In this guide, we will explore the steps you could potentially take if an Atom Bank data breach were to happen and compromise your personal data. There are some instances where a personal data breach claim could be made. However, in order to have valid grounds to pursue compensation, there are a set of criteria that need to be met. You can learn more about these as you move through our guide.
Atom Bank Data Breach – When Could You Claim Compensation?
Additionally, we define what a data breach is and what personal information of yours could be affected if one happened. We also explore the parties who have a responsibility to protect your personal information and the data protection laws they need to adhere to.
Moreover, we highlight what data breach compensation you could potentially receive for the damage you have suffered.
Furthermore, we explain how a No Win No Fee solicitor from our panel could help you.
If you have any other questions, please contact our team of advisors. To reach them, you can:
- Call us on 0161 696 9685
- Use our form to contact us
- Speak with them via the live chat function below.
Select A Section
- Atom Bank Data Breach – When Could You Claim Compensation?
- If An Atom Bank Data Breach Were To Happen, What Data Could Be Impacted?
- How Can I Prove A Bank Data Breach?
- What Could I Do If I Think My Data Has Been Breached?
- Compensation Payouts For Data Breaches
- Could I Use A No Win No Fee Solicitor For A Data Breach Claim?
Atom Bank Data Breach – When Could You Claim Compensation?
A personal data breach is defined by the Information Commissioner’s Office as a security incident which affects the integrity and confidentiality as well as the availability of personal information. The ICO is an independent body responsible for upholding your freedoms as a data subject.
The Data Protection Act 2018 and the UK General Data Protection Regulation were created with the purpose of outlining the responsibilities certain parties have when processing your personal data. These parties are known as data controllers and data processors. Each has a different responsibility, with controllers setting the purpose for processing, and processors acting on their behalf. If either of them failed to adhere to these laws, this would constitute a breach of data protection.
Article 82 of the UK GDPR outlines the relevant criteria to make a claim for a breach of your personal data:
- A data controller or processor has failed to adhere to the data protection laws.
- As a result of their wrongful conduct, a data breach occurred compromising your personal data.
- The personal data breach has affected you emotionally or financially.
If An Atom Bank Data Breach Occurs, How Long Would You Have To Claim?
When making a claim after a data breach, you should also adhere to the time limits as well as ensuring your claim meets the criteria laid out in the above section. Typically, you will have six years to begin a claim, but this can be reduced to one year if the claim is against a public body.
To learn more about whether you could pursue compensation and how long you have to claim, please get in touch with our team.
If An Atom Bank Data Breach Were To Happen, What Data Could Be Impacted?
Personal data is information that can be used to identify you. This can happen directly or indirectly, such as when certain information is used in conjunction with other data. For example:
- Name
- Email address
- Postage address
- Phone number
- Credit and debit card details
- Date of birth
Additionally, there is a specific type of personal data that requires extra protection because of it being sensitive in nature. This is called special category data and can include biometric date as well as personal data revealing your ethnic or racial origin and trade union membership.
If this data is affected in a breach, it could cause you different types of damage. For example, you could be caused financial loss if your bank or credit card details have been compromised in a bank data breach. This could potentially occur if a member of staff from the bank has sent your letters to the wrong postal address despite you informing them of the correct address. Additionally, this could cause you stress and anxiety.
For guidance on what you could potentially do if a data breach happened and compromised your personal data, you can contact our helpful claims team by calling them on the number above.
How Can I Prove A Bank Data Breach?
In order to prove that a controller’s or processor’s wrongful conduct led to a breach in which your personal data was affected and caused you to experience financial loss or emotional damage, you could gather evidence. For example:
- Bank statements, credit reports, or any other financial documents can show the impact on your finances.
- A report from a medical assessment showing an emotional harm you have experienced.
- Correspondence between you and the organisation, such as letters and emails that provide an insight into the nature of the breach.
A data breach solicitor from our panel could potentially assist you in gathering evidence to support your case. They may do so if your claim is legitimate. Find out whether they could help you by calling an advisor on the number above.
What Could I Do If I Think My Data Has Been Breached?
There are various steps you could take if your personal data is compromised in a breach.
Firstly, you can make a complaint directly to the organisation, asking them how they plan to respond to the breach and what measures they are going to put in place to rectify the situation.
However, if they do not provide a response that you consider to be acceptable or they do not respond at all, you can reach out to the ICO. They may choose to investigate the data breach. If they find the organisation to have breached data protection laws, they are able to take enforcement action, such as issuing fines.
To learn what you could do should an Atom Bank data breach happen, please speak with a member of our team.
Compensation Payouts For Data Breaches
There are two types of damage you could experience following a personal data breach:
- Material damage: This is the financial loss caused by the breach of your personal data, including any money that has been taken from your account after having your bank details compromised.
- Non-material damage: This is the mental harm caused by the breach of your personal data. For example, your mental health problems were made worse by a data breach or you may have suffered anxiety caused by a data breach.
When valuing the non-material damage you have been caused, solicitors may use the Judicial College Guidelines to help them. This is a publication which contains guideline award brackets, some of which we have included in the following table.
However, these are only to be used as a guide and are not necessarily reflective of what you will receive following a successful claim.
Compensation Guidelines
| Type of Harm | Level of Severity | Notes | Award Brackets - Guidelines |
|---|---|---|---|
| Psychological Damage | Severe (a) | Marked issues in coping with aspects of life such as work and relationships. The prognosis is very poor. | £54,830 - £115,730 |
| Moderately Severe (b) | Significant issues in relation to coping with work, and relationships. However, the prognosis is more optimistic. | £19,070 - £54,830 | |
| Moderate (c) | There has been problems with coping but it has improved. The prognosis is good. | £5,860 - £19,070 | |
| Less Severe (d) | The period of time for which the disability persisted and how badly it affected the person will be considered. | £1,540 - £5,860 | |
| Anxiety Disorder | Severe (a) | There are permanent effects and all aspects of the persons life are impacted badly. | £59,860 - £100,670 |
| Moderately Severe (b) | There are still some significant disabilities likely in the future but the prognosis is better because of the person receiving professional help. | £23,150 - £59,860 | |
| Moderate (c) | Whilst there may be ongoing effects, these are not major and the person will have made a large recovery. | £8,180 - £23,150 | |
| Less Severe (d) | A full recovery has been made within one to two years and symptoms that persist are minor. | £3,950 - £8,180 |
For a personalised estimate of how much you could receive in data breach compensation, speak with an advisor on the number above.
Could I Use A No Win No Fee Solicitor In A Claim For A Data Breach?
If you choose to work with a No Win No Fee solicitor, you may be presented with a Conditional Fee Agreement. This usually operates in a way which means that if your claim is unsuccessful, you will not pay for the services which your solicitor provides.
Alternatively, your solicitor will take a success fee if your claim is successful. The percentage they take is capped by the Conditional Fee Agreements Order 2013.
Contact Us
For information on the steps you could take should an Atom Bank data breach occur, please get in touch with an advisor. You can ask any questions you may have in relation to the information included throughout our guide.
To speak to a member of our team, you can:
- Call us on 0161 696 9685
- Use our form to contact us
- Speak with an advisor via the live chat function below.
Learn More About Bank Data Breaches
You can find more of our data breach guides below:
- I Suffered A Text Message Data Breach – How Do I Claim?
- What Happens After An Accidental Data Breach By An Employer?
- Can I Claim For A Breach Of Sickness Information At Work?
Also, you can follow the links below for other helpful information:
- Data Security Incident Trends – ICO
- For Organisations – ICO
- Data Protection – Government Guidance
If you have any questions regarding the potential steps you could take should an Atom Bank data breach happen, you can get in touch using the details provided above.
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