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Expert Witness
Report & Testimony

Expert Witness

3B Data Security
Case Study

Sector: All Sectors
3B Data Secuirty

Expert Witness

Situation: One of the top legal firms in London contacted 3B Data Security due to their experience within the Payment Card Industry (PCI) and because 3B Data Security is a Qualified Security Assessor Company (QSAC) and PCI Forensic Investigator (PFI).

Task: They required 3B Data Security’s assistance to act on their client’s behalf as an expert witness for a First Tier Tribunal Hearing defending a Monetary Penalty Notice issued by the United Kingdom’s Information Commissioner’s Office.

The high-profile client was a major United Kingdom high street retailer who was suspected of suffering a data compromise of personal data and cardholder data, which as claimed by the Information Commissioner’s Office resulted in a breach of the Data Protection Act that was in force within the United Kingdom at the time of the suspected incident.
Actions: 3B Data Security worked with the client, their legal team and the barristers representing the case for many months leading up to the court hearing, which included:

• Numerous case conferences, workshops and feedback sessions.
• Document review of all case related documents, technical reports and disclosures.
• Advice, guidance and education of the relevant subject matter.
• Providing feedback responses, both verbal and written responses on the case pleadings, points within the relevant notices, requests for information documents and technical reports.
• Research and development to support the case.
• Document disclosures of relevant supporting material.
• Creation of a formal expert witness report, along with relevant appendices detailing the expert’s opinions on the matters within the case.
• Conducting interviews and data discovery exercises with the relevant witnesses.
• Formal meetings to cover the expert witness report content.
• Providing feedback responses, both verbal and written on the opposing side’s expert witness report and references.
• Numerous formal meetings with the opposing side’s expert witness as well as collaboration with the other expert witnesses from the client’s side.
• Creation of a joint expert witness report with the other expert witnesses.
• Completion of all relevant requirements prior to the court tribunal hearing.
• Provision of advice and guidance to the client’s legal counsel during the court hearing.
• Provision of direct expert witness evidence to the court tribunal hearing, both under examination from the client’s legal counsel and under cross examination.

Results: During the court hearing on the stand, numerous complex and technical arguments were raised and 3B Data Security’s expert witness conveyed the necessary information to the court in a professional, calm and clear manner for the benefit of the court and the client. The expert evidence was given over the course of two days out of the seven-day tribunal hearing.

The feedback from the client’s legal counsel upon completion of the expert testimony to 3B Data Security’s expert was “Calm and concerted, you can tell you have done that before”.
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