Ask a Law Question, Get an Answer ASAP!
I understand your details have been used to set up a fraudulent company as a result of a data breach with your former employer. Please provide some more details of what exactly has happened?
Thank you, ***** ***** did you leave this employment please?
OK I understand, and what would you like to ask about this please, so that I can best advise?
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.
No problem at all. I will get back to you at the earliest opportunity. Many thanks
Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.
Whether you can sue the company which had the breach will very much depend on whether they were in some way negligent in allowing the breach to happen. All that would be required of them is to have had reasonable safeguards to protect against such a breach, but you have to bear in mind that even if they did and the breach still happened, that would not always make them liable. There has to be negligence on their part, or they would have had to know there was a specific risk of hacking their data, such as previous attempts, which were not adequately safeguarded going forward.
At this stage it is very difficult to say if you have a case or not as you need to establish how the breach happened and what the company did, or should have done, to protect itself from that in the first place. In the end, you are looking at negligence or lack of reasonable steps to reasonably protect their systems, which in turn led to the breach. Only then can you reasonably consider taking it further and potentially suing them, or reporting them to the Information Commissioner’s Office.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.