Only a few weeks after the data breach with, among other things, the population screening can already register with law firms for a possible mass claim. It is unknown whether culpable errors have been made. Is it time to prepare a masslaim?
At the beginning of August it was announced that the data of nearly half a million women were leaked by a hack at Clinical Diagnostics. This includes names, addresses, citizen service numbers and test results. At law firms of Diepen van der Kroef Advocaten and DHKV in The Hague, victims can now register for any compensation via a masslaim.
Lawyer Floris Vulto of DHKV believes it is important to act quickly. “There is great social unrest and at such an early stage it is important to bind people to the claim,” he tells NU.nl. “If we come to court, we must be able to prove that there are enough people who are interested in the claim for the Masschade settlement law.”
Evelyn Tjon-en-Fa, who is specialized as a lawyer in claims, does not think it is wise to pretend that the conditions for a claim have been met. “The Healthcare and Youth Inspectorate and the Dutch Data Protection Authority are now investigating the Lek. What exactly happened and whether mistakes have been made in addition to informing too late is not yet clear.”
In addition, according to the law you have five years to submit a claim or to send a liability. That starts from the moment you know that there is damage and who is liable. “So there is still enough time to investigate that. The suggestion of Haast is unjustified,” says Tjon-en-Fa.
What is the Masschade Settlement Act (WAMCA)?
Since 2020, interest groups in the Netherlands have been able to submit a claim on behalf of a large group of victims. The law is intended to prevent each victim from having to litigate separately. That offers victims more strength to large companies or institutions.
A mass claim is usually only declared admissible if there are a large number of victims.
Lawyers see instructions of errors Laboratory
Lawyer Michaël Dol van Diepen van der Kroef is aware that it is not yet clear who is liable. He emphasizes that the registration of victims is an inventory, and that it is not yet certain that there will be a case or settlement.
But he sees enough indications that Clinical Diagnostics has made mistakes. “Hackers often opt for the least resistance. The fact that you as a company are a victim often means that you are not in order.”
Vulto also has such suspicions. According to his law firm, there is a violation of the AVG, the European Privacy Act with rules to protect the privacy of citizens.
“Normally the persons who claim to claim damage must prove that they have actually suffered damage,” explains Vulto. “But in the event of an AVG violation, the organization must demonstrate that personal data that it has taken all the necessary measures to protect the data. That is why there is every reason to use a claim now.”
According to Tjon-en-Fa, the fact that there has been a hack with a data breach does not automatically mean that there is a violation of the AVG or of another land for liability. “The question is whether enough security measures have been taken, given the sensitivity of the data and the great potential damage in the event of a leak.”
Claim is not without risks
There are also risks of managing a mass claim so quickly, says Tjon-en-Fa. “The greatest risk is that these rapid claims, where the nuance is lost in reporting, affect confidence in population investigations. That institute is crucial for public health,” says the lawyer.
“Purely on the basis of what I read in the media, things could certainly have gone wrong with the security of Clinical Diagnostics, or by supervision. But by immediately putting a claim in the scaffolding and asking people to register, you get the impression that there is something to get anyway,” says tjon-ings.
Vulto does not believe that preparing a claim by his office increases the unrest. “That unrest was already there. It is clear that there is social unrest with such a large data breach and that is right.”
Inventory important for financiers lawsuit
If it is not yet established whether there are legal action, why do law firms already ask victims to join a Massaclaim? That has to do with the way in which the case is financed, says professor of Private Law Arno Akkermans.
The offices use the so-called no cure, no pay principle for this. “The law firms must find a process financier who wants to invest in this,” says Akkermans. “If you already have a large number of registrations, then that is a lot smoother.”
Dupers do not have to pay any litigation costs and the process financiers run the risk if the case fails. Financiers receive part of the compensation if the victims win the case. Lawyers can make agreements about a higher hourly wage at a successful case. There are rules on how high that amount may be, says Akkermans.
So there is also a part commercial interest in these mass claims. Akkermans does not find that difficult. “The legal profession is simply a liberal profession,” he says. “A little entrepreneurship, there is nothing against that if that stays within the borders. These lawyers do not promise gold mountains, so it remains within those limits.”
It is crazy to acknowledge that the law firm can have money left over. “But on the other hand: nothing gets off the ground, then disadvantaged women get nothing at all.”
Only a few week after the Data Breach at, Among Others, The Population Screening, Victims Can Already Register with Law Firms for a Possible Mass Claim. It is unknown Whether any culpable errors have leg made. Is it already time to prepare a mass claim?
At the beginning of August, it was announced that the data of almost half a million women had leg leaked due to a hack at clinical diagnostics. This includes names, addresses, social security number and test results. Victims can now register with the law firms van Diepen van der Kroef Advocaten and DHKV in the Hague for Possible Compensation via A Mass Claim.
Lawyer Floris Vulto or DHKV Believes It is important to act Quickly Now. “There is Great Social Unrest and At Such An Early Stage It is Important To Bind People To The Claim,” He Tells Nu.nl. “When we come to court, we must be able to demonstrate that there are Enough People who are interested in the Claim for the Mass Damage Settlement Act.”
Evelyn Tjon-en-Fa, a Lawyer Specializing in Claims, does not think it is wise to pretend that the conditions for a claim have leg with. “The Health and Youth Care Inspectorate and the Dutch Data Protection Authority Are Now Investigating The Leak. What Exactly Happened And Whether Any Errors Were Made Besides Informing Too Late is not yet clear.”
In Addition, Accordance to the Law, You have five years to file a Claim or Send a Notice of Liability. That starts from the moment you know that there is damage and who is liable. “So there is Still Plenty of Time to Investigate That. The Suggestion of Hast is Unjustified,” Says Tjon-en-Fa.
What is the Mass Damage Settlement Act (WAMCA)?
Since 2020, Interest Groups in the Netherlands have Been Able to File a Claim for Damages on Behalf of a Large Group of Victims. The Law is intended to prevent Each Victim from Having to Litigate Separately. This sacrifices Victims More Clout Against Large Companies or Institutions.
A Mass Claim is usual only declared admissible if there are a large number of victims.
Lawyers See Indications of Laboratory Errors
Lawyer Michaël Dol or Van Diepen van der Kroef is aware that it is not yet clear who is liable. He emphasizes that the registration of Victims is an inventory, and that it has not yet legsblooded that there will be a case or settlement.
But he sees Enough Indications That Clinical Diagnostics Has Made Mistakes. “Hackers Often Choose The Least Resistance. The Fact That You Are A Victim As A Company Often Means That You Don’t Have It In Order.”
Vulto also has such suspicions. Accordance to his law firm, there is a violation of the GDPR, the European privacy law with rules to protect the privacy of citizens.
“Normally, the people who claim damages must prove that they have actual suffered damage,” Vulto Explains. “But in the event of a GDPR Violation, the organization that processes personal data must demonstrate that it has tasks all necessary Measures to protect the data. That is who is everyreaDy focus on a claim.”
Accordance to tjon-en-fa, the fact that has been a hack with a data breach does not automatically mean that there has been a violation of the gdpr or other basic for liability. “The Question is Whether Sufficient Security Measures Have Been Tasks, Given the Sensitivity of the Data and the Potential for Major Damage in the Event of A Leak.”
Claim is not without risks
There are also risks to steering towards a mass claim so quickly, accordance to tjon-en-fa. “The Greatest Risk is that these Rapid Claims, in which the nuance is Lost in Reporting, Undermine Confidence in population studies. That Institution is Crucial for Public Health,” Says the Lawyer.
“Based purely on what I read in the media, it is Certainly Possible That Things Went Wrong Wrong With The Security of Clinical Diagnostics, Or With The Supervision Thereof. But by Immediatry Setting Up A Claim and Asling There To Register Give the Impression And Gevession And Gevession And Gevession And Gevession And Gevession And Gevession And Gevession And Gevession And Gevession And Gevession And Gevession And Give Give And Gevession And Give The Impression And Give The Impression And Give Give And Give The Impression And Give Give And Give The Impression And Give The Impression And Give Give The Impression And Give The Impression And Give The Impression And Give The Impression And Give Give. Therefore That Major Errors Have Been Made With Sensitive Data, “Says Tjon-en-Fa.
Vulto does not believe that preparing a claim by his Office Increases The Unrest. “That Unrest was already already there. It is clear that there is social unrest in Such a Large Data Breach, and that is justified.”
Inventory Important For Lawsuit Financiers
If it has not yet leg eStablished Whether Legal steps will be tasks, why are law firms already asking victims to join a mass claim? This has to do with the way the case is fined, Says Professor of Private Law Arno Akkermans.
The officials use the so-called no cure, no pay principle for this. “The Law firms must find a process financier who is wanting to invest in this,” Says Akkermans. “If you already have a large number of registrations, that will go a lot smoother.”
Victims Therefore Do Not Have To Pay Legal Costs And The Process Financiers Run The Risk If the Case Fails. Financiers Receive Part of the Compensation IF The Victims Win the Case. Lawyer’s can Make Agreements about a Highher Hourly Wage in the event of a successful case. There are rules about how high that amount may be, says Akkermans.
So there is also a commercial interest in these mass claims. Akkermans does not find that objectable. “The Legal Profession is Simply A Free Profession,” He says. “A Little Entrepreneurship is Nothing Against That As Long As It Stays Within The Boundaries. These Lawyers Do Not Promise Mountains Of Gold, So As Far AS I am Concerned It Remains Within Those Boundaries.”
Dol acknowledges that the law firm can keep money from it. “But on the Other Hand: If Nothing Comes of It, Disadvantaged Women Will Get Nothing at All.”