Hotel GDPR Data Breach Compensation Claims Guide – How To Claim?

    How To Claim Compensation For Hotel Data Breaches

    Welcome to our guide on claiming for data breaches by a hotel. When they travel, guests expect hotels to keep their personal data safe. Unfortunately, if a hotel data breach takes place, this jeopardises the guest’s security and privacy. For example, the Marriott hotel data breach has made the news recently. As a result of the incident, millions of hotel guests had their personal data breached. What’s more, the Information Commissioner’s Office issued the Marriott hotel chain with an £18.4 million data breach fine.

    Hotel data breach compensation claims guide

    Hotel data breach compensation claims guide

    Has a hotel data security breach affected you? If you have evidence of financial or mental damage, you may be eligible to make a data breach claim for compensation. 

    Trust Legal Helpline to help you. We can provide you with a No Win No Fee data protection solicitor from our panel to handle your claim. Your solicitor can value your claim accurately and will ensure you receive the maximum amount of compensation you deserve.

    If you are the victim of a data breach, contact us right now to begin your compensation claim.

    Call us on 0161 6969 685. Or you can make an online enquiry. Alternatively, continue reading this guide to learn more about claiming compensation for an independent hotel or hotel chain data breach.

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    A Guide On Claiming Compensation For Data Breaches By A Hotel

    In the United Kingdom, hotels and other hospitality businesses have to abide by the General Data Protection Regulation (GDPR). Likewise, hotel businesses that operate in the UK have to abide by the GDPR, even if the property is overseas.

    The key principles of the General Data Protection Regulation include the following:

    • That hotels have a duty of care towards the personal data they collect, including data belonging to their customers, employees and other stakeholders.
    • To uphold their duty of care, hotels must have data management and security processes in place to protect data.
    • And finally, if data breaches by a hotel occur, those affected have the right to claim compensation.

    In this guide, we will explain how hotel data breaches can take place. We will also look at data breaches in the hotel industry that have affected many people. What’s more, we will help you understand your data protection rights and how to make a data breach claim.

    If you believe a hotel has breached your personal data, call Legal Helpline today. An advisor will be happy to speak to you in-depth about your ordeal. And if we can see that you are owed compensation for a data breach by a hotel, we can connect you with a data breach lawyer from our panel who will start working on your claim right away.

    Hotel Data Breach Claim Time Limits

    If you have been affected by a data breach, there is a six-year time limit to claim compensation which runs from the date you obtained knowledge of the breach. However, if the data breach violated your human rights, a one-year time limit applies.

    What Are Claims For Data Breaches By A Hotel?

    A hotel data breach is a security incident at a hotel involving data protection. A data breach can occur when confidential data is leaked, exposed, or unauthorised persons gain access to the data. Similarly, incidents where personal data is altered, encrypted, lost or stolen are also data breaches. It could be deliberate or accidental.

    Why do hotel data breaches happen? 

    A hotel data breach can take place if a hotel employee makes an error. For example, a receptionist leaves a confidential file on a public-facing desk so that unauthorised visitors can access it. Although this may have been unintentional, the data breach could still hurt those involved. Therefore hotels must invest in data protection training for their employees to avoid these mistakes.

    Hotel data breaches can also occur because of hackers have attacking the hotel. For example, cybercriminals may hack into a hotel’s computer network to access the guest reservation database. They may then use guest’s personal data to target them for crimes. For instance, the criminals may use data such as the guest’s home address, arrival and departure information to work out when they will be away from their homes. After that, they may target their homes for burglaries.

    Data breaches are an invasion of a person’s privacy, which can cause distress. What’s more, victim’s of data breaches are also vulnerable to fraud, identity theft and other crimes. 

    Have you experienced a Radisson hotel group data breach, Marriott hotel data breach or any other type of hotel data breach? You may be eligible to claim compensation. Call Legal Helpline today to enquire about making a hotel data breach claim.

    Popular UK Hotel Chains

    According to a survey by YouGov, these are the most popular hotel brands:

    1. Premier Inn
    2. Walt Disney Parks and Resorts
    3. Travelodge
    4. Hilton
    5. Holiday Inn
    6. Marriott
    7. Savoy Hotel
    8. Ritz
    9. Haven Holidays
    10. Novotel

    YouGov defines popularity as the percentage of respondents who had a popular opinion of the said hotel brand.

    What Is Third-Party Data Sharing By A Hotel?

    It is normal for businesses such as hotels to collect personal data. This includes personal data such as names, contact information and booking details from guests. In the same vein, hotels will also collect personal information from their employees. The person whose data is collected is known as the data subject.

    When hotels collect, process, and store personal data, they must ensure they protect the privacy and security of the data subject. Hotels that operate in the UK are legally obliged to follow the General Data Protection Regulation (GDPR), a piece of EU legislation. It is enacted into the laws of the United Kingdom by the Data Protection Act 2018.

    When hotels collect personal data, they must do the following under the GDPR:

    1. A hotel can only collect personal data if the data subject has given their permission.
    2. What’s more, the hotel must explain why they collect the personal data to the data subject. Therefore, they cannot use the data for any purpose other than the one stated.
    3. In addition, the hotel must keep the personal data it collects up to date. For example, if an employee changes their surname after marriage, they should update their records.
    4. The hotel must follow all data protection laws in the countries and territories where they operate.

    Is a hotel sharing a guest’s data without permission a data breach? 

    Yes, unless the guest has consented for their data to be shared with a third party, this is not permissible. There are, however, certain instances in which an organisation can share your data without your consent if they have valid reasons to do so, such as if they need to share your data to protect your life or that of someone else. Learn more in the ICO guide on consent.

    You may be entitled to seek compensation if a hotel data breach has affected you. Contact Legal Helpline today to enquire about making a data breach claim.

    Enforcement Action Taken By The ICO Against Hotel Chains

    Unfortunately, data breaches in the hotel industry can and do happen. One hotel chain data breach made the news in 2020 after Marriott International Inc was fined £18.4 million by the Information Commissioner’s Office (ICO).

    How did the Marriott hotel data breach take place? 

    Firstly, there was a cyberattack on Starwood Hotels and Resorts Worldwide Inc in 2014. After that Marriott International Inc acquired these brands. And in 2018, Marriott discovered that the data breach had taken place. Via the takeover, hackers were able to access Marriott’s own databases.

    Marriott has estimated that 339 million hotel guests worldwide were affected by the data breach. 7 million people in the UK are thought to have been victims of this data breach.

    It is believed that the cyber attackers accessed the following types of guest personal data:

    • Guest names
    • Phone numbers
    • Email addresses
    • Arrival and departure information
    • Unencrypted passport numbers
    • Loyalty program membership number
    • VIP status

    This data breach is a gross invasion of the guest’s privacy. What’s more, this breach of personal data also means that criminals may have targeted the guests for fraud, theft or identity theft afterwards. This can lead to further trauma, as well as financial losses.

    If you’ve been impacted by a hotel data breach, get in touch with our team for free legal advice on your situation.

    Calculating Compensation Amounts For Data Breaches By A Hotel

    As we have stated, data breaches by a hotel can have an emotional and financial impact. We can provide you with a skilled data breach solicitor from our panel if you have been affected by a data breach at a hotel. Please feel free to use the table below to estimate how much money your data breach claim could be worth.

    Type of Psychological Harm CausedSeverity of The InjuryNotes On The ConditionCompensation Estimate
    Post-Traumatic Stress DisorderSevereThe person will have a poor prognosis and will have problems with continuing in work or education and may also have problems with relationships.£56,180 - £94,470
    Post-Traumatic Stress DisorderModerately SevereThe claimant may still have significant issues with the same factors as above, but will have a better prognosis. Most moderately severe claims fall towards the middle of this bracket.£21,730 - £56,180
    Post-Traumatic Stress DisorderModerateWhilst affected in similar ways, the claimant will have made a marked improvement by the time of the claim. £7,680 - £21,730
    Psychiatric DamageSevereTo make a claim for PTSD, the claimant must specificaly have obtained a diagnosis of a reactive psychiatric disorder after an event which causes psychological trauma. At this level the effects of the injury are permanent. £51,460 - £108,620
    Psychiatric DamageModerately SevereThe person will have a better prognosis for recovery through professional help.£17,900 - £51,460
    Psychiatric DamageModerateThe person who suffered the injury will largely have recovered and the effects will be not be considered 'grossly disabling'.£5,500 - £17,900
    Psychiatric DamageLess SevereThe claimant should laregely have recovered within one to two years.Up to £5,500

    The compensation amounts in this table are known as non-material damages. Non-material damages is compensation for emotional or psychological distress caused by a data breach. The compensation amounts in this table are based on personal injury compensation guidelines from the Judicial College.

    The amount of compensation you could claim can vary depending on the individual circumstances surrounding your case. For an accurate compensation payout estimate, call Legal Helpline to speak to an advisor.

    What Types Of Data Breach Compensation Can Be Awarded?

    Although data breaches often take place in the digital sphere, they can have real-world consequences. For some people, data breaches are as traumatic as being mugged or burgled. Especially if sensitive personal data was breached. In a particularly traumatic case, a victim of a data breach may also develop psychological injuries such as PTSD, depression or anxiety.

    In the same vein, data breaches can also lead to financial losses, or what’s known as material damage. If a fraudster accesses financial information or credit card details, they can steal from the victim. Over time this can lead to significant financial losses.

    People who have experienced a hotel data breach can claim the following types of compensation:

    • Material damages: This is compensation to reimburse you for any financial losses incurred by the data breach.
    • Non-material damages: This is compensation for any psychological injuries or emotional trauma caused by the data breach.

    To learn what else you can factor in a data breach claim, please get in touch with our team.

    How To Report Hotels In The UK To The ICO

    The Information Commissioner’s Office is a public body in the United Kingdom that upholds the data breach rights of individuals. We are often asked, “Does the ICO enforce GDPR?“. The answer is yes; the ICO enforces the GDPR and the Data Protection Act in the UK. 

    If a business that operates in the UK, such as a hotel chain, breaches the GDPR, the ICO will likely investigate. Consequently, they may issue the business with a hotel chain data breach fine.

    What should you do if you have been affected by a hotel chain data breach or an independent hotel data breach? We recommend you take the following steps.

    Firstly, you can report the data breach to the hotel. Businesses are legally required to report data breaches within 72 hours to the ICO, and should notify you without delay. 

    Secondly, if you are not satisfied with the way the hotel has communicated with you, we recommend reporting the data breach to the ICO. However, please be aware that the ICO is unlikely to investigate an older complaint. So please contact them within three months of your last meaningful communication with the company.

    No Win No Fee Compensation Claims For Data Breaches By A Hotel

    If you wish to claim compensation for data breaches by a hotel, contact Legal Helpline today. Our panel of lawyers can handle your compensation claim on a No Win No Fee basis. This means that we will begin work on your data breach claim without charging you a fee upfront.

    Instead, you will sign a Conditional Fee Agreement, whereby both parties will agree that you will pay a success fee—a small percentage of your compensation award—on the condition that your claim is a success.  If the claim fails, you won’t be obliged to pay the success fee or any other costs incurred by your lawyer in representing you.

    Many claimants prefer to make a No Win No Fee claim because the risk is lower financially, as you will only have to pay your success fee if you win. Secondly, because the success fee is deducted from your compensation payout, you don’t have to worry about funding your claim upfront.

    We have an online guide to making No WIn No Fee claims, which you can read if you wish to learn more. Alternatively, call Legal Helpline to begin your hotel data breach claim today.

    How To Get Help From A Data Breach Lawyer

    Has your personal data been breached by a hotel? Then we can provide you with a knowledgeable data breach lawyer from our panel to handle your compensation claim. At Legal Helpline, we are proud that our panel of solicitors have decades of experience. This means that your claim will be in safe hands. We also pride ourselves on negotiating hard with the defendant to win our clients the optimum amount of compensation.

    What’s more, we offer our clients the option to have their compensation claim handled as a No Win No Fee case. Therefore, any financial risk is reduced.

    How Could The Victim Of A Data Breach Start A Claim

    If a hotel has breached your personal data, we recommend that you first complain to the company. They may be able to resolve the matter internally. If you are not happy with the response you receive, please consider seeking legal representation.

    Call our claims helpful for advice on making a data breach claim. If we can see that you are owed compensation, we will provide you with a No Win No Fee solicitor to handle your claim.

    Talk To A Data Breach Lawyer

    To begin your claim for a hotel data breach, contact Legal Helpline today. If we can see that you have legitimate grounds to claim compensation, we will provide you with a No Win No Fee data breach solicitor to work on your claim.

    • Call us on 0161 6969 685.
    • Make a compensation claims enquiry.
    • Ask an advisor a question using the chat widget in the bottom right-hand corner of your screen.

    Hotel Data Breach Claim FAQs

    In this section, we’ve included answers to some questions on data breach claims we often get asked.

    What are my rights if my data has been breached?

    You have the right to claim compensation if your data has been breached. Your solicitor can settle your data breach claim out of court. Legal Helpline can appoint a data breach solicitor from our panel to handle your claim.

    What are the consequences of a data breach?

    Criminals may target you for identity theft and fraud following a data breach. Many people also experience emotional distress.

    How do you handle a data breach?

    We recommend that you learn about common scams, such as phishing and push payment fraud, to protect yourself. What’s more, we recommend you update your passwords immediately.

    What constitutes a breach of data protection?

    A breach of data protection can include the following:

    • Data becoming lost or stolen
    • The personal data is altered or encrypted
    • Unauthorised persons gain access to the data
    • Or a data exposure or data leak security incident.

    Where To Learn More

    You may find these articles useful if this guide to claiming compensation for data breaches by a hotel has been helpful.

    Hotel Accident Claims Specialists

    Medical Data Breach Compensation Claim Experts

    Pharmacy Data Breach Compensation Claims Experts

    A Guide to Claiming GDPR Data Breach Compensation

    External Guides

    Rights for data subjects, a government guide.

    The ICO fines Marriott International Inc £18.4 million.

    Thank you for reading our guide to data breaches by a hotel.

    Guide by HC

    Edited by REB