We have taken forward a few new group action compensation cases for data breaches in 2019, as the number of events continues to grow.
Now, the majority of the group and multi-party actions that we’re fighting for justice in involve some kind of data issue. This is simply because of the sheer volume of events that are taking place, as well as the fact that the law allows victims to be able to claim damages.
We thought that the introduction of the GDPR would lead to a decline in the number of events, but it feels like this hasn’t been the case so far. Now, more than ever, our work in representing victims for data breaches has never been more important.
Data breach group actions account for most of the group and multi-party actions that we’re involved in. Around three-quarters of the over 40 separate actions we’re representing people for involve some form of leak, breach or hack.
As such, this area of law is a particular specialty of ours.
When we are asked for help, or when we spot a potential data action, our lawyers and legal team act fast in order to see if we can help people. Although organisations can receive substantial fines form the ICO (Information Commissioner’s Office), this money is not used for compensation. For victims to be able to receive justice for what they have had to suffer, we can represent them on a No Win, No Fee basis and launch our own separate legal action.
We have a formal Group Litigation Order (GLO) established for victims of the 2018 cyberattacks that hit BA. It Is called the British Airways Data Event Group Litigation.
It is important to know that there is only one formal GLO for this case. Since news of the GLO forming hit the press, a few other law firms have started to invite people to register claims with them. This includes firms that were not present at the hearing, and it can become a bit of a minefield when it comes to knowing who is best to represent you for a case.
With this in mind, to make sure you are in the picture and avoid any confusion, we will set out some key information about the formal GLO as well as providing an insight into its aims and purpose.
The British Airways data class action is one of over 40 different group and multi-party actions that we’re involved with. If you’ve yet to join it and you want some more advice about it, we can help you.
This particular class action is somewhat of a pioneering one. It’s the first formal Group Litigation Order at the High Court of Justice in London that involves the GDPR that came into force in May 2018. The UK’s data regulator, the Information Commissioner’s Office (ICO), has the power to issue fines that can equate to 4% of a company’s global annual turnover. In fact, they have issued an intent to fine BA £183m; but this is dwarfed by the potential costs of the litigation that could reach £3bn for pay-outs and is entirely separate to the ICO fine.
If you have yet to join the BA Group Action, here’s some more information about what it is and what it entails.
Undoubtedly, the provisional British Airways GDPR fine in the sum of £183m, and the group action that could lead to an estimated cost of £3bn, were both avoidable.
All that was needed was for the airline to have had proper cybersecurity measures in place that could have prevented the 2018 cyber-attacks. Given what we know, and the fact that the Information Commissioner’s Office (ICO) has deemed it necessary to issue a fine, this whole scandal could have been avoided.
The fact that the attacks were successful is another example of big corporations being reactive as opposed to proactive. The costs of the fine and the litigation will no doubt serve as clear punishment for the fact that vital data protection laws have been breached. But make no mistake about it, this could have been prevented.
GDPR data breach rights have never been more prevalent in today’s digitalised age, especially when we’re seeing more and more breaches taking place all of the time.
As specialists in group action compensation, a large proportion of the over 40 different group and multi-party actions that we’re involved with now include data protection issues. These range from some of the earliest actions, like the TalkTalk hack and the 56 Dean Street Clinic leak, to huge cases like the BA Data Breach Group Action that we’re on the Steering Committee for.
With this in mind, we wanted to make sure that people are clear on how GDPR affects their rights when it comes to making a claim for compensation.
The British Airways hack compensation group action is well underway following the key hearing that took place at the start of this month.
At the hearing, Mr Justice Warby paved the way for a landmark legal case when he approved the Group Litigation Order (GLO) and appointed our firm to the Steering Committee. The deadline for those who have yet to join the action was set, and the path to justice the hundreds of thousands of victims of the 2018 data breaches lies ahead.
We’re able to represent victims who claim with us on a No Win, No Fee basis. Our funding and insurance is in place for those who sign-up to join the BA Group Action with us.
Following the key court hearing at the start of October, the Group Action Lawyers has seen a surge in people signing up to join the BA Group Action lawsuit.
Mr Justice Warby gave the green light for a Group Litigation Order (GLO) to proceed, which means the entire potential Claimant pool (of around 500,000) can bring their claims together.
At the time of the hearing, only a few thousand people had started their case. Following the news of the GLO getting the go ahead, and news of the Steering Committee appointment, we’ve seen an expected influx of people now joining up to the BA Group Action.
Around 2,000 Greater Manchester NHS patients have been contacted by the Wrightington, Wigan and Leigh NHS Foundation Trust with regards to unauthorised access of their medical records.
In typical cases where NHS employees have wrongfully accessed medical records, they’ve done so for people they know. These are usually cases of ‘snooping’ on partners, former partners, friends, neighbours and friends, for example. In this incident, a complaint resulted in an investigation that uncovered several incidents of improper access over an 18-month period, involving several NHS employees.
People whose medical records have been unlawfully accessed can be entitled to make a claim for data breach compensation. We’re taking cases forward on a No Win, No Fee basis having been contacted for help.
Our lawyers have been talking to the Daily Mail about the present position regarding the ongoing British Airways class action compensation case for UK victims.
We’re trying to ensure that those who have yet to start a claim know that time may be running out, and that they should sign-up for the BA Group Action without delay. We believe that the actions of the lawyers representing the airline could be an attempt to limit the deadline for joining the action to just 17 weeks. This could lead to potentially hundreds of thousands of people missing out on their chance to claim.
Those who have yet to start a claim should do so as soon as they possibly can.
We’ve launched legal action which will form as part of a group / multi-party case for victims of the Charing Cross Gender Identity Clinic email leak.
We were quickly contacted by victims of the data breach who have asked for our help, and we’ve agreed to represent them on a No Win, No Fee basis. The incident is a breach of GDPR, and it was entirely avoidable and should never have happened in the first place.
Given the nature of the data that has been exposed, we expect that the impact for many of the victims will be severe. Those who are affected by the data leak can be entitled to claim compensation for the distress caused.
The provisional £183m British Airways data breach fine means that the airline is set to be severely punished for the 2018 cyber-attacks that took place.
Fines can be levied at up to 4% of a company’s global annual turnover, and in the BA case, the fine is understood to equate to 1.5% of their 2017 turnover.
The financial penalties that can be issued under GDPR are far higher than what they used to be under its predecessor, the Data Protection Act. But what about compensation for the hundreds of thousands of victims whose information was compromised?