Stolen Personal Data

jon81uk

Stenwold said:

jon81uk said:

Stenwold said:

Bradden said:

Stenwold said:

MattMattMattUK said:

You are not entitled to any compensation unless you incur a material loss and the link is provable. Compensation because you feel a bit stressed is never going to happen.

Not necessarily - distress and inconvenience has to be considered when dealing with situations like this; even FOS have D&I guidelines irrespective of whether there's been a material loss.

That's interesting ... I had no idea. Can you post a link to the guidelines please.

https://www.financial-ombudsman.org.uk/consumers/expect/compensation-non-financial-loss 

There's no set rule for D&I so it's a case by case basis, a lot of firms will actually call FOS during a case for their opinion on what could be a fair outcome 

None of the examples outlined on that page are a "situation like this". All the examples have actual things that happened, just "my details got stolen" doesn't directly mean you had to take any action and then any direct cause of stress. My details were stolen, my email hacked and i had to set up a new email address, then swap it over on multiple websites feels like it might get you something. Its still not a direct quantifiable loss, but the stress/effort should lead to something.

I didn't say the list was exhaustive, it's just a guideline. My initial point was, rightly or wrongly, the OP doesn't need to have suffered a material loss in order to be eligible for compensation.

No but it does seem to indicate there needs to be a reason for the stress beyond the stolen details. Having re-read the OP they mention changing their mobile number, that although it itself may not be a material loss it can be the event that causes the stress and inconvenience.

born_again

Stenwold said:

jon81uk said:

Stenwold said:

Bradden said:

Stenwold said:

MattMattMattUK said:

You are not entitled to any compensation unless you incur a material loss and the link is provable. Compensation because you feel a bit stressed is never going to happen.

Not necessarily - distress and inconvenience has to be considered when dealing with situations like this; even FOS have D&I guidelines irrespective of whether there's been a material loss.

That's interesting ... I had no idea. Can you post a link to the guidelines please.

https://www.financial-ombudsman.org.uk/consumers/expect/compensation-non-financial-loss 

There's no set rule for D&I so it's a case by case basis, a lot of firms will actually call FOS during a case for their opinion on what could be a fair outcome 

None of the examples outlined on that page are a "situation like this". All the examples have actual things that happened, just "my details got stolen" doesn't directly mean you had to take any action and then any direct cause of stress. My details were stolen, my email hacked and i had to set up a new email address, then swap it over on multiple websites feels like it might get you something. Its still not a direct quantifiable loss, but the stress/effort should lead to something.

I didn't say the list was exhaustive, it's just a guideline. My initial point was, rightly or wrongly, the OP doesn't need to have suffered a material loss in order to be eligible for compensation.

Except that FOS do not deal with data breaches.

So it would be down to either the company or the courts.