Human error GDPR breach compensation

Human error GDPR breach incidents can cause victims to suffer distress due to the loss of control of their personal information where it has been misused and/or exposed.

The GDPR is a vital piece of legislation that not only governs best practise and compliance in terms of protecting people’s information, but it can also allow a victim of a breach to claim compensation. The GDPR can allow the victim of a breach to recover damages for any distress that has been caused by the loss of control of personal information. If applicable, you could be eligible to recover any losses and expenses that may be associated with a data breach as well.

We are specialist Data Breach Solicitors who can represent victims of a breach on a No Win, No Fee basis.

Claim compensation for a human error GDPR breach

You could be entitled to claim compensation for a human error GDPR breach, and we may be able to represent you for a case on a No Win, No Fee basis.

The GDPR can entitle you to recover compensation for any distress that you have suffered from that is caused by the loss of control of your personal information. Human error data breaches often arise from leaks or accidental publications, or the disclosure of information without consent. An easy example is where an employee of an organisation accidentally sends the wrong information to the wrong person, or perhaps sends a large amount of data to many people in a mass e-mail using the “BCC” function instead of the “CC” function. Whilst such methods should never be used for mass mailshots, we know that it still occurs and can put people at risk of leaks.

Such incidents can also arise where a successful cyberattack has occurred because somebody within an organisation was responsible for some form of failure. An easy example is the Equifax cyberattack of 2017 which was successful because the organisation failed to patch a known security vulnerability. Had those responsible patched the known vulnerability, the cyberattack may not have been successful.

The GDPR recognises that any negligence that is related to a data breach, leak or a hack can allow victims to recover compensation for any distress and loss that has been caused.

The responsibility is on the organisation

When it comes to a human error GDPR breach, it is important to look beyond the individual mistakes and consider the wider responsibility of the organisation involved. Whilst the legal precedent of “vicarious liability” can mean that the negligence of an employee can fall onto the employer anyway, and so a simple error can still be something you could claim for, it is still important to look at how a breach occurred in the first place.

We often find that breaches occur because staff had been put in positions in which they could commit a data leak when they should not have been put in such a position in the first place. We have also seen incidents where a breach has been caused by a lack of training or a lack of adequate policies and procedures. These factors are clearly the responsibility of the organisation even with the principle of vicarious liability still allowing you to claim even when it is a simple error committed by an employee due to a mistake.

Data Breach Solicitors – No Win, No Fee

We are specialist Data Breach Solicitors working on a No Win, No Fee basis for thousands of people just like you. This means that we can write off our legal fees if the case does not succeed, subject to the agreed terms and conditions in place.

If you have been the victim of a human error GDPR breach, contact our team now by completing the form below to find out if you could be entitled to claim thousands of pounds in damages.