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Interesting Sunday Times piece on the British Airways data breach and compensation

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I have tried to avoid running speculative articles about the British Airways data breach, since few of us can speak with real expert knowledge and even fewer know how the company really operates.

The Sunday Times, however, had a very interesting piece this week which I thought was worth quoting.  They spoke with a consultant called Ben Oguntala who actually worked on fraud prevention at BA’s Waterside head office and who quit after his guidance was ignored.

To quote:

What caused the British Airways data breach?

“Oguntala, 44, founder of the card security company Payments & Co, said he was hired to help improve card payment security. But he discovered the airline had failed the international standard for card payments, called the payment card industry (PCI) data security standard, last year. The failure was not reported in the airline’s annual report.

One internal document presented at a BA meeting in April this year states: “British Airways holds a lot of sensitive payment card data. BA are subjected to the international security standard — PCI data security standard.

“By achieving compliance BA are proving to themselves, their customers and their supervisory bodies that BA are suitably protecting payment card data from malicious attack . . . In December 2017, BA failed to achieve PCI compliance.”

The document warned that an outdated system, ArcSight, was being used to store security data relating to card transactions. It is described in the document as “redundant”, “severely undermined” and “prone to failure”. The document is marked IAG GBS, which is the global business services division of BA’s parent company IAG.

Oguntala said he was shocked at the lax security surrounding credit and debit card payments at BA. “The security was woeful,” he said. “There was card data everywhere and there were no proper controls on where it was going and who was getting access.”

Oguntala, who worked for a team that reported to BA’s information security and compliance manager, considered the entire payment system needed to be radically overhauled — with a new security protocol known as tokenisation. He said he left after his advice was rejected.”

As I said above, this is a quote from an article in The Sunday Times and I have not done any additional verification, but it does have a ring of truth to it.

The full article is here but behind a paywall.

The Times suggests £1,250 per head compensation

Will there be any cash compensation for the data breach?

Without wanting to dampen your hopes, I have very little faith that the £475 million legal suit against British Airways, highlighted in The Times yesterday, will go anywhere.

The (ironically named, for those of us in the loyalty sector) firm of SPG Law is apparently planning a class action lawsuit.  SPG Law is part of a large US law group and so has experience in the class action field, although they are rarely seen in the UK.

Apparently I would be due (£475,000,000 divided by 380,000 people) £1,250 for the “inconvenience, distress and misuse” of my private information. 

More accurately – if we look at the figures for the recent US class action lawsuit brought against British Airways for comparison, where the lawyers took 28% of the settlement as their fee – SPG Law would receive £120 million and I would be due £900.

In reality, we don’t know how the courts will interpret the new GDPR rules on fines for data leakage.  British Airways acted promptly and has not sought to hide anything, it seems, so it would expect a substantial discount for good behaviour.

The original story in The Times is here but, again, is behind a paywall.


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Comments (80)

This article is closed to new comments. Feel free to ask your question in the HfP forums.

  • Chopin says:

    I heared TV Licensing website also been accessed, data between 29 August and 5 September which is similar to BA case. I am there are much more place didnt exposed~

  • Kevino says:

    It seems only fair that whatever sum BA are fined is divided equally among those customers affected, as it was their data, so they are the ones who suffered, nobody centrally.

    • Shoestring says:

      There’s no history of regulator/ ombudsman fines of this nature getting divvied up amongst the victims, in this case cardholders.

      Class action suit from USA? Yes, I’d sign up for it (if permissible).

      I’d be surprised if any compo were higher than actual damages caused.

  • Simon Cross says:

    Just deleted all my stored credit card information which was held on the BA website.

    It may be a pain but these days I don’t store any card information anywhere and enter it afresh every time.

    Also use an encrypted browser (part of ESET) whenever online shopping and paying for stuff.

    • Clive says:

      Given that this seems to be about information being taken in transit and not from a database, I’m not sure ‘entering it afresh every time’ leaves someone better off…

      • Matt says:

        While that is true, this article appears to shed some light on the lax data security standards and lack of PCI certification at BA, certification which is specifically in place to govern both the transfer and storage of card data.

        If they can’t even adhere to PCI standards, I’d be as concerned about my card data being stored in BA as I would be about this breach which managed to nab them as they passed through.

      • Chris says:

        Indeed

        And ‘Encrypted Browser’ sounds very CSI to me too

  • Tom says:

    A couple of months ago, I accidentally paid for a flight through the BA website using my other half’s AMEX. His card details had pre-populated (being saved on the account), but I entered the CVV code for my own card, not paying attention. The transaction went through successfully. I wondered how that could possibly work…

    I don’t have any specialist knowledge of IT/payment systems, but based on that experience, I’m not surprised that they aren’t on top of PCI.

    • Bagoly says:

      At one stage the CVV codes on my wife’s and my BAPPs were the same!
      There’s a one in 10,000 chance of that, and I do not consider that a weakness of Amex.

      • John says:

        My very first Amex, 8 years ago, long since cancelled, had the CVV of 1234. Being new to Amex I thought the number on the front was just part of the card design, especially when I ordered a supplementary for my wife and the CVV was also 1234!

        What are the chances of getting a number that seems meaningful as well as two cards having the same number?

        In the first month I didn’t use the card online, so didn’t even know that number was important for some time. The other funny thing was that Amex’s website asked me for a memorable date and I entered 1234 and it worked, which was a bit awkward when they asked for it on the phone (not sure whether they should have asked for it on the phone, but was an Amex n00b back then).

        • Alex Sm says:

          I had a bank account ending in 2003 opened in 2003 so I was thinking for good ten years or so that everyone had the same thing – last four digits were the same as the year of account opening!

        • CV3V says:

          My first Amex card had a CVV of 1234 also!

      • Andy says:

        Genuinely curious here (and more than a dash of pedantic), but isn’t it less than 10,000? I had always presumed that certain numbers weren’t used/allowed for CVV, like 1234 or 0000.

        • Chris says:

          If you’re going for pedantic I’d stick to ‘fewer’ as opposed to ‘less’

          🙂

    • Speedbird-abz says:

      Exactly the same happened to me. I’ve been concerned about BA’s security since then but of course didn’t delete our stored card details and were involved in last week’s debacle.

    • Anna says:

      Occasionally if my OH half enters his log in details after I’ve logged out, it still goes to my account! I don’t know if the issue is with BA or our ageing laptop.

      • Tilly says:

        Same happens to me and my husband Anna. Log out but doesn’t actually log me out – happens on all our devices.

      • Lady London says:

        Cookies most probably. If sharing systems then advice is to clear cookies etc. as well as making sure to log out and not just close the app. Can do at browser level otherwise with third party offerings including such as ccleaner

    • Matt says:

      A CVV match is more akin to a check for the retailer as part of assessing the risk factor of a card, rather than a password to unlock the usage of it. A retailer can still choose to accept payment from a card that fails the CVV check, although it obviously increases the fraud risk and I don’t think payment providers will be particularly happy if you’re constantly accepting failed CVV payments.

      Conspiracy theory hat probably even says that they may be chucking the CVV away before even doing checks due to the lack of PCI certification.

    • Sam says:

      CVV is not strictly necessary for a transaction to take place. It is there to help prevent fraud, similar to postcode and expiry date. In reality, the only number one needs to make a payment is the long number.

    • Bob says:

      Payment forms doesn’t always check CVV for saved cards.
      If the risk is small, ie; address is same, buyer has same surname, websites can lighten the security and fraud checks for saved cards.

  • Paul says:

    I am not sure that any discount for good behaviour is merited if, as suggested they ignored advice and were operating a system that was simply an accident waiting to happen.
    BAs initial response was a non compliant email which added to the concerns. Amex in my case provided me with far more reassurance. BA then sent a second compliant email albeit they did not name their DPO.
    If the article is true then they there is higher culpability and no matter how quickly the shut the door after the horse had bolted, it doesn’t alter the fact that the door didn’t have a bolt , because they were deliberately cost cutting.

  • Kevin says:

    Actually, I highly doubt this version. Even if he’s worked on the system, it’s just not plausible for ArcSight to be responsible. If it was, they would’ve had access to *all* the CC data, and not just ‘transient’ data. This looks far more like the ‘Ticketmaster NZ’ hack, where a 3rd party provider was compromised, and malicious javascript was able to read the card data in the payment processing form. If you download the Chrome extension ‘built with’, you’ll see they use a Myriad of third party stuff: It’s entirely plausible that one of their accounts (Google Analytics etc) was compromised, and this enabled the JS to be inserted.

    I’ve worked with ArcSight in the past (awful, awful product) and if that was compromised, we would be dealing with a much bigger issue than a breach of transient data.

    Anyway, that’s my take on it. Could be equally as wrong!

    • DWB1873 says:

      I agree.

      And this guy has an axe to grind – sure he “left” after they didn’t take his advice – but it could be his advice was rubbish.

      It’s the CVVs that make this one interesting. They got the data in transit. They didn’t get the core DB – as you say, the scale of that would be a different magnitude.

      It’s expected but disappointing to see how everyone has a fix and the sales people are no doubt doing great business playing off people’s fears.

      Also frightening to see some Business leaders crowing about how it won’t happen to them. Without knowing how it was done? Really. You have to assume you are comprised – to believe you aren’t based on shallow beliefs is foolish.

      What I hope, but do not expect, is a full breakdown in due course that allows the rest of us to carefully manage whatever went wrong here in our own systems. That would be a useful outcome from a bad event.

      Pitchforks at dawn, crowing and point scoring, not so much.

    • Neil says:

      I agree with this (working, as I do, in software development for a fairly large travel booking site…). If this was a back-end breach, then they would have walked off with everything. This has the makings of a 3rd party component being compromised leading to malicious javascript harvesting the card data directly off the site as it was entered.

      However, the PCI failure is still very serious. They have no excuse to not be tokenising card details by passing them through a secure proxy that hosts the card number and cvv fields.

      • Thywillbedone says:

        To fail PCI compliance is beyond serious for a business the size of BA. To not disclose this while claiming on the website that “Saving your payment details is safer than re-entering them each time you buy on ba.com” etc beggars belief. Knowing businesses in the payments space, PCI compliance is a board-level matter so it will be interesting to find out who knew what and when (if indeed the claims in the article are true).

      • Joe A says:

        Your HQ wouldn’t happen to be in Amsterdam would it? Greetings from your new Manchester office, if so.

    • EvilGazebo says:

      100% agree

  • Doug M says:

    The piece maybe interesting but we’re firmly in the speculative area here. After his advice was ignored he left. Or as the other side if any argument might say, when their contract wasn’t renewed they were bitter and looking to score points. Until, and it may be never, we find out what really happened it’s a big load of nothing.

    We can all speculate based on what’s been said of the data leak, but that’s all it is, speculation.

  • IanMacK says:

    I frequently book flights for my daughter up and down from/to London.
    I book Avios reward seats for her and my wife.
    The BA website is a real pain when it gets to the question ‘is the person paying travelling ?’ (or similar)
    If I say no and then try to add my details the website goes haywire.
    Now I just say yes (when clearly I’m not), enter my daughter as the passenger but my own credit card details and booking is processed …

    • John says:

      Amex doesn’t check the name on cards and some (all?) Visa/MC don’t either, so that’s why it works.

      However, there is a small risk of your daughter being asked for your credit card if she needs to check-in at an airport desk. Never happened to me but I vaguely recall something on HFP saying it happened to someone.

      • Fenny says:

        I have different cards I use for buying everyday stuff in GBP and others that I take when I travel abroad to pay in forrin. Unless I was specifically told I MUST present the card I paid for a flight on, chances are I wouldn’t have it with me when travelling. And given how often HfPers seem to churn, after buying at T-355, it’s quite possible lots of others wouldn’t either.

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