Malaysia Airlines Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Malaysia Airlines Data Breach
Could I Claim If Affected By The Malaysia Airlines Data Breach?
In this article, we are going to review whether you could claim compensation for a Malaysia Airlines data breach that lasted for around 9-years. The breach led to personal information about some of its customers being leaked due to a problem with a third-party IT company.
Customers who have suffered as a result of the security incident could be eligible to claim for any suffering it has caused. As we progress, we’ll explain what type of harm could justify data breach claims involving Malaysia Airlines and look at what compensation could be paid.
In recent times, data protection safeguards have increased. You have probably heard of the General Data Protection Regulation (GDPR), but you may not have heard of The Data Protection Act 2018. Together, these new laws provide data subjects extra control over how companies (data controllers) process their personal data.
It now means there needs to be a lawful reason to use your information. In some cases, that means you need to provide consent before it can be recorded. Data controllers who fail to keep your information secure might face a financial penalty if the Information Commissioner’s Office (ICO) decides they have broken the law.
If you can prove that you have suffered financial or psychological damage because of a Malaysia Airlines security incident, you may be eligible to claim data breach compensation. We provide a no-obligation telephone consultation to review any case.
During the call, you’ll receive free advice about your options. If the claim has strong enough grounds, it might be accepted by a data breach solicitor from our team. Any case that is accepted will be managed on a No Win No Fee basis.
Please call today if you’re interested in starting a claim. Our team can be reached on 0800 073 8804. Alternatively, please continue reading to find out more.
Select A Section
- A Guide About Data Protection Breach Claims Involving Malaysia Airlines
- What Is A Data Protection Breach Claim Involving Malaysia Airlines?
- Airline GDPR Compliance
- Has The Malaysia Airlines Data Security Incident Been Reported To The ICO?
- Can I Inform The ICO About Data Breaches By International Airlines?
- How Airline Passenger System Data Breach Victims May Be Compensated?
- Calculate Your Data Breach Settlement Award
- How To Sue An International Airline For A Data Breach
- How Data Breach Solicitors Could Help You
- No Win No Fee Data Protection Breach Claims Involving Malaysia Airlines
- Get In Touch With A Data Breach Solicitor
- Related Guides And External Resources
A Guide About Data Protection Breach Claims Involving Malaysia Airlines
In this guide, we aim to explain when data breach claims involving Malaysia Airlines might be justified. We will provide a case study of one breach which affected members of the Enrich frequent flyer scheme. The breach lasted for 9-years and led to personal information including names, contact details and frequent flyer status, being disclosed illegally.
A data security breach could cause you to lose money if your data is used by criminals, it is also possible that you might suffer psychological injuries. For that reason, we’ll provide some example compensation figures that relate to relevant injuries.
As we continue, we’ll show you what duty of care companies have in relation to the GDPR. Additionally, we’ll show what role the ICO has when a company breaks data protection laws. While the ICO can’t issue you with compensation, the findings of their investigation could certainly help if you decide to take action. Therefore, we’ll explain the process to follow if you want to ask the ICO to investigate a breach.
In the UK, all compensation claims have time limits. If you’re claiming for an airline passenger system data breach, you’ll have 6-years to do so from the date you obtained knowledge of the breach. You may wish to clarify this, though, as some cases are restricted to a single year if they involve a breach of human rights.
Starting your claim early will probably mean that you’ll find it easier to describe the impact of the data breach. Additionally, gathering evidence that supports your claim should be easier too.
When you have finished this article, our team will be ready to support you. So why not get in touch today to find out your options? If your claim appears to be valid, we could appoint a data breach lawyer to represent you. They’ll work on a No Win No Fee basis if your claim is accepted.
What Is A Data Protection Breach Claim Involving Malaysia Airlines?
To help you decide whether you can claim for a Malaysia Airlines data breach, we’re going to explain the GDPR definition of a breach in this section.
The definition listed in the GDPR is where a security problem creates a scenario where personal information is altered, destroyed, accessed, lost or disclosed in an unauthorised manner.
To claim for the Malaysia Airlines data security incident that we’ll discuss later, you’ll need to prove that you have suffered damage in a financial or psychological way.
Airline GDPR Compliance
The GDPR explains the duty that organisations have with regards to data protection. For example, in relation to data processing, it says data controllers have to:
- Let data subjects know why their information is needed.
- Use obvious, fair and legal processing techniques.
- Ensure all personal data is updated regularly.
- Only collect information that is necessary and nothing more.
- Ensure processing is confidential and secure.
- Only keep personal information for as long as it is required.
If a data security breach happens, the data controller is obliged to investigate. They also need to inform the ICO. If there is a potential for data subjects to be at risk, they must be told:
- How the data breach took place.
- When it happened.
- The type of data that was leaked.
If the breach resulted from data protection laws being broken, the ICO could fine the organisation responsible. Additionally, you might be eligible to claim compensation for any harm caused.
Has The Malaysia Airlines Data Security Incident Been Reported To The ICO?
We are now going to provide more information about the Malaysia Airlines data breach. The breach occurred between March 2010 and June 2019 and compromised information from the Enrich frequent flyer scheme.
The information that was exposed by the Malaysia Airlines data security incident included names, contact details, dates of birth, genders and frequent flyer information. The company announced that sensitive information or payment details were not thought to have been leaked. However, it did contact customers who were affected to change their passwords to reduce any risk.
How an international airline could breach your personal data security
So, how could a data security breach involving personal information happen? Well, there are many ways, but the list could include:
- Emails or letters containing personal information being sent to the wrong customer.
- IT systems being hacked.
- Printed documents containing personal information being left in a public place.
Can I Inform The ICO About Data Breaches By International Airlines?
You are entitled to report a Malaysia Airlines data security incident to the Information Commissioner’s Office. However, they say that you must have complained to the organisation first.
After you receive a formal response to your complaint, you should escalate it where possible to try and reach a resolution. If that can’t be achieved, you should contact the ICO when it’s been 3-months since you last heard from them. Try not to leave it much longer than that as the ICO can refuse to investigate old cases.
An ICO investigation could lead to a company being fined for a data protection breach, but it won’t lead to compensation. Therefore, you’d need to start legal action yourself to claim for any harm caused by a Malaysia Airlines data breach.
How Airline Passenger System Data Breach Victims May Be Compensated?
If you prove that you’ve suffered damage as a result of a Malaysia Airlines data breach, you could be eligible to claim compensation. The process of doing so can be quite complex as you need to consider if there will be any additional harm in the future. The reason for that is that once you have agreed to settle, you can’t ask for additional compensation later on.
The first part of your claim would usually be for any costs or financial losses. This is called material damages. Calculating what amount you’ve lost already is quite straightforward. However, it is more difficult to calculate any potential future losses that might be incurred. This might be the case if criminals have sold your personal details online.
The next part of the claim covers non-material damages. This compensation aims to compensate you for any injuries that result from the data security breach. For example, you may have been diagnosed with stress, anxiety or depression.
During your claim, an independent medical advisor will assess you to see if you might suffer additionally in the future. For instance, your ability to maintain relationships could be affected or your ability to continue at work.
As you can see, claiming for an airline passenger system data breach can be quite tricky. That’s where a specialist solicitor could really help. With their experience, they’ll assess your claim properly to try and make sure no aspect of suffering has been missed before your claim is submitted.
Calculate Your Data Breach Settlement Award
In this section, we will show what compensation could be paid for a data breach under the GDPR. The figures we have listed in the compensation table that follows are for psychiatric injuries that could result from a data breach.
As each claim is different, you should use these amounts as guidance. Once your claim has been assessed, an experienced solicitor should be able to offer a more accurate compensation estimate.
The figures you can see below have been taken from the guidelines of the Judicial College.
|Injury||Severity||Compensation Range||Explanatory Information|
|Psychiatric Injury||When assessing psychiatric damage claims, five factors will be used. They are: 1) How the claimant deals with life, work or education; 2) Any impact on relationships; 3) The likelihood of successful treatment ; 4) If the claimant will be vulnerable in the future; 5) The medical prognosis.|
|Psychiatric Injury||Severe||£51,460 to £108,620||In this compensation range, the claimant will have significant issues in factors 1-4 resulting in a very poor prognosis.|
|Psychiatric Injury||Moderately Severe||£17,900 to £51,460||There will be similar levels of suffering in factors 1-4 as above, but the prognosis will be more optimistic.|
|Psychiatric Injury||Moderate||£5,500 to £17,900||Initially, the victim will have serious problems in factors 1-4. However, they will have shown good levels of improvement so will receive a good prognosis.|
|Psychiatric Injury||Less Severe||Up to £5,500||This category looks at what impact was caused to daily activities and how long they lasted.|
You are allowed to claim for such injuries that result from a breach of data protection even if you’ve not been impacted financially. That’s because of a decision made by the Court of Appeal when hearing the case Vidal-Hall and others v Google Inc . They also said compensation for psychological damage should be awarded using amounts awarded in personal injury cases.
The amount of compensation awarded is largely based on how severe the injury is. Therefore, as part of the claims process, you will need to have a medical assessment. If you work with us, your data breach solicitor will try to arrange this as locally to you as possible. In your appointment, an independent specialist will assess you by asking a series of questions. They will also review your medical records if they are available.
Following the appointment, the specialist will send a report containing their findings to your solicitor. Please call today if you would like more information on the amount of compensation you could be paid.
How To Sue An International Airline For A Data Breach
We’d now like to reiterate the actions you could take if you would like to claim for the airline passenger system data breach involving the Enrich frequent flyer scheme.
The first step is to contact Malaysia Airlines if you believe your personal data was leaked. After you have received a formal response, you should escalate it to the next stage, if possible. If you are still not happy with the outcome of your complaint, you could start your own legal proceedings to claim for the data security breach.
If that is the case, Legal Expert could support your claim. Our team will happily assess the merits of your claim during a no-obligation consultation. If there’s a chance you could be compensated, a data breach lawyer from our team could be appointed. If that happens, they’ll represent you on a No Win No Fee basis and work hard to try and make sure you are compensated fully.
How Data Breach Solicitors Could Help You
Now that you’ve almost finished reading about data breach claims involving Malaysia Airlines, you may now want to hire a specialist solicitor to represent you. There are many ways to choose one. You might ask a friend to recommend a solicitor, trawl through online reviews or look for a data breach law firms near you. Or, to save a lot of time, you could contact Legal Expert’s free advice line.
We’ll answer any queries about your claim as needed. You’ll also receive a free assessment of your case. If the claim appears to be strong enough, one of our solicitors could agree to work for you. If you’re happy to continue, your solicitor will:
- Assess your claim fully with you.
- Collect and collate evidence to support your claim.
- Arrange a local medical assessment.
- Prepare the claim and file it with the defendant.
- Deal with all aspects of communication so you don’t need to be too involved.
- Keep you up to date with any progress.
No Win No Fee Data Protection Breach Claims Involving Malaysia Airlines
If you’re thinking about making a claim involving Malaysia Airlines, you might be worried about what legal representation will cost you. To remove some of that worry, our team of specialist solicitors provide a No Win No Fee service for any claim they take on. That allows you to receive experienced legal representation with a lowered financial risk.
When you call to talk about data breach claims involving Malaysia Airlines, a solicitor will need to check how likely the claim is to be won. Should they accept the case, they’ll compile a Conditional Fee Agreement, or CFA, for you (the formal name for a No Win No Fee agreement).
The CFA is important because it explains what the solicitor needs to do before they are paid. Also, it will show that:
- Claims can start right away as there aren’t any upfront charges.
- You don’t need to pay any solicitor’s fees while your case is being processed.
- Solicitor’s fees won’t be charged if the claim fails.
Your solicitor will only be paid if they win your case for you and compensation is paid. If that does happen, a success fee will be deducted from your compensation. This is a fixed percentage of your compensation and it is listed within the CFA. By law, success fees are capped.
Get In Touch With A Data Breach Solicitor
We are nearly at the end of this guide about data breach claims involving Malaysia Airlines. We hope that we’ve helped you understand your rights if you’ve been affected by a Malaysia Airlines data security incident. If you are now thinking about making a claim, we could help. To get in touch, you can:
- Call and explain your case to a fully trained advisor on 0800 073 8804 and receive free legal support.
- Ask for an advisor to contact you when it’s convenient by completing this form.
- Email email@example.com to let us know how you have suffered.
- Explain your claim to an online specialist in live chat.
If you decide to contact us about a Malaysia Airlines data breach claim, we will always provide an honest opinion about your chances of being compensated.
A member of our team will provide a free assessment of your claim after reviewing the evidence. They’ll also offer free legal advice.
If the claim appears to be viable, it could be passed to one of our data breach solicitors. Remember, any claim that is accepted will be funded by a No Win No Fee agreement. Please call today to start the ball rolling.
Related Guides And External Resources
Thanks for reading this article on the Malaysia Airlines data breach. As we have already provided information about when you could be eligible to claim, in this section, we are going to link to some additional resources that may prove useful. Please feel free to contact an advisor from our team if you require further support.
Getting Data Deleted – This article shows you when you have the right to request that personal records are deleted.
Mental Health Support – Information on how to access NHS mental health services.
Legal Expert can support a raft of different claims besides those for data breach claims involving Malaysia Airlines. To provide some examples, we’ve included some of our guides below:
Birth Injury Claims – This article explains when it might be possible to claim if a mother suffers an avoidable injury during birth.
Forklift Accidents – Advice on how to start a claim for injuries sustained in a forklift accident at work.
Road Accident Claim Time Limits – An article that shows what time limits apply when claiming for a car accident.
Guide by Hambridge
Edited by Billing