My Data Privacy Was Breached By Hilton Hotels & Resorts, Could I Claim Compensation?
n today’s digital world, your data is incredibly valuable. Businesses and third parties that store your data have a direct obligation to adhere to legal guidelines to ensure it is kept safe. However, more often than not, negligent practices or errors could result in your data falling into the wrong hands. If your data has been exposed due to a Hilton Hotels & Resorts data breach, then you could have grounds to make a compensation claim against them provided you have clear evidence of the breach and harm caused.
Throughout this online guide, we are going to outline how a third party like the Hilton Hotel & Resort may neglect legal duties, resulting in the exposure of your data.
This guide will also outline how one of our solicitors could offer to handle your claim. However, if you have any inquiries regarding the content within this guide or your potential claim, then please contact one of our advisers by calling 0800 073 8804.
Select A Section
- A Guide To Data Protection Breach Claims Against Hilton Hotels & Resorts
- What Is A Data Protection Breach Claim Against Hilton Hotels & Resorts?
- Data Security Compliance And The GDPR For Hotels
- Data Protection And Security Breaches By Hotel Chains
- Should I Report A Company To The Information Commissioner’s Office (ICO)?
- How Could Victims Of Hotel Data Breaches Be Compensated?
- Customer Personal Data Breach Compensation Calculator
- How Do I Claim Against A Hotel For A Breach Of My Data Privacy?
- How To Choose A Solicitor Dealing With Data Breach Claims
- No Win No Fee Data Protection Breach Claims Against Hilton Hotels & Resorts
- Start A Data Breach Claim
- Additional Hotel Compensation Claim Resources
A Guide To Data Protection Breach Claims Against Hilton Hotels & Resorts
A data breach is a term often used to describe an occurrence where the security and integrity of your data are compromised. In some circumstances, a data breach can be an intentional or unintentional occurrence.
If your data is breached, then your personal information could be used to identify you—meaning you can be contacted directly or indirectly. For instance, your name, telephone number, home address, and even your bank details could be leaked.
If your data has been breached due to the fault of a third party like Hilton Hotel & Resort, you could have grounds to take legal action and seek compensation as long as you can clearly prove that they exposed your data and you suffered harm as a result.
Within the following sections of this guide, we will delve into the claims process in greater detail.
What is a data breach?
A data breach is when your personal information is non-consensually shared or accidentally leaked. For instance, when using a company’s website, like the Hilton Hotel & Resort, when you allow cookies by ticking the pop-up box when you first arrive at the site, you are consenting to the organisation in question using your data. The information could include your:
- Telephone number
- Bank details
- Username and password
- Online identity
- Name
- Dirth of birth
- Email address
- Home address
Though the data could vary, the same process of request, consent, collection and use also applies to different circumstances of data interaction. For instance, if you are employed by Hilton Hotel & Resorts, they also have a direct duty to ensure your bank details, home address, CV, and any other personal data is secure—even after you exit the company.
What Is A Data Protection Breach Claim Against Hilton Hotels & Resorts?
A data breach is a term often used to describe an occurrence where the security and integrity of your data being compromised. In some circumstances, a data breach can be an intentional or unintentional occurrence.
If your data is breached, then your personal information could be used to identify you—meaning you can be contacted directly or indirectly. For instance, your name, telephone number, home address, and even your bank details could be leaked.
If your data has been breached due to the fault of a third party like Hilton Hotel & Resort, you could have grounds to take legal action and seek compensation as long as you can clearly prove that they exposed your data and you suffered harm as a result.
Within the following sections of this guide, we will delve into the claims process in greater detail.
What Is A Data Breach?
A data breach is when your personal information is non-consensually shared or accidentally leaked. For instance, when using a company’s website, like the Hilton Hotel & Resort, when you allow cookies by ticking the pop-up box when you first arrive at the site, you are consenting to the organisation in question using your data. The information could include your:
- Telephone number
- Bank details
- Username and password
- Online identity
- Name
- Dirth of birth
- Email address
- Home address
Though the data could vary, the same process of request, consent, collection and use also applies to different circumstances of data interaction.
For instance, if you are employed by Hilton Hotel & Resorts, they also have a direct duty to ensure your bank details, home address, CV, and any other personal data is secure—even after you exit the company.
Data Security Compliance And The GDPR For Hotels
Since the introduction of the General Data Protection Regulation, also referred to as GDPR, you have more control over how third-parties use and store your personal data. The GDPR was enacted into UK law by the Data Protection Act 2018, which in return means that every party that stores confidential information must comply with the law—ensuring they keep it safe at all times.
To further your understanding of the responsibilities bestowed onto organisations under the GDPR, we have outlined some roles and responsibilities;
- Data Controller — this is the company responsible for explaining why your data needs to be processed and how it will be collected.
- A Data Subject — this is the individual whose personal data is going to be collected and processed.
- The Data Processor — this is the company responsible for your data who will process your data on behalf of another organisation.
In addition to the obligations outlined above, the party using your data must abide by some data principles, such as:
- Ensuring the data subject is told clearly of the reason and intent behind storing their data.
- The data must be kept up-to-date.
- When processing any personal information, it must be done in confidence and safety.
- Data controllers must show that they are compliant with these data principles.
Should a third party like the Hilton Hotel & Resorts fail to adhere to these duties, then the likelihood that your data will be compromised could increase.
Data Protection And Security Breaches By Hotel Chains
As technology has progressed, the amount of information that is stored about us electronically is naturally growing. However, those who store and look after our data could fail to adhere to their duties, or simple mistakes could be made when handling your data.
In return, this could lead to your personal information ending up in the wrong hands or in places you did not consent to. For example:
- If a computer screen is left unlocked, this could result in unauthorised parties accessing your details.
- If a member of staff has no reason to search for your information and it ends up in the wrong hands.
- A letter or confirmation email regarding your booking could be sent to the wrong individual, resulting in your personal details being compromised.
- The hotel could pass on information about you to a business without valid reasoning to do so.
If you believe that a Hilton Hotels & Resorts data breach has compromised your personal data, then please continue to read this guide or get in touch with our team for free advice.
Within the following sections, we are going to outline how an international hotel like Hilton Hotel & Resorts could breach your data. Most importantly, the following sections will outline how a solicitor could be of assistance when seeking compensation.
If you have any questions, then please contact our team to discuss your potential case.
How International Hotel Chains Could Breach Your Data Privacy
There are various ways in which an organisation like Hilton Hotel & Resorts could breach your personal data. In addition to the multiple ways in which this obligation could be neglected, there are various ways to find out about a security breach, for example:
- A customer who has received the wrong confirmation letter/email may inform the hotel.
- If a hacker were to demand a ransom for the information they have stolen.
- An internal audit identifies and locates data issues.
In the event a breach is identified, the organisation needs to be fully transparent and outline what happened. They must detail what information has leaked, when the breach occurred, and inform the Information Commissioner’s Office (ICO), as well as any victims that have been affected within 72 hours.
For more information regarding data breaches, why not reach out and speak to one of our advisors? They would be more than happy to talk to you and answer any questions you may have.
Should I Report A Company To The Information Commissioner’s Office (ICO)?
If a Hilton Hotels & Resorts data breach has occurred, you might question whether you can take legal action. To make a claim of this nature, you will need to provide valid evidence to support your claim. One of the first ways you could go about collecting evidence is to raise a formal complaint with the company in question.
After you have submitted your complaint, the organisation will take steps to investigate the incident. Once they have completed their investigation, the business should inform you of their findings. However, if you disagree with the outcome of the investigation, then there should be a contact you can escalate your complaint to.
After following those measures with no success, you could request an ICO investigation. The ICO highly recommends contacting them after it has been 3-months since your last communication with the business in question. Please note that if you take too long to get in touch with the ICO, then the likelihood that they will reject your complaint will increase.
It is worth noting that an ICO investigation will not grant you compensation. The only way you can receive compensation for the harm you’ve endured is to pursue a claim with a solicitor.
To discover how a lawyer can offer to handle your claim and help you seek compensation, please speak to one of our advisers.
How Could Victims Of Hotel Data Breaches Be Compensated?
Understandably, there are various aspects to a claim that can ultimately affect the amount of compensation awarded. Within the following section, we are going to evaluate what forms of compensation could be awarded to those who have been affected by a data breach.
Data breach compensation can be broken down into two separate parts:
- Non-material damages, which are used to compensate those affected by psychological injuries.
- Material damages take into consideration and compensate those affected by financial losses.
You will need to provide evidence to highlight if illnesses such as stress, anxiety or depression have affected your daily life, work or education. This can be proven by obtaining medical evidence as part of the claims process, something our solicitors can support you with.
It is integral to your claim that all of these complex considerations are made for your solicitor to attain a precise amount of compensation. So if you would like to have your potential case assessed by a specialist, please reach out and speak to one of our advisers.
Customer Personal Data Breach Compensation Calculator
We receive a lot of questions concerning the amount of compensation that could be awarded to those whose data has been compromised. Generalised compensation amounts are difficult to provide, as there is no “one size fits all” approach to the claims process.
In the case of Vidal-Hall and others v Google Inc [2015], the Court of Appeal held that compensation can be awarded for psychological injuries as well as the financial harm suffered as a result of a data breach. It was recommended that compensation for non-material damage should be valued in line with personal injury claims.
Instead of using a personal injury claims calculator to provide a generalised sum, we have used the Judicial College Guidelines to create a compensation table.
Injury | Severity | Amount | Notes |
---|---|---|---|
Psychiatric Damage | Moderately Severe | £17,900 to £51,460 | Cases of this nature would result in permanent or long lasting disability. |
Psychiatric Damage | Severe | £51,460 to £108,620 | Cases of this severity would have a life-altering impact, resulting in varying implications. |
Post-Traumatic Stress Disorder | Less Severe | Up to £7,680 | A full recovery is expected to occur within two years (minor symptoms may prevail beyond this timeframe). |
Post-Traumatic Stress Disorder | Moderately Severe | £21,730 to £56,180 | PTSD of this nature would have some prognosis with the support of a medical professional, but disability will be expected for the foreseeable future. |
Post-Traumatic Stress Disorder | Severe | £56,180 to £94,470 | Cases of this nature would have a life-altering impacting, effecting both professional and social life. |
The table above outlines how the amount of compensation awarded will be heavily influenced by the type of trauma you’ve endured and it’s severity. To help prove the extent of your injuries, you will be asked to attend a medical assessment.
The professional conducting the assessment will ask you a series of questions regarding the injury, evaluate the severity, and determine whether there are future implications. The information collected will be placed in a report, which will then be used to value your claim.
For more information, please click here to enquire online, or call our team using the number at the top of the page.
How Do I Claim Against A Hotel For A Breach Of My Data Privacy?
If you intend on seeking compensation for a Hilton Hotels & Resorts data breach, then you might be searching for a lawyer who could handle your case. Many claimants take to the internet when searching for a solicitor. More specifically, reading client reviews can offer valuable information.
By reading client reviews, you can gain important information that can benefit the decision-making process. For instance, not only can you gauge whether the service the firm provides is of high quality, but you can see the success rate and past experiences of previous clients.
You can check out some of our reviews from past clients by clicking here.
While we highly recommend that you read client reviews to broaden your knowledge and understanding, we would strongly suggest that you pick up the phone and speak to the firm before progressing with your claim. By picking up the phone, you have the opportunity to ask relevant questions, such as “does the solicitor have experience in handling cases similar to mine?” Not every solicitor will have relevant experience in handling data breach claims, so it is a practical step to consider.
How To Choose A Solicitor Dealing With Data Breach Claims
Nobody ever expects, nor do they prepare for the moments where a negligent third party breaches their data. Therefore, when searching for legal representation, it is more than understandable to be unsure which solicitor to choose from.
In many cases, claimants turn to the internet to read client reviews. Not only can a review leave the previous client offering insight into the firm’s services, but it can outline the success rate and whether the solicitors have the relevant experience.
By reading the thoughts of past clients, you can make a well-informed decision. As mentioned above, you can read some of our past reviews, and you can also get in touch with our team for free advice and support.
No Win No Fee Data Protection Breach Claims Against Hilton Hotels & Resorts
Understandably, you might consider taking legal action if a Hilton Hotels & Resorts data breach has resulted in your data falling into the wrong hands. When taking legal action, you might have concerns about the funding and costs associated with the process.
It is for these reasons why many experts acknowledge the significance of No Win No Fee agreements. If one of our solicitors offers to take on your claim, they will do so under a No Win No Fee agreement, which provides claimants with access to the following benefits:
- No start-up costs, allowing you to commence your claim as soon as possible.
- Zero fees to pay until the claim is over.
- You would not be obligated to cover your lawyer’s legal fees if the claim were to have an unsuccessful outcome.
Should the claim be successful and compensation is awarded, then you should note that a small success fee will be taken to cover the lawyer’s legal expenses. However, please do not worry. By law, the fee is capped, meaning that you do not lose out on a significant portion of your settlement.
Start A Data Breach Claim
Now that you have read this guide to the very end, you might feel confident in starting your compensation claim. If so, then why not reach out and speak to one of our advisers regarding your circumstances? To speak with an adviser, why not use one of the quick and easy methods located below?
- To call our team, use the following number 0800 073 8804.
- Click here to enquire online using our form.
- Or, use the live chat feature by clicking on the icon (located on the right corner of the page).
We look forward to hearing from you.
Additional Hotel Compensation Claim Resources
Within the final section of this guide, we have included some additional information and resources for you to look over. We hope you have found this guide both informative and of use. As always, if you have any questions, please refer to the section above and contact our team.
Freedom of Information Requests – Click the link above to read advice from the UK Government on how to make an FOI request.
Post-traumatic Stress Disorder Information – The NHS outline the symptoms, causes and treatment of PSTD.
ICO – What Does It Do? – Please click the link above to learn the functions of the Information Commissioner’s Office and what they do.
NHS – How To Identify Anxiety – NHS advice on how to identify and treat anxiety.
Private Hospital Claims Guide – our guide to claiming against a private hospital.
Claim Limitation Periods – further details about limitation periods in personal injury claims.
No Win No Fee services – a detailed guide on No Win No Fee claims and agreements.
Other Useful Compensation Guides
- University Of Bristol Data Breach Compensation Claims
- Data Breach By St Helens Borough Council
- GP Data Breach Compensation Claims
- Ibis Hotels Data Breach Compensation Claims
- Newcastle City Council Data Breach Compensation Claims
- University Of Essex Data Breach Compensation Claims
- Liverpool John Moores University Data Breach Compensation Claims
- Plymouth City Council Data Breach Claims
- Stockport Council Data Breach Claims
- Doorstep Dispensaree Data Breach Compensation Claims
- Data Breaches At Sandwell Council
- Sainsbury’s Bank Data Breach Compensation Claims
- HCA Healthcare Data Breach
- Tesco Pharmacy Data Breach
- Kettering General Hospital Data Breach Compensation Claims
- Dixons Carphone Data Breach Compensation Claims
- University of Greenwich Data Breach Compensation Claims
- Aston University Data Breach Compensation Claims
- BMI Healthcare Data Breach
- University of Bath Data Breach Compensation Claims
- Blackbaud Data Breach Compensation Claims
Guide by Brennan
Edited by Billing