Virgin Media data breach

[unclebulgaria67]

I am a Virgin Media customer and have had an email advising that I may be one of 900,000 customers who have had some of their data accidentally published online.   

 

VM have just said that it was email addresses and phone numbers that were published and to be careful when receiving emails etc.

 

The question is whether VM have any legal obligation to compensate any customers ?

 

If the ICO fine VM, this just goes to the Government and is not passed on to the customers affected. 

 

I am tempted to contact VM, asking for details of the compensation they are offering for this breach and that if they are not offering any, that I may look to cancel my account. 

[Andyorch]

https://www.bbc.co.uk/news/business-51760510

[Peterbard]

Unfortunately damage claims are based on losses incurred. Although there are new general awards for data breach under GDPR

I think an action would have to be brought from the ICO.

[stu007]

From Virgin Media Website: https://www.virginmedia.com/help/data-incident/important-information

 

note from the above link they say it wasn't a cyber attack nor a hack.

 

so the question is how did they obtain this data from Virgin Media.

[unclebulgaria67]

Virgin Media apparently left a marketing file available to be viewed online. This is why it was just email and telephone numbers.  And the file was accessed once by an unknown user.  Hence the advice to be careful with emails and attachments.

 

Virgin Media use an Indian call centre to phone their customers asking whether they are interesting in upgrading.  It is interesting to note that reports were being made that VM customers were receiving suspicious phone calls and I wonder whether this led to this file being found.  

 

 

[BankFodder]

9 hours ago, Dodgeball said:

Unfortunately damage claims are based on losses incurred. Although there are new general awards for data breach under GDPR

I think an action would have to be brought from the ICO.

 

Sorry but this is mainly wrong. Since the Google case, damages for data protection breaches are available for distress without proof of damage or actual loss. You would bring a civil action. There is no need to bring an action to the ICO. However I can imagine that damages will be extremely modest but you might like to treat yourself to a small claim for about 50 quid and I expect that VM would roll over

[Peterbard]

Hey BF, dont go using the ."W" word at me

 

There were a number of cases regarding general damages, I seem to remember.

The case was widely criticised and given right to appeal. Also there was no automatic right to claim damages.

 

I also think it would be difficult for an individual to take on the action, although I concede such a thing may be technically possible.