In this guide, we will explore the steps you could take should a Barclays bank data breach occur. This can include communicating with the organisation and in some cases, reporting the incident to the Information Commissioner’s Office (ICO). The ICO are responsible for upholding the rights and freedoms of data subjects. They can also issue fines and take other enforcement action against organisations who breach data protection laws.
A guide on what to do should a Barclays bank data breach occur
Throughout this guide, we will discuss what a personal data breach is and how you could be affected.
Additionally, we will look at the responsibilities an organisation has to protect your personal data as per data protection laws.
If you still have any questions after finishing this guide, you can speak with our advisors. They are available to help you 24 hours a day by providing free legal advice.
To get in touch, you can:
- Call 0161 696 9685
- Contact us via the online form on our page.
- Interact with an advisor via the live chat box below.
Select A Section
- A Guide On Claiming For A Bank Data Breach
- What Is Classed As Sensitive Data Under The UK GDPR?
- How Could You Be Affected By A Data Breach?
- Could I Be Compensated For A Potential Barclays Bank Data Breach?
- Calculating Compensation If A Bank Suffers A Data Breach
- Could I Make A No Win No Fee Claim Should A Barclays Bank Data Breach Occur?
A Guide On Claiming For A Bank Data Breach
Personal data is information that can identify you directly or when processed in combination with other information, such as your name, address, and mobile number.
A personal data breach is a security incident that affects the integrity, availability, and confidentiality of someone’s personal data. Both cyber and non-cyber security incidents can lead to personal data breaches.
The UK General Data Protection Regulation (UK GDPR) outlines the responsibilities and obligations for processing the personal data of those who reside in the UK. The UK GDPR works alongside an updated version of the Data Protection Act 2018 (DPA) to act as a regime for monitoring the use of people’s personal data.
Data controllers and processors are responsible for protecting your personal data. Data controllers decide why and how your data is processed, whereas data processors can act on behalf of a data controller. A data controller may also process the data themselves.
As a data controller, banks must adhere to data protection law. If they do not follow data protection law, you could see your personal data being compromised and causing you mental or financial damage. For example, an organisation may fail to provide their employees with adequate training leading to a staff member disposing of someone’s bank statements incorrectly. As a result, this may lead to someone stealing your bank details. This could cause you stress and financial loss.
To find out when claims could be justified should a Barclays bank data breach occur, get in touch.
How Commonly Do Data Breaches Happen To Banks?
The ICO’s data security incident trends showed there were 173 cyber and non-cyber security incidents affecting the finance, insurance and credit sector during quarter 4 of the financial year 2021/2022.
The most common non-cyber incident was data being emailed to the wrong person. Additionally, the most common cyber incident was ransomware attacks.
What Is Classed As Sensitive Data Under The UK GDPR?
Personal data can be used to identify you directly or in combination with other information. Some examples are:
- Name
- Address
- Mobile number
- Email address
- Bank account details
- Credit card information
However, some personal data is classified as special category data. This is personal information that needs more protection because it is sensitive. Some examples are personal data revealing:
- Political opinions
- Religious beliefs
- Race and ethnicity
- Biometric or genetic data
Contact our advisors if you have evidence that your personal information was compromised by a Barclays bank data breach.
How Could You Be Affected By A Data Breach?
There are various ways you could be impacted by a personal data breach.
Firstly, your financial information may be compromised, due to a lost records data breach. Your banking details, credit or debit card information and potential loans could be leaked. If someone were to retrieve access to this kind of personal information, you could suffer from financial losses. You could see money being taken out of your bank account, charges made on your card and loans taken out in your name.
Additionally, you may also suffer from mental health problems due to the breach of your personal information. Depending on what type of personal information was compromised, you may develop anxiety, depression and post-traumatic stress disorder (PTSD). These could lead to symptoms such as lack of sleep, poor appetite and stress.
You may be able to seek compensation for a personal data breach. Learn more about the criteria your claim must meet in the section below.
Could I Be Compensated For A Potential Barclays Bank Data Breach?
To make a claim after the breach of your personal data, certain criteria need to be met. You need to prove:
- An organisation failed to uphold their responsibilities as per data protection law
- This led to a breach compromising your personal data
- You suffered losses of a financial nature or mental suffering as a result.
Additionally, there are steps you could take should a breach occur, such as contacting the organisation. The organisation should contact you without undue delay if there has been a data breach affecting your rights and freedoms. However, you can contact them if you haven’t heard anything and suspect your personal data has been compromised.
Furthermore, you could contact the ICO who could launch an investigation.
If you have evidence of an organisation’s failings causing your personal data to become compromised and leading to you suffering mental harm or financial damage, you may be able to claim.
Contact our team to find out when claims could be justified should a Barclays bank data breach occur.
Calculating Compensation If A Bank Suffers A Data Breach
If you make a successful personal data breach claim, you could be awarded for material and non-material damage. Each of these head of claim compensates for the different ways in which the breach has affected your life.
Material damage can compensate for the financial harm you suffered due to the personal data breach. This can include loans taken out in your name or an impact on your credit score. You should provide evidence of any financial loss, such as bank or credit score statements.
Non-material damage can compensate for any psychological injuries inflicted due to the personal data breach. This can include stress, anxiety, distress and PTSD in more severe cases. You can claim for non-material damage independently of financial loss.
Inserted below is a table of data breach compensation brackets that correspond to different mental injuries. These figures come from the 16th edition of the Judicial College Guidelines (JCG), published in April 2022.
Solicitors often use the JCG to help them when valuing settlements for different types of claims, such as personal injury claims. This can include accident at work, road traffic accident, public place accident claims. Also, they can use it to help them value medical negligence claims.
The figures in the table may differ from what you’re awarded.
| Non-Material Damage (Injury) | Severity/Notes | Amount |
|---|---|---|
| Mental suffering | (a) Severe - Problems coping with all areas of life and a very poor prognosis. | £54,830 - £115,730 |
| Mental suffering | Moderately Severe - Problems with being able to cope with aspects of life but a better prognosis. | £19,070 - £54,830 |
| Mental suffering | (c) Moderate - Significant improvements despite suffering with aspects of life and a good prognosis. | £5,860 - £19,070 |
| Mental suffering | (d) Less Severe - The period of illness and how much certain activities were affected will determine the amount awarded. | £1,540 - £5,860 |
| Anxiety Disorder | (a) Severe - Permanent effects, stopping them from functioning the same as they used to. | £59,860 - £100,670 |
| Anxiety Disorder | (b) Moderately Severe - Better prognosis due to professional help. | £23,150 - £59,860 |
| Anxiety Disorder | (c) Moderate - There will be some recovery and any continuing symptoms won’t be hugely disabling. | £8,180 - £23,150 |
| Anxiety Disorder | (d) Less Severe - In one to two years there will be basically a full recovery. Only minor symptoms will remain over a longer period. | £3,950 - £8,180 |
For more information on how much data breach compensation you could be awarded after a successful claim, call our team.
Could I Make A No Win No Fee Claim Should A Barclays Bank Data Breach Occur?
If you are eligible to make a claim and want to do so with legal help and representation, a type of No Win No Fee agreement, called a Conditional Fee Agreement, might benefit you. As per this arrangement:
- If your case isn’t successful, you are not obligated to pay for your solicitor’s services.
- If your case is successful, you will pay a small success fee out of your compensation. The fee is subject to a legal cap.
This is a service our panel of solicitors could provide. For more information, get in touch. They could also discuss the steps you could take should a Barclays bank data breach occur. You can:
- Call 0161 696 9685
- Contact us via the online form on our page.
- Interact with an advisor via the live chat box below.
Resources Supporting Data Breach Claims Against Banks
Some additional helpful articles:
- How to claim if your files were lost in a data breach
- Family data breach compensation guide
- How to claim for a witness GDPR data breach.
To learn more:
- ICO: Understanding and assessing risk in personal data breaches.
- ICO: Guide to the UK GDPR.
- National Cyber Security Centre: Data breaches – guidance for individuals and families.
We hope this guide on the steps you could take should a Barclays bank data breach occur has helped. Call us if you need any other information.
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Published by NL