What Causes Data Breaches? How They Happen And What You Can Do About It

 

“How do data breaches happen?” Personal data breaches can occur as a result of cybercrime, staff errors and stolen devices or paperwork. We’re going to explain everything you need to know about how your personal information could be exposed and when you could be entitled to seek compensation. 

Our advisors are available 24 hours a day via the contact information provided here. They can provide further details on the data breach claims process, as well as assess your eligibility to claim for free. Talk to us today via the details given here:

Key Takeaways

• Organisations that decide when and why personal data is to be processed, known as data controllers, must act in accordance with data protection law.
• The key legislation is the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
• The Information Commissioner’s Office (ICO), the UK’s information rights body, can discipline organisations that do not uphold the law.
• Both human error, or accidental, data breaches and intentional criminal activity can be claimed for if your data was breached. 
• Our data breach solicitors have years of experience in handling claims just like yours and can offer claimants highly advantageous No Win No Fee terms. 

 

How Do Data Breaches Happen?

Data breaches can happen either by accident or as a result of intentional malicious actions. Per the ICO, a personal data breach is a security incident that involves the unauthorised access to, disclosure of, unlawful or accidental loss, alteration or destruction of personal data. 

What this means is that a personal data breach can happen in multiple different ways, as we will examine in the sections below. If at any point while reading this guide you have questions, talk to a member of our advisory team using the contact information given below. 

What Is Classed As A Malicious Attack?

A malicious attack, also referred to as a cyber attack, refers to unauthorised persons attempting to gain unlawful access to, or to disrupt a computer system. This can be done in a few different ways and we’ve given some examples here:

• Hacking: In the simplest terms, hacking is exploiting weaknesses within computer systems and thereby gaining unauthorised access to them. Once inside, the cyber criminals can access data, disrupt the operation of the system or even take total control.
• Malware: A contraction of malicious software, malware is a specific software program designed to damage, access, or disrupt the operation of computer systems, networks, and devices. Most computer viruses are malware programs. A common malware scam is to create fake emails from legitimate companies and organisations so that when users click on the links, the malware infects the system.
• Ransomware: These are malware programmes that are used specifically to extract a ransom from either an organisation or individual users. Ransomware files block or encrypt data, and then the cybercriminals demand payment in exchange for access being returned, under the threat of the personal information being leaked.
• Insider threats: Where the cyber criminal threat comes from someone already within the organisation, such as an employer or contractor. While these individuals may be authorised to access systems, they misuse that access to steal data, harm the network or for financial gain.
• Social engineering: A prolonged and particularly insidious form of cybercrime that builds a long term relationship and trust between the criminal and user to coerce them into divulging their personal information or login credentials.

If you have questions regarding malicious data breaches, talk to one of our friendly advisors today.

What Is An Unintentional Data Breach?

Unintentional data breaches are any cybersecurity incidents that happen accidentally. Often, this is the fault of the wider organisation or a specific employee. We’ve given a few possible unintentional data breaches here:

• Inadequate data security: if an organisation hasn’t updated their security software, has left physical copies unsecured, or if staff don’t have the correct data security training, then an unintentional, but potentially serious, personal data breach can occur.
• Human errors: honest mistakes can result in personal data breaches. An obvious example would be a failure to use blind carbon copy when sending group emails. The emails of all the recipients would be exposed to one another.
• Unintended disclosure: if personal information is posted to the wrong address, the data subject’s old address or other errors occur, and someone opens the letter, this would be a personal data breach. Such breaches can be especially serious if they concern court cases, as an abusive ex-partner could gain access to information regarding the new address of the data subject.

You can learn more about claiming for an unintentional data breach by contacting our advisors for a free assessment today.

What Can Happen As A Result Of A Data Breach?

Financial losses, psychological distress, as well as potential threats to your safety can occur as a result of a personal data security breach. Both material damage (financial harm) and non-material damage (psychological injury) can have highly detrimental effects on your health and wellbeing.

Additional consequences of having your personal information exposed can include:

• Expensive security installations to your home, or even a full relocation if your address has been exposed.
• Emotional distress, including PTSD in the most serious cases.
• Prolonged absence from work and associated loss of earnings.
• Exposure of sensitive information to family members or friends.

At Legal Expert, we understand just how difficult experiencing a personal data breach can be. For free legal advice and more information on whether you could seek compensation, talk to our advisors using the details given at the end of this page. 

How Can A Data Breach Be Prevented?

Organisations can take a number of steps to prevent data breaches including training, robust software and solid action plans to deal with incidents. A summary of data breach prevention measures has been provided here:

• Ensuring anti-virus and other cybersecurity software programs are regularly updated and systems are regularly inspected for unauthorised access attempts. By keeping on top of software updates, the risk of a cybercriminal gaining unauthorised access is reduced.
• All staff members should receive appropriate training on security operations including how to store, transmit and handle personal data, especially sensitive data, within the office. Staff members should also be aware of the data breach action plan and know when to escalate incidents. 
• Physical copies of personal data, especially sensitive personal data should be locked away when not being used and office premises should also have suitable security installations including locks, alarms and cameras. 

Learn more about how these steps can protect your personal information by reaching out to our advisors today.

Can I Claim For A Data Breach?

Yes, you could potentially claim if a personal data breach occurs and impacts your personal information. You’ll need to show you experienced material, or non-material damage due to the data controller or processor not meeting their obligations under data protection law.

We have summarised the eligibility requirements to make a personal data breach claim here:

1. The data controller or processor engaged failed to uphold data protection law.
2. This wrongful conduct led to a personal data breach that impacted your personal information.
3. You experienced financial harm and/or psychological distress as a result.

You can get a free eligibility check to claim in your specific circumstances, and ask “how do data breaches happen?” by speaking to one of our advisors today.

How Can Legal Expert Help After A Data Breach?

Legal Expert can help you after a data breach by providing free, no nonsense legal advice at a time that suits you. The advisory team can also assess your eligibility to claim for free at no charge. If you do a valid claim, you’ll be connected with one of our highly experienced personal data breach solicitors.

We’ve set out here just some of the services our solicitors can provide:

• Making sure you get the right support and treatment for any psychiatric harm by referring you to relevant specialists.
• Assisting you with evidence collection.
• Calculating a potential compensation figure for both your material and non-material damage.
• Keeping you informed of your claim’s progress and explaining all the legal jargon.
• Negotiating a settlement figure with the data controller’s solicitors.

Our solicitors can offer eligible claimants very beneficial No Win No Fee terms under a contract called a Conditional Fee Agreement (CFA). This contract means no solicitor fees at the start of, during or if the claim fails. A maximum 25% success fee is only taken if the claim is won. This percentage is limited by the law.

Contact Our Solicitors

• Call us on 0800 073 8804.
• Contact us online via our callback form.
• Open the live chat window at the bottom left of your screen.

More Information

Read more of our personal data breach claims guides here:

• Check if you could be eligible to sue a company for a data breach here.
• Read our personal data breach claims FAQs for answers to some common questions.
• Find out how much compensation you could get for a data breach.

We have also included these external resources for additional information:

• Learn more about the symptoms of stress from the NHS.
• Read the data protection advice for individuals from the National Cyber Security Centre.
• Access further UK GDPR guidance and resources from the ICO.

Thank you for reading this guidance on the question “How do data breaches happen?” To find out more, or get a free eligibility check, talk to our advisors today.