We've been featured in:
Virgin Mobile Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Virgin Mobile Data Breach
Whether you’ve suffered a Virgin Mobile data breach because of a hack or a cyber attack, a human error by Virgin staff or because of mismanagement of your data, you may be worried about the consequences.
A Virgin Mobile data incident could cause you to suffer a loss of privacy, and if your details have fallen into the wrong hands, you could become the victim of identity theft or financial theft. Worse still, a data breach could cause you emotional stress, anxiety and could even cause you to lose sleep. If can prove that you’ve been the victim of a personal information breach and it has caused you harm in some way, you could claim Virgin Mobile data breach compensation. This guide has been created to show you the circumstances in which it could be justified.
I Was Affected By A Virgin Mobile Data Breach, Could I Claim Compensation?
In the sections below, we provide a wealth of information about making a Virgin Mobile data breach claim. You could learn more about how your personal data should be protected, how it could be breached and what type of things can be claimed for.
We’ll also give you some guidance on how much you could get if you’ve suffered psychological harm due to such a data breach. And we’ll talk you through how our No Win No Fee data breach solicitors can help.
If you’d like us to check your eligibility to claim or provide you with a solicitor to get you started with a claim, you can contact us at any time on 0800 073 8804.
You can also write to us about your case by heading here. Or chat with us now using our live chat facility, bottom right.
Select A Section
- A Guide To Customer Data Breach Claims Against Virgin Mobile
- What Is A Customer Data Breach Claim Against Virgin Mobile?
- Does The GDPR Apply To Mobile Phone Service Providers?
- Examples Of Data Breaches By The Virgin Group
- Who Is Responsible For Reporting A Mobile Operator To The ICO?
- How You Could Be Compensated If Your Personal Data Is Breached
- How Much Data Breach Compensation You May Be Awarded
- How To Claim For A Data Breach By A Mobile Operator
- How To Find A Data Breach Solicitor
- No Win No Fee Data Breach Claims Against Virgin Mobile
- Contact A Data Breach Solicitor
- Further Information
A Guide To Customer Data Breach Claims Against Virgin Mobile
Our personal data could be held by a variety of different entities nowadays, and with many of us having a mobile phone, one of those entities could be a mobile phone provider like Virgin Mobile.
Mobile phone operators, just like any other data controller/processor have legal obligations to protect the personal data they have, in terms of the storage and processing of such data. These have been strengthened in recent years with the introduction of the General Data Protection Regulation, also known as GDPR, and the Data Protection Act 2018.
But what happens if you suffer harm due to a Virgin Mobile data breach? Would it lead to a fine against the company? And could you get compensation for a breach that has caused you harm, either financially or emotionally?
This guide has been put together to answer these questions and more.
Below, we’ll explain what constitutes a Virgin Mobile data protection breach, and we’ll explain how you could be affected by one. We’ll also describe the responsibilities that Virgin Mobile has towards you if they hold or process your data. We also look at claiming compensation for a data breach, explaining how long you could have to claim and why you could benefit from using one of our lawyers to make your claim.
What Is A Customer Data Breach Claim Against Virgin Mobile?
Like most large businesses, Virgin Media holds the personal details of its customers. It has a responsibility to do so in a secure manner, but as we’ll see, sometimes things go wrong.
What Could Constitute A Data Breach?
A data breach could apply to the accidental or unlawful disclosure, loss, theft, access, transmission, storage, alteration, or processing of your personal data. This could be your e-mail address, home address, full name, date of birth, or anything that could identify you on its own or in combination with other data.
The reason this is so important is that if your data is breached, it could lead to some unwanted consequences. In some cases, it could be possible for someone with your data to commit identity fraud. They could, in some cases, gain access to your financial accounts and commit theft, or make fraudulent purchases in your name. They could also apply for finance in your name.
Another consequence of a Virgin Mobile data breach could be psychological. If you know your personal data has been breached you could lose sleep worrying about the consequences. You may even suffer anxiety. Having your personal data breached could even cause similar psychological consequences to being burgled.
If you can prove that you have suffered psychologically or financially because of a breach of your personal data, you may be able to claim against Virgin Mobile. Evidence is key in such cases. If you’d like more information, our data breach claims advisers are on hand to help. Simply call them on the number at the top of this page.
Does The GDPR Apply To Mobile Phone Service Providers?
Virgin Mobile is a subsidiary of Virgin Media. It was launched back in 1999 and is thought to have approximately 3 million customers. Just like other large businesses, Virgin Mobile holds data regarding its customers and processes that data in several ways in order to provide its services. But just like all businesses that hold and process data, it needs to comply with GDPR and the Data Protection Act 2018.
Businesses must comply with GDPR if they hold/process data belonging to EU subjects, no matter where that business is based in the world. It is a tough privacy and security law that could lead to actions being taken against companies that do not comply with it. Some of those actions could include fines.
The rules under which organisations should store and process data are lengthy but can be broken down into 7 main principles, including:
- Accountability – data controllers should be able to prove they are complying with the principles below.
- Integrity and confidentiality – Data integrity and confidentiality must be maintained. Organisations can do so by using methods such as encryption, for example.
- Accuracy – data must be kept accurate and must be regularly updated.
- Minimisation – the data collected and stored must be the minimum required for the purpose it is needed for.
- Storage limitation – data should only be stored for the minimum amount of time necessary.
- Purpose limitation – data should only be collected for purposes that are legitimate and the subject should have been aware of those purposes.
- Fairness, lawfulness and transparency – data processors/controllers should be transparent with data subjects, and all processing and storing should be done lawfully and fairly.
If can evidence that your personal information has been breached in a Virgin Mobile data incident, and the incident breaches data protection laws, you could make a Virgin Mobile data breach claim. To learn more, simply call us on the number at the top of this page.
Examples Of Data Breaches By The Virgin Group
According to reports, in March 2020, Virgin Media admitted a breach in the security of one of its databases that was left accessible online for up to 10 months. According to the company, this data was accessed by an unknown user on at least one occasion.
While the database did not contain the financial details of customers, it did contain personal details, including the e-mail addresses, names, and phone numbers of around 900,000 people. The breach was said to have been caused by the incorrect configuration of the database by its staff.
Source: https://www.bbc.co.uk/news/business-51760510
In more recent news, it has been reported that there has been a Group Litigation Order (GLO) launched against Virgin Media UK because of the breach. The Virgin Mobile data breach class action is thought to include 2,000 claimants whose details were breached.
How Do I Claim Compensation From Virgin Mobile If I’m Not Doing So Through The Case That’s Been Launched?
If you can prove that you’ve been affected by the Virgin Mobile data breach of 2020, compensation claims could be launched separately from the class action.
Our lawyers could help you to fight for the maximum compensation possible for the loss of privacy and any emotional stress you’ve experienced, as well as any financial harm you’ve suffered due to the breach.
If you’d like us to assess whether you could claim, we’d be happy to do so for free. Even if you’ve suffered a data breach in a different incident, we could help you make a claim.
How A Mobile Phone Provider Could Be In Breach Of Your Data Privacy
If you’re asking ‘can I sue Virgin Mobile for a data breach’, you would need to be able to prove that your data was:
- Accessed by an unauthorised third party
- Was altered without your permission
- Was sent to someone else that was unauthorised (for example via e-mail if someone sends your details to someone else in error)
- Lost in terms of its availability
- Accidental inaction or acts by controllers or processors
- Deliberate inaction or acts by controllers or processors
- Contained on a computing device that was stolen or lost
One thing we should mention is that you may only have a short time to claim for a data breach. While the time limit for data protection claims could be made up to 6 years after the incident, if the breach affects your human rights, you would only have a year to claim.
Who Is Responsible For Reporting A Mobile Operator To The ICO?
While you could report Virgin Mobile for a data breach to the ICO (Information Commissioner’s Office), you should contact the company directly, according to the ICO.
When reporting a Virgin Mobile data breach and asking them to investigate, you should, according to the ICO:
- Raise it quickly
- Ensure you send it to the correct address
- Give specific details as to the breach. You may want to ask questions too, such as ‘Has Virgin Mobile been hacked?’ if you believe this to be the case.
- Request a response within a certain timescale
- Request compensation if you think you deserve to be compensated
If you don’t receive a response to the complaint, or you don’t receive a response you believe to be satisfactory, you could go on to report the breach to the ICO and ask them to investigate. You should do so within three months of the incident, as any delay in reporting a breach could mean that the ICO won’t investigate it.
Can I Get Compensation For A Virgin Mobile Data Breach Even If The ICO Isn’t Investigating?
We could help you whether you have reported the data breach to the ICO or not. Our expert lawyers could launch data breach claims that take into account any financial or emotional harm you’ve suffered.
How You Could Be Compensated If Your Personal Data Is Breached
A Virgin Mobile data breach claim could include compensation for both non-material and material damages. You could claim for:
- Financial expenses – if someone has accessed your financial accounts, for example, you could be compensated for this
- Non-material damages – if the data breach has caused you to experience stress, anxiety or depression, for example.
Calculating My Data Breach Claim Against Virgin Mobile – What’s Involved?
Working out how much compensation you could receive for the financial harm you’ve suffered may not only involve checking if you’ve had any money stolen from you. Experienced lawyers know that the risk of financial harm could extend long after the incident that breached it. Along with the compensation for the actual financial expenses you’ve suffered, they could also use the experience they have to secure you the maximum compensation achievable for your claim.
When it comes to calculating the non-material damages relating to your claim, you would have to see an independent medical professional. This is so that they could assess the impact on your mental health the data breach has caused. After this assessment has taken place, they would complete a report that details your injuries and prognosis for recovery. This evidence could be used to fight for the compensation you deserve.
How Much Data Breach Compensation You May Be Awarded
The reason it could be possible for you to make a Virgin Mobile data breach claim for psychological injuries lies in a legal precedent that was set in Vidal-Hall and others v Google Inc [2015] – Court of Appeal. Here it was decided that compensation could be sought for psychological harm even in the absence of financial damage.
It was further determined that compensation for psychological injuries can be valued in line with personal injury law.
This essentially means that you could claim for the impact on your mental health that a Virgin Mobile data breach has caused even if it hasn’t caused you financial difficulties.
The figures below, which we have taken from the Judicial College Guidelines, give an indication of what levels of compensation could be appropriate for a range of psychological injuries.
| Type of injury | Compensation Amount | Remarks |
|---|---|---|
| Severe general psychiatric injury | £51,460 to £108,620 | A marked effect would be noticed on the injured party’s relationships as well as their ability to work, cope with education and life in general. The effectiveness of treatment would be assessed. |
| Moderately severe general psychiatric injury | £17,900 to £51,460 | The factors above would be impacted significantly, but the prognosis would be more positive. |
| Moderate general psychiatric injury | £5,500 to £17,900 | Problems similar to the above would feature but there would already have been a significant improvement by the time of trial/resolution. Prognosis would be good. |
| Less severe general psychiatric injury | £1,440 to £5,500 | The injured party’s ability to take on daily activities and their ability to sleep would be assessed. The severity of any disabilities and the length of time suffered would be considered. |
| Severe PTSD | £56,180 to £94,470 | All aspects of the injured party’s life would be affected, and these effects would be permanent. The inured party would not be able to function to the same level as they did prior to the trauma. |
| Moderately severe PTSD | £21,730 to £56,180 | A better prognosis than above, with professional assistance. Some significant level of disability would continue for the foreseeable future though. |
| Moderate PTSD | £7,680 to £21,730 | The person affected would largely have recovered. There would be no grossly disabling continuing symptoms. |
| Less severe PTSD | £3,710 to £7,680 | Injured parties in this bracket would have achieved a virtually full recovery, with only minor symptoms continuing. Recovery would have taken place between 1-2 years. |
You could also include damages that relate to the financial effects of your mental suffering, including:
- Medical costs
- Care costs
- Loss of income
- Travel costs
If you’re not sure what you could claim for, we could help you. If you call our knowledgeable team, we’ll be happy to discuss your claim with you.
How To Claim For A Data Breach By A Mobile Operator
In order to claim compensation for a Virgin Mobile data breach, you could write to the company directly, asking them to investigate and request that they pay you compensation for the harm that you’ve suffered because of their breach of your personal data.
You can do so without legal assistance, but there are some benefits to seeking help from a data breach solicitor, including:
- Less stress – the lawyer would take on all the legal legwork for you
- More compensation – you may be able to have the confidence to fight for a higher payout with a legal professional on your side. Not only that, but a lawyer could help to make sure you don’t miss out on claiming anything you could be entitled to
How To Find A Data Breach Solicitor
If you’re convinced of the benefits of using a lawyer to help you fight for compensation for a data breach, you may be wondering where you could find one. Here at Legal Expert, we’d be happy to provide you with a data breach solicitor to represent you.
When you call our team, we’ll go through some details with you, and you’ll have an opportunity to ask us any questions you might have. All advice is free, and there’s no obligation to use our services.
We’ll also perform a free eligibility check on your case to see if your claim has merit. Once we’ve done that, we’ll tell you whether it could be appropriate for us to provide you with a solicitor to help you make your claim. All of our data breach solicitors work on a No Win No Fee basis, so you won’t have to pay them anything until your claim is successfully settled. They come highly recommended too, as you’ll see from our reviews.
No Win No Fee Data Breach Claims Against Virgin Mobile
We mentioned that all of our lawyers work under No Win No Fee agreements, or Conditional Fee Agreements as they are often known. What this means is that they would not ask you to pay upfront to begin your claim. Instead, you’d be sent an agreement document to sign which would promise a small success fee to your lawyer in the event of a successful claim. The success fee is usually a percentage of your compensation and is legally capped. You’d only pay it once your compensation has been settled.
If your lawyer couldn’t get you any data breach compensation, you would not pay the success fee. You would not need to cover the costs that the solicitor had incurred while they were fighting your claim either.
We’ve included a resource at the end of this guide that explains No Win No Fee claims in more detail, but if you’d like to ask us anything about this, please don’t hesitate to call us.
Contact A Data Breach Solicitor
Want to begin a claim right away? Or perhaps you have questions? We’re happy to help. You can get in touch with us:
- Via Telephone: 0800 073 8804
- By e-mail: info@legalexpert.co.uk
- By filling in our contact form
- Or using Live Messaging
Further Information
In this final section on our guide to data breach claims, we’ve included some more resources you may find useful.
General Information On Data Breach Claims– You’ll find more information on data breach claims here.
No Win No Fee – As promised, here is our guide to making a No Win No Fee claim with Legal Expert.
Credit Card Data Breach – Has your credit card data been breached? If so, this guide could help.
How Your Data Could Be Used– This ICO resource explains how your data can be used by those who have it.
Enforcement And The ICO – You can find details of what enforcement actions the ICO has taken.
What Should Companies Do In The Event Of A Data Breach?– This guide explains how an organisation should act if they become aware that they have suffered a data breach.
Other Compensation Guides
- Can I Claim Compensation For A Passport Data Breach?
- Travelodge Data Breach Compensation Claims
- BT Data Breach Compensation Claims
- Hertfordshire Constabulary Data Breach
- Anglia Ruskin University Data Breach
- Royal Bank Of Scotland Data Breach Compensation Claims
- University Of Newcastle Data Breach Compensation Claims
- Experian Data Breach Compensation Claims
- Bedfordshire Police Data Breach
- British Transport Police Data Breach
- Human Error Data Breach Claims
Thank you for reading our guide to Virgin Mobile data breach claims.
Guide by Hambridge
Edited by Billing
Meet The Team
Our Top Legal Guides
