Facebook data leak: compensation for Facebook users

In the course of the most recent data leak, which became known in April 2021, sensitive data from around 533 million Facebook users appeared in a hacker forum - around six million data sets came from German users. The consumer law firm rightmart Rechtsanwälte is demanding compensation for those affected and protecting them from future data misuse as a result of the breakdown.

First and last name, email address, gender, date of birth, cell phone number, profession and relationship status: sensitive data that certainly does not belong in any public forums - especially not in the hands of hackers who misuse this data for deceptively real fraud schemes .

The latest data breach by social media giant Facebook is the most consequential to date, although not the first. As early as March 2018, the data analysis company Cambridge Analytica collected data from 87 million users via a Facebook application. Just a few months later, in September 2018, IT developers accessed the photos of around seven million Facebook users. “These incidents show that Facebook continues to evade current security standards,” says Jan-Frederik Strasmann, managing partner and lawyer with an IT focus at the consumer law firm rightmart Rechtsanwälte.

The fear of data misuse alone justifies compensation

The General Data Protection Regulation (GDPR) regulates the processing of personal data throughout Germany and the EU - and provides strict guidelines. In connection with the Facebook data leak, Articles 34 and 82 GDPR in particular come into play. The latter is crucial for the chances of success in any action against Facebook, as Strasmann explains: “The article states that the mere concern that personal data could cause harm is enough to be able to assert a claim for damages.”

Because by definition this is non-material damage. Article 34 GDPR, in turn, refers to the obligation to notify: not only must the person who collects data also ensure that it is secure (Article 5 GDPR). However, if a data leak has occurred that poses a high risk to personal rights, Article 34 states that the person affected must be informed immediately.

“However, Facebook failed to do that. This also gives those affected a right to compensation for pain and suffering,” says lawyer Strasmann. How high this is depends on whether the hack caused material damage, i.e. financial loss, in addition to the immaterial damage. “In our opinion, up to EUR 5,000 is realistic. In the event of financial loss, there is more to it, depending on the extent,” explains Strasmann.

rightmart protects those affected from future damage

When taking action against the social network, rightmart lawyers value a holistic approach. This not only includes the assertion of claims for damages, but also an application for injunctive relief. “With the help of an injunction, Facebook can be forced by the courts to comply with current security standards in order to ensure the required protection of data ,” says Strasmann. However, future security is even more important.

In other words, data that was stolen as a result of the Facebook data leak does not necessarily have to cause damage in the near future.

“Cyber ​​criminals can still attempt to commit fraud using the stolen data at a much later stage. We protect our clients in the form of an application for a declaratory judgment so that they must be compensated for future damages caused by Facebook.”

By the way, no judgments have been made against Facebook in the matter yet - however, the first oral negotiations are imminent. One thing is certain: the legislature generally shows no mercy when it comes to data protection violations. The courts will have to take this circumstance into account. And due to the large number of people affected in Germany, a considerable sum is likely to be raised.

About rightmart Rechtsanwälte: rightmart ( www.rightmart.de ) is a legal tech law firm that gives consumers easy access to legal advice and legal assistance. With its consumer focus, the company covers the legal areas of labor, tenancy and traffic law relevant to consumers. The focus is on current legal scandals such as Wirecard, the emissions scandal and loan revocations. rightmart has set itself the task of making law accessible regardless of income, previous knowledge and good relationships. In the form of free initial consultations, the law firm offers its clients a risk-free and non-binding assessment and transparently shows possible options for action and the costs incurred.

Press release: rightmart GmbH
Also read:
Facebook data leak: Great success for those affected


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