investigated.