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Original poster

Insurance data breaches - advice needed pls

12 replies

namechangerqwerty · 19/07/2022 10:04

Hi, I’m looking for advice re: data breaches by my insurance company. They have, on multiple occasions sent my ex husband & I each others’ policy documents. I have email documents telling them to stop & they record the (multiple) phone calls we both made over 2 years re: this. Genuine stress we could have done without.

Generally the service was poor from them
in other respects too. Customer service & barring access to online accounts.

The ombudsman have accepted the case. Do I need a solicitor on board? Anything else I need to be aware of/ plan for?
Thanks

OP posts:
EmmaC78 · 19/07/2022 15:50

No you won't need a solicitor, you will be able to deal with this yourself. When you say Ombudsman do you mean the ICO or is the ombudsman dealing with the data breaches as part of a larger complaint.

bellinisurge · 19/07/2022 15:52

You don't need a solicitor to take a complaint to the ICO. They should explain everything clearly

Original poster
namechangerqwerty · 19/07/2022 20:18

Thanks both. It’s The financial ombudsman service, complaints dep.

I’ve not been through anything like this before, so not sure if the ombudsman will advise me on compensation, or if I need to be suggesting an amount. Anyone know?

OP posts:
EmmaC78 · 19/07/2022 21:06

They'll likely ask for an indication of any actual losses you have incurred. In your case it is most likely compensation for stress and time spent making the complaint. Was there anything sensitive in the documents? To be honest it will probably be a fairly long and drawn out process and unless there was anything particularly sensitive in the documents you might get a few hundred pounds for the hassle/stress caused but that's about it.

Eileen101 · 19/07/2022 21:11

Amounts awarded by the FOS for compensation for distress and inconvenience are generally low (a few hundred) and not what you're probably anticipating.
You can inform the case handler of any financial losses you have incurred though. It's better to give that info at the outset. As pps have said, it's a long process. I've known these to go on for years, especially if it goes to a full ombudsman decision after the adjudicator.

SweetSakura · 19/07/2022 21:15

I wouldn't think you need a solicitor. If you get any kind of financial award it will be very low.

Laststop · 19/07/2022 21:24

have you complained to the company itself what was the outcome

Original poster
namechangerqwerty · 20/07/2022 08:01

Hi yes. I did complain to the co first (several times due to a number of errors) & they offered me £50 for emotional distress. no mention of the data issues. Our bank details were shared with each other by them.

Yes there were some expenses that I had to pay out of my pocket for. I’ve shared that with the complaint handler.

Good to know about timings.

Thanks.

OP posts:
TheTeenageYears · 20/07/2022 08:49

About 20 years ago I was contacted by someone who had been sent all mine and DH's details from a mortgage application. The document contained absolutely all personal information as would be required for a mortgage. I complained to the FCA who eventually said that if we could prove financial loss as a result in the future there would be a case to answer. Data protection means absolutely nothing when it comes to it, much like many other laws you think are in place to protect you. They are only actually enforceable if you are prepared to take on the cost/risk of taking it to court.

Original poster
namechangerqwerty · 20/07/2022 09:25

@TheTeenageYears that is surprising as data protection is such a big deal in most work places. We are all trained up to the eyeballs in it (rightly so). Ah well we shall see. I’m not holding my breath!

OP posts:
SweetSakura · 20/07/2022 15:30

@namechangerqwerty DP is seen as important but there are no serious actual harms that have been caused to you as far as I can see? I appreciate it must have been very inconvenient and annoying.

I think people assume DP is this massive hammer they can weird at organisations but actually there has to be a sense of proportionality and the ICO certainly take a very measured look at breaches before taking any action

Laststop · 27/07/2022 21:35

what realistically are you looking for as a Resolution if the company have answered your complaint and provided you with Rights go to the FOS they will look at the case but in Reality you’d be looking at an apology confirmation plans have been put in place to avoid in the future and a small amount of compensation for the stress caused. pm me what company is it may be able to give some advice

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