Security Victims of a hacking hack can apply for damages at their own discretion – “Challenging and complex for the victim”

Compensation must be applied for from the bankruptcy estate of the counterparty by June 29. Crime Victim Support provides advice and support to victims of hacking.

Psychotherapy center Victims of Vastamo’s hacking have not yet received compensation for last autumn’s data leak, in which the patient data of tens of thousands of Vastamo’s customers were published, at least in part, online.

Liability for damages may ultimately lie with several parties. It is the victim’s own responsibility to assess through which to seek compensation. Getting compensation from one place can affect getting it from another.

Victim Support (Riku) Executive Director Leena-Kaisa Åberg says that as the criminal investigation progresses, there will be an opportunity to claim compensation from the hacker.

“If the perpetrator survives, there will be a trial, and through that, victims can seek compensation.”

In addition, victims of hacking can apply for compensation directly from the Bankrupt Office. Damages must be claimed from the bankruptcy estate by June 29th.

Criminal investigation in addition, the responsibility of the Response Department for the information leak is clarified. The Data Protection Officer will investigate whether the Responsible Office has violated the provisions of the EU Data Protection Regulation, in which case the Central Cooperative, as the controller, would also be liable for damages. Results are expected during the coming autumn.

The EDPS may, for example, impose an administrative penalty fee on the bankruptcy estate, which is paid to the state. In this way, victims do not receive direct compensation.

The pattern is complex, and it is difficult to give general instructions to all victims.

Åberg says that seeking and possibly obtaining compensation from the bankruptcy estate can also affect what kind of compensation could be obtained through criminal proceedings.

“We do not have such in-depth expertise in such an extremely complex case involving both criminal proceedings and an investigation and bankruptcy related to a breach of the Data Protection Regulation. At this stage, no one may be able to say which course of action is best for the victim’s rights. “

More than 25,000 criminal reports have been filed against the back office, with 22,000 lawyers.

Criminal the process and possible litigation are affected by whether the perpetrator or criminals behind the burglary are caught. If criminals are not caught, it is impossible to seek compensation from the perpetrator through criminal proceedings, Åberg points out.

An investigation by the Central Criminal Police is still ongoing. The Victim Support Service advises victims to follow police information and wait for instructions.

According to Åberg, the police are working to start questioning the victims this year. The interrogations also cover claims for damages and whether the victim demands punishment for the perpetrator.

When the victim demands punishment, the prosecutor can prosecute the offender for the offense.

Riku advises that according to the police, at this stage of the criminal investigation, the most important thing is that the crime report has been made carefully.

In addition, for example, blackmail messages and any other evidence should be preserved and screenshots taken. These can be attached to the crime report or submitted to the police later.

Answer room A claim for damages against the bankruptcy estate must be sent no later than Tuesday, June 29, after Midsummer, by e-mail to personasoviakamo.vastaamo@fi.dlapiper.com.

The application must contain your own claim and the reasons for it. Instructions on how to submit a claim can be requested from the bankruptcy estate at vastamo.konkurssi@fi.dlapiper.com.

Victims must handle the application process independently. In addition to Riku, advice can be obtained from the Legal Aid Office or any legal counsel or lawyer. In some cases, legal expenses insurance can replace the services of legal counsel.

As you know the only law firm that helps victims of hacking free of charge is Patient Injury Assistance. In its bulletin, Patient Injury Assistance states that it handles claims for damages from the bankruptcy estate for 113 people. However, Patient Injury Assistance does not accept new assignments.

However, Åberg estimates that the compensation received through the bankruptcy estate will not be large sums.

“Everyone has to consider for themselves whether they want to apply through it, because it can affect whether they receive compensation through criminal proceedings.”

In claims may take into account, for example, paid credit bans and other costs of hedging against major losses. Compensation can also be obtained for financial damage caused by the misuse of personal data, such as quick delays.

In addition, compensation, which is more difficult to assess, is included. References to the amounts can be found in the recommendations of the Injury Advisory Board, although there is no directly equivalent amount of criminal compensation.

All in all, the victim must assess for himself whether it is worthwhile to invest in seeking damages from the bankruptcy estate or through criminal proceedings.

“For the victim, this is challenging and complex, and there is no guarantee that compensation will be received and how much it will be. How much you think you should invest in that compensation process is up to everyone, ”says Åberg.

Riku’s website contains comprehensive instructions for victims of hacking and information on the progress of the Vastamo case at www.riku.fi/vastaamo.

Advice on criminal proceedings or mental support can be obtained from Riku’s telephone service on 116 006 (Mon – Fri 9 am – 8 pm, in Swedish Mon – Fri 12 am – 2 pm). The solicitor’s telephone counseling is available from Monday to Thursday from 5 pm to 7 pm on 0800 161 177.

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