Legal action after OnePlus data breach GDPR

19
Posted 6th Jan
Hi all,

I don't know how relevant this is but I was wondering if anyone else was affected by the data breach from OnePlus last November?

gizmodo.co.uk/201…ch/


I had an email saying I was affected and to contact them if I wanted to- I did and they have offered me a discount off a new phone... Bit of a slap in the face if I'm honest but on the other hand its better than nothing.

I was wondering if anyone has had any history in this part of Law (GDPR) and if so how much might I be compensated? I can see on the gov website it suggests I am entitled to such a claim but they and the ICO can't say how much.

I'm currently considering using a GDPR solicitor on a no win-no fee basis but I'm thinking if I only end up with £200 or something its not really worth my time however if its much more money £5,000 then I would feel stupid for accepting the discount on a new phone!

Sorry it its a bit all over the place- any questions please ask! any advice greatfully received
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19 Comments
Hi Taz,

How much is this solicitor? If he’s good I might use him as well. Can’t afford my usual barrister atm.
You'll never get 5 grand. You'll be lucky to get anything.
As above, I doubt you’ll get a penny from this. No bank details, and really only name, address and phone numbers involved.
sammy12506/01/2020 15:39

You'll never get 5 grand. You'll be lucky to get anything.



I know my head was in the clouds there! But I genuinely have no idea what I could expect.
Kbramman06/01/2020 15:42

As above, I doubt you’ll get a penny from this. No bank details, and r …As above, I doubt you’ll get a penny from this. No bank details, and really only name, address and phone numbers involved.



that's a very good point - perhaps I will take them up with a discount on an new phone
Taz110606/01/2020 16:07

that's a very good point - perhaps I will take them up with a discount on …that's a very good point - perhaps I will take them up with a discount on an new phone


Imagine this was all a ploy to get you to buy the new phone. You're a gluten for punishment
rogan179106/01/2020 16:10

Imagine this was all a ploy to get you to buy the new phone. You're a …Imagine this was all a ploy to get you to buy the new phone. You're a gluten for punishment



its quite possible! and im falling for it hook line and sinker
gimme ma free mony, NOW !!!
TobyZ06/01/2020 16:47

gimme ma free mony, NOW !!!


Well don't ask don't get sometimes.

I asked compensation with tsb and ended up with a healthy sum enough to go on holiday with!
Taz110606/01/2020 16:14

Legal action after OnePlus data breach GDPR


Is OnePlus or the subsidiary responsible for the breach based in UK / EU. ?
AndyRoyd06/01/2020 17:27

Is OnePlus or the subsidiary responsible for the breach based in UK / EU. ?


I've no Idea to be honest. I think if they operate in the UK they have to be bound by the local laws.
As far as I recall you can only claim for any financial loss - no more. And you have to prove the financial loss down to the penny.
By all means talk to Citizens Advice who can chart you a way forward to pursue matters and maybe confirm/deny my recollection.
Taz110606/01/2020 17:46

I've no Idea to be honest. I think if they operate in the UK they have to …I've no Idea to be honest. I think if they operate in the UK they have to be bound by the local laws.


Not convinced UK legal system can enforce local legislation on foreign / non-EU companies, but respect if some legal expert can find a methodology.
Taz110606/01/2020 17:46

I'm currently considering using a GDPR solicitor on a no win-no fee basis


One of the first questions I'd be asking is for the GDPR solicitor to indicate the name and registered office address of the company that will be challenged as being liable. If the GDPR solicitor doesn't ask you to provide those details I think I'd be looking elsewhere for advice, so in preparation for that question: what is name and registered office address of the company you entrusted your personal details to?
AndyRoyd06/01/2020 21:54

One of the first questions I'd be asking is for the GDPR solicitor to …One of the first questions I'd be asking is for the GDPR solicitor to indicate the name and registered office address of the company that will be challenged as being liable. If the GDPR solicitor doesn't ask you to provide those details I think I'd be looking elsewhere for advice, so in preparation for that question: what is name and registered office address of the company you entrusted your personal details to?


See these are the questions I need to be asking myself! Thanks... I'll have to do something and research.
tardytortoise06/01/2020 18:09

As far as I recall you can only claim for any financial loss - no more. …As far as I recall you can only claim for any financial loss - no more. And you have to prove the financial loss down to the penny.By all means talk to Citizens Advice who can chart you a way forward to pursue matters and maybe confirm/deny my recollection.

tardytortoise06/01/2020 18:09

As far as I recall you can only claim for any financial loss - no more. …As far as I recall you can only claim for any financial loss - no more. And you have to prove the financial loss down to the penny.By all means talk to Citizens Advice who can chart you a way forward to pursue matters and maybe confirm/deny my recollection.


I stand corrected.
ico.org.uk/you…on/
Most defiantly can be taken to court. Similar thing happened with Equifax. They did a group suit which is going through the courts at present. You would need to find a firm willing to take it up such as this one

hayesconnor.co.uk/one…ch/
mrjh07/01/2020 05:41

Most defiantly can be taken to court. Similar thing happened with Equifax. …Most defiantly can be taken to court. Similar thing happened with Equifax. They did a group suit which is going through the courts at present. You would need to find a firm willing to take it up such as this onehttps://www.hayesconnor.co.uk/oneplus-data-breach/


Ha! That's the solicitor I was talking about
tardytortoise06/01/2020 22:48

I stand …I stand corrected.https://ico.org.uk/your-data-matters/data-protection-and-journalism/taking-your-case-to-court-and-claiming-compensation/


Thanks for the link!
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