4 ms·
IANAL but of you are impacted by this you should seriously consider filing a civil suit against the data controller. The most interesting article of the GDPR fo
by danieka 6y ago
IANAL but of you are impacted by this you should seriously consider filing a civil suit against the data controller. The most interesting article of the GDPR for you will be article 82 which entitles you to compensation if you have been materially or immaterially harmed. If your personal information has been leaked this would a clear case of immaterial damage. It has probably caused you anguish and is a violation of your right to privacy.
In this case you will have a huge advantage since there is a police investigation which no doubt will provide you with plenty of evidence to use in your civil suit.
Once you have proven that your data has been leaked the defendant/data controller has the burden of proof to show that they are in no way responsible for the damage caused to you.
As I said, IANAL, but I was personally involved in a similar case in Sweden which did go to trial (and then settled).
Hopefully there will be a class action against the data controller.
EDIT: Once again IANAL, but if you have questions reach out to me on mail@danielk.se and hopefully I can give you pointers for your research.
- pavlov 6y agoThe upside is probably very limited. A private psychotherapy provider in Finland doesn’t have millions in their bank account. They’re effectively bankrupted by this news already, as business grinds to a halt. By the time a class action suit awards something to the victims, the company will be long gone.
- fogihujy 6y agoThe GDPR fines alone might end up bankrupting them (and rightfully so IMO). The only upside, if any, is that this might serve as a warning to anyone claiming that one doesn't have anything to worry bout if one doesn't have anything to hide.
- anttisalmela 6y agoClass action is very limited in Finland - the law that allows this is quite recent, there has been no class action suits yet at all and I'm not sure if it would be even applicable here.
- danieka 6y agoThe situation is much the same in Sweden, however the GDPR has an article that specifically allows class actions. It remains to see how it would work out in practice.
- tuukkah 6y agoIn an interview of a lawyer, they said that this article has not been implemented in the Finnish legislation (or at least not properly for a health care case like this - I didn't fully catch it).