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Why are data breach claims controversial?

As data breach experts, Keller Postman UK has launched claims against several organisations who have failed to in their data protection obligations. But as more people become aware of their rights and look to hold businesses to account for data privacy violations, others are questioning whether data breach claims should be made at all.

Let’s take a look at their arguments…

Assertions that data breach claims are the new PPI

When it became clear that people across the UK were mis-sold PPI, often to the tune of thousands of pounds, there was a surge of new claims management companies on the scene – all promising to help consumers get back what they were due.

Of course, if you were mis-sold a financial product such as PPI, it is only right that you were compensated for that. But all too often, PPI claims companies were more concerned about making fast cash than helping victims. And promises of no up-front fees often turned into extortionate commission rates that left people short-changed.

It is possible that the same thing could happen here, with high-profile data breaches being seen as a way to make a quick profit by unscrupulous claims management “factories”. So it’s vital that you are aware of what’s at stake and the options available to you. And that you understand what you will pay if you make a data breach claim – win or lose.

At Keller Postman UK, we are not jumping on the data breach wagon. One of the most experienced multi-claimant law firms in the UK, our GDPR, data breach and cybercrime specialists have a combined experience of over 50 years. And as well as offering no-win, no-fee funding arrangements, our success fee is one of the most competitive around.

Big organisations shouldn’t be held accountable, especially when business is tough

We have heard some people say that – in a challenging business environment – it is not right to chase compensation as it could damage the offending organisation.

But we believe that companies must be held to account for their failure to protect our personal data. The sheer scale of the information we share on and offline is enough to leave us open to the threat of fraud and identity theft should it get into the wrong hands. For example, following a data breach, we have seen cybercriminals apply for credit in a victim’s name, set up fraudulent bank accounts and access their existing accounts.

Data breaches can be just as problematic when criminals are not involved. Smaller, individual mistakes can cause misery when bank statements, medical records and other personal data is shared with people should not be – for example ex-partners, neighbours, or employers.

With data hacks and breaches happening more and more often, something must be done to make companies accountable for their failures to implement adequate data security measures. Claiming compensation could be the only way to ensure that they implement more secure processes.

What’s more, in a world that is increasingly digital, cyber-attacks are going to happen, so organisations usually take out insurance to cover the risk of cybercrime.

You don’t need a lawyer to make a data breach compensation claim

It is possible to make a claim on your own. And you can even represent yourself in court. In fact, the number of people doing this has increased. The legal term for doing this is called ‘litigating in person’ (LiP). However, there has been a rise in the number of people doing this because they don’t think they have any choice due to a lack of alternative funding options.

However, the best way to make big companies pay for their failures is to use an expert data breach lawyer. At Keller Postman UK, our data breach team is one of the best in the business, with all the legal expertise needed to take on the big players. So we are confident that our team will get the results you deserve.

Crucially, because we offer no-win, no-fee funding arrangements, you can benefit from expert legal support without having to worry about costs.

When it comes to making a compensation claim, a lack of care can leave data breach victims open to advice and representation below the standard expected by the profession, and this could ultimately see you lose out financially as a result.