Following the Capita data breach, KP Law launched a group action to help victims of this privacy violation claim compensation. Here’s a guide to the Capita data breach to help you find out if you have a claim, and what you need to do to secure justice for the violation of your data protection rights.
Capita provides outsourced administration services to over 450 pension providers across the UK. In March 2023, criminals exfiltrated data from Capita’s servers, exposing the private data of potentially six million pension holders and their beneficiaries.
Our group action relates to the Capita pension data breach only.
In May 2023, the ICO posted the following statement:
“We are aware of two incidents concerning Capita, regarding a cyber-attack in March and the use of publicly accessible storage. We are receiving a large number of reports from organisations directly affected by these incidents and we are currently making enquiries.
We are encouraging organisations that use Capita’s services to check their own position regarding these incidents and determine if the personal data they hold has been affected. If necessary, consider reporting a data breach to the ICO and we will use this information to inform our next steps.
Organisations must notify the ICO within 72 hours of becoming aware of a personal data breach, unless it does not pose a risk to people’s rights and freedoms. If an organisation decides that a breach doesn’t need to be reported, they should keep their own record of it and be able to explain why it wasn’t reported if necessary.”
A data breach can result in both financial and identity theft. With enough stolen information, cybercriminals can apply for credit in your name, set up fraudulent bank accounts, use your cards to make payments, and access your existing accounts. Criminals also use financial data in scams designed to extract additional information from victims (e.g. banking passwords). And hackers often sell stolen financial data to other criminals for future scams.
Even if no money is lost, the impact of a data breach can be significant. Many victims suffer from stress, anxiety and distress due to living with the added risk and the extra vigilance needed. According to Action Fraud, “if the exposed data relates to the likes of names, email addresses, phone numbers and dates of birth, it can cause damage of a different kind, namely psychological. Knowing that criminals know these details about you can cause distress, worry and anxiety.”
Our data protection solicitors have listed some helpful links to ensure victims of the Capita data breach know where they can turn.
The leading independent victim’s charity in England and Wales for people affected by crime and traumatic incidents.
If you are struggling emotionally after a data breach, you can call the Samaritans free from any phone.
Advice, information, onward referral, and holistic support to people experiencing mental ill-health and drug/alcohol difficulties (which could be exacerbated following the Capita hack). The service can also support people who have been a victim of crime.
Victims of online offences such as scams and financial/identity fraud following the Capita data hack should contact Action Fraud to report their loss.
A source of unbiased, factual, and easy-to-understand information on online safety with guidance to protect you from fraud, identity theft and abuse.
Impartial advice to help everyone in the UK protect themselves against financial fraud.
Following the Capita data security violation, several UK pension providers are facing angry members, investigation by the ICO, and the threat of huge fines and compensation payouts. This is because, while it was Capita that was hacked, the affected pension schemes are responsible for the security of their members’ data.
However, by helping their members make claims against Capita – the organisation that negligently lost the confidential data – we are helping the affected pension schemes to navigate this crisis without financial or reputational loss.
At KP Law, we understand that choosing a data breach solicitor can be daunting. How do you know if it is the right firm for you, and can you be sure that you will not have to pay any unforeseen costs? To make the process a little bit easier, here are some questions you should ask when choosing a Capita data breach lawyer.
Some firms are keen to take on data breach cases, but they do not have lawyers who are experts in this field. At KP Law, we have a dedicated team of data protection experts led by Kingsley Hayes – arguably the UK’s foremost data breach solicitor. Furthermore, because we understand the minutiae of data breach law, we know what it takes to make a successful data breach claim.
Data breach and cybercrime are relatively new and evolving areas of law, so it can be difficult to find specialist Capta data breach lawyers. Over the past few years, our data breach solicitors have been at the forefront of data breach legal services. And, because we have been doing this for longer than most, we lead our field when it comes to understanding the complexities involved.
Many firms will offer their services on a no-win, no-fee basis. In such cases, if you do not win, you do not have to pay a penny. But it is also worth looking at what you will be charged if you win. Because if your claim is successful, you will have to contribute towards your Capita data breach lawyer’s costs. This ‘success fee’ is taken from the compensation awarded to you, and in some cases, it can be much higher than you expected. Our success fee is one of the most competitive around, and there are no hidden fees or admin charges. We also take out insurance to protect our clients from any legal costs.
A group action allows people to bring their claims together to strengthen their overall position and increase their chances of success. As such, we believe that a group action is the best way to claim Capita compensation.
Several UK firms have knowledge of multi-claimant litigation, but it is worth checking to see if they have specifically managed multiple data breach group actions. Because when it comes to winning cases, understanding the law is only half the battle; you also need experience.
At KP Law, we are currently managing several significant data breach group actions. And we have secured settlements against big players such as British Airways and Ticketmaster.
To join our action, you need notification from your pension provider confirming that you were involved in the breach. We will also ask you for some other evidence to ensure we make the strongest possible claim on your behalf. This includes:
Details of any phishing attacks or scams you have experienced that you believe are linked to the data breach
Some of our clients have seen a rise in attempted phishing scams since the Capita data hack. If you have experienced phishing, or other scam attempts, that you believe are linked to this data breach, please make a note of these, and keep any evidence.
Details of any money lost because of the Capita data breach
If you have experienced any financial loss because of this data breach, please make a note of this and keep any evidence (e.g. bank statements, correspondence, etc.). If your financial data wasn’t breached, you could still have lost money if a phishing scammer has used the personal data stolen in this breach against you.
Details of any mental health conditions caused or made worse because of the data breach
If you have experienced emotional distress because of this data breach, please make a note of this and keep any evidence (e.g. details about medical appointments/prescriptions that relate to this data breach).
Details of any expenses or inconvenience incurred
Following a data breach, people often have to spend a significant amount of time on the phone with their bank and credit reference agencies. Sometimes, there are travel costs and medical expenses required. And it might be possible to add these to your claim.
It is not unusual that – on reviewing a data breach impact form – we uncover information that allows us to increase the value of a claim significantly. What might seem irrelevant to you could make a massive difference in the eyes of the law. So please keep a hold of anything that might be useful.
