Welcome To The Data Leak Lawyers Blog

A comparison between the EU and U.S. data breach notification laws

Data Protection should always be a huge concern for companies and organisations. As with most laws, there are differences that can give some people in some countries more rights than others, such as the differences and similarities with data breach notification laws within both the EU and U.S.

In a world where data breaches can be cross-jurisdictional – i.e. a hacker from the U.K. hacks an American business – these differences could become quite important. It’s a challenge we face when representing victims for claims.

So, what are some of the characteristics of EU and U.S. data laws?
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Introducing the vicious cycle of data breach fatigue

It seems like we can never escape them; they’re in the headlines and our news feeds all the time, and data breaches are such a common occurrence these days.

So, what is being done to stop data breaches occurring?

Surely with advances in smartphones, self-driving cars and artificial intelligence, we have the technology and skills to stop hackers from cracking websites and security walls? Surely we have access to enough decent cybersecurity software to protect data, and are capable of training staff and enacting procedures and protocols to protect data from leaks?
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A simple guide to data breach terms

These days, data breaches are happening left right and centre. A lot of them are dealt with discretely and we may never hear about them, but for those that are publicised, statements from offending organisations can be littered with jargon and tech-words.

Sometimes when things go wrong, organisations are keen to blame anyone and anything but themselves. Some may play that they are the victims of “super hackers” when in reality the breach could have been avoided with better cybersecurity in place. To try and understand what they may be saying underneath the “waffle”, we’ll go over a few simple terms.
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Debt collection agency data breaches

Being in debt is not usually something people are comfortable with others knowing. It can be a difficult situation that some people are powerless to stop. Sometimes things just don’t go our way and we’re left in a hole with no obvious way out.

When debts aren’t settled, debt collectors are usually never far behind. However, although it’s their job to recover money, the business of debt collection must be conducted in accordance with the law. It must be done in a professional manner which includes respecting someone’s personal information and data privacy rights.
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“We Heart It” website suffers data breach reportedly affecting eight million accounts

Popular image-sharing site, We Heart It, disclosed a data breach where eight million accounts have reportedly had their emails and passwords stolen.

Although only recently discovered, the breach is reported to have happened five years ago for accounts created between 2008 and November 2013.

Email addresses, usernames and encrypted passwords are thought to have been compromised. The company also admitted that, although encrypted, the passwords were unfortunately not secured.
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How should an organisation prepare for a data breach?

It’s now 2018. To many of us the internet is so important in our day-to-day lives it’s on the same level as eating and drinking. In just a few decades, we’ve gone from a screeching dial-up connection to super-fast Wi-Fi broadband (though not always quite fast enough) to meet with our ever-increasing online demands.

Technology is still developing at an alarming rate to allow us to do almost anything efficiently, accurately and even remotely. However, that isn’t to say that these technological advancments are perfect. Whilst we encourage new technology to allow us to make video calls with our grandparents half way across the globe and to send money with a swipe of our phones, cybersecurity is still lagging behind.
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What are the risks of data theft?

With big data comes big risks…

This is even more the case in today’s growing digital era. Any company or organisation can be at risk of data theft if they’re not careful. That’s why cybersecurity is crucial to ensure that any risk of data theft is kept at a minimum. It’s not just about working hard to prevent cyber-theft, but it’s about working smart to stay one step ahead of the game.

The risks are huge.
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Charity worker prosecuted for sending confidential information about vulnerable people to himself

Robert Morrisey was prosecuted by Preston Crown Court for sending confidential information about 183 people to his personal computer.

At the time of the breach, Morrisey was working as a mentoring co-ordinator for Rochdale connections Trust charity.

In copying the sensitive information without permission or the knowledge of his employer, Morrisey lost his job. He also lost his position as a Magistrate and was ordered to pay over £1,800.00.
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Is the ethical handling of data the new moral responsibility for businesses and organisations? Could it help gain a competitive advantage?

The ethical handling of data has always been the aim of data protection watchdogs and officials. Companies and organisations have the responsibility to handle data securely under the Data Protection Act (DPA), but there is a term known as ‘ethically handling data‘ that’s growing in popularity.

The difference with ethical handling of data and normal handling of data goes beyond privacy, some believe. It’s about whether customers are aware of how their data will be used and how it will be protected from third parties above and beyond what anyone would generally assume.
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