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Monetising a DPA breach

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  • #1

    Monetising a DPA breach

    Firstly I have no legal training.....but I've been busy reading up...

    I am aware of a DPA breach affecting circa 125K people. I believe it might be very suitable for collective action eg via an RA [I believe it will easily pass the 'same interest' test].

    My question is...how do I monetise this as a member of the public. Eg Would a law firm pay me for bringing them this lead or me acting as a claimant [since they can't]. Direct approach to a 'case funder'?

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  • #2
    Hello

    First of all collective action isn't always easy and part of those questions around CA is under appeal with the Supreme Court. Secondly, you can't 'monetise' this for your own benefit if you have no legitimate interest in the claim i.e. you are not affected because the rules of maintenance and champerty would apply (champerty being the aggravated version of maintenance).

    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment

    • #3
      Originally posted by R0b View Post
      Hello

      First of all collective action isn't always easy and part of those questions around CA is under appeal with the Supreme Court. Secondly, you can't 'monetise' this for your own benefit if you have no legitimate interest in the claim i.e. you are not affected because the rules of maintenance and champerty would apply (champerty being the aggravated version of maintenance).
      Thank for the reply. I'm aware of CA challenges and Lloyd vs Google [next week in the supreme court I believe].

      In your second line, you explain I can't monetise unless xxxxx. So assuming I pass your test, can I ask my original question....can I monetise it?? And if so, how do I do it??

      Comment

      • #4
        Just to clarify...I was affected. I don't believe the firm involved is aware yet, nor is the wider public. So I'm basically looking to see how I can make money from this [other than pursuing my own case against them]...I'm assuming that the law firm that gets first wind of it can make significant money from it all, so what are they allowed to "pay" me??? Or does it not work like that?

        Comment

        • #5
          You would negotiate something with the firm of solicitors acting on behalf of the claimants but I don't see why a firm would agree to that when they could just bypass yourself and go to the claimant's directly.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment

          • #6
            Well the firm wouldn't know about the breach until I explain it to them...after that i guess you're right that they could simply take the knowledge and sideline me... So I need to find a way of locking in some payout/contingency fee prior to full disclosure...any thoughts?

            Does a law firm have 'first mover' advantage if they are the first to file a claim?? ie others have to go thru them to join the action?? If so I guess that's worth quite a bit to them...

            I'm thinking 100k people at £750 payout each = £75million. Gotta be worth £10 a head to me for the tipoff??

            I've obviously watched Erin Brockovich one too many times!!

            Comment

            • #7
              Not really because any sensibly minded firm will not agree to paying you something without knowing what it relates to. Seems to me you are trying to make a quick buck at the expense of others and I don't see you getting what you want.

              Why don't you do the moral thing and report the breach to the regulator?
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment

              • #8
                Why don't you inform the company anonymously, let them stop the outflow of data and let the ICO deal with it. Hopefully they are a company that can survive such a large breach after a claims management company get their mitts on it.

                Comment

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