This guide examines what steps you could take should a Co-operative Bank data breach occur.
Throughout this article, we will explain what legislation is in place to protect the personal data of those who reside in the UK. This legislation also dictates who can make a claim for compensation following a personal data breach.
Additionally, we look at what personal data is and how organisations such as a bank may use or collect this data.
If you experience harm following a personal data breach, you may wish to claim compensation. We will detail how legal professionals value personal data breach claims and provide examples of guideline compensation amounts.
Our advisors can provide free legal advice and may be able to connect you with a solicitor from our panel. To learn more:
Select A Section
- A Guide To Bank Data Protection Breach Claims
- Data Covered By The Data Protection Act And UK GDPR
- The Impact Of Data Breaches
- Could I Claim For A Co-operative Bank Data Breach?
- What Damages Could You Claim Should A Co-operative Bank Data Breach Occur?
- Could I Use a No Win No Fee Solicitor Should A Co-operative Bank Data Breach Occur?
In the UK, we have legislation in place to help protect our personal data. The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) sit together to help govern the storage, collection, and processing of your personal data. Personal data is any information that could identify you. For example, your name, postal address, or postcode.
The Information Commissioner’s Office (ICO) is an independent body that enforces these laws and helps organisations practice adequate data security. According to their definition, a data breach is a security incident affecting the availability, integrity or confidentiality of personal data.
Article 82 of the UK GDPR gives data subjects the right to seek compensation should a breach compromise their personal data. However, you must meet specific requirements to claim. We explore these further in this guide.
Financial, Insurance, and Credit Sector Data Breach Statistics
The ICO monitors and publishes reported data security incident trends. These reports are published by financial quarter and are sorted by industry and sector. For example, in Q4 of the 2021/22 financial year, the finance, insurance, and credit sector reported 173 non-cyber and cyber security incidents.
Of this number, 35 incidents were attributed to personal data being emailed to the wrong recipient. A further 29 incidents can be attributed to personal data being faxed or posted to the wrong address.
To find out what steps you could take should a potential Co-operative Bank data breach occur, contact our advisors today.
If a bank data breach were to occur, you might wonder what personal data could potentially be included. Some examples of personal data that a bank could hold include:
- Phone number
- Email address
- Bank account number and sort code
- Credit and debit card information
Special category data that a bank may hold could include information that refers to your:
- Trade union membership status
- Biometric data
- Data that refers to your sex life and sexual orientation
This is a subtype of personal data that is sensitive in nature, and as such, it requires extra protection.
You can contact our data breach claims team if you have evidence that your personal data was breached. They may be able to provide an answer to the question ‘can I claim should a Co-operative Bank data breach occur?’.
Should a potential Co-operative Bank data breach occur, it could have adverse effects on your life. For example, banking data such as your account number and sort code could be used to steal money from your bank account. In addition to this, you could become a victim of identity fraud.
Financial losses are not the only negative impact you could experience following a personal data breach. You may experience a psychological injury, such as post-traumatic stress disorder (PTSD) or stress.
You can speak to our advisors to learn about the next steps you can take should your information be exposed in a data breach.
As mentioned already, Article 82 of the UK GDPR entitles data breach victims to claim compensation. However, a set of eligibility criteria applies.
Should you wish to make a personal data breach claim, you need to prove:
- That the breach occurred as a result of the organisation’s failings
- That the breach compromised your personal data
- That you experienced harm, either financially or emotionally.
If a bank data breach occurs that could affect your freedoms or rights, the organisation must notify you without undue delay under data protection law. Additionally, organisations have 72 hours to inform the ICO of a breach that could affect your freedoms or your rights.
You can also contact the organisation and ask for more information. For example, you may ask how the breach occurred or what information was affected. If you do not receive a satisfactory reply within three months, you can make a complaint to the ICO.
Find out if you could make a personal data breach claim by getting in touch with our team of advisors. They can also advise on when a potential claim could be justified should a Co-operative Bank data breach occur.
There are two potential heads of claim you may receive when making a personal data breach claim: material and non-material damage. You can receive compensation for material damage which accounts for the financial impacts of the breach. For example, theft of money from your bank accounts or identity fraud that affects your credit score.
You can also receive compensation for non-material damage which accounts for the impact the breach has on your mental health. For example, you may suffer from psychological effects such as anxiety, stress, depression, or PTSD following a personal data breach.
When legal professionals assign value to personal injury claims and personal data breach claims, they often use the Judicial College Guidelines (JCG) to help. The JCG can help solicitors value the non-material damage head of your claim, as it contains guideline compensation amounts for a variety of psychological injuries. You can find some examples of these amounts below.
|Severe (a)||Psychiatric Injury||£54,830 to £115,730||The person's ability to cope with life and relationships is severely impacted. The prognosis is very poor.|
|Moderately severe (b)||Psychiatric Injury||£19,070 to £54,830||Significant problems occur with the person's ability to cope with life and relationships but the prognosis is more optimistic.|
|Moderate (c)||Psychiatric Injury||£5,860 to £19,070||The person experiences marked improvements in their mental state with a good prognosis.|
|Less severe (d)||Psychiatric Injury||£1,540 to £5,860||There will be consideration given to how long the person has been affected and the extent of the mental harm they experienced.|
|Severe (a)||PTSD||£59,860 to £100,670||The severe symptoms have a bad impact on all areas of life, resulting in difficulty functioning at the same level as before the trauma.|
|Moderately severe (b)||PTSD||£23,150 to £59,860||The person is expected to have a significant disability for the foreseeable future. However, with the correct help from a professional, they could make some recovery.|
|Moderate (c)||PTSD||£8,180 to £23,150||A large recovery occurs. However, some symptoms may remain. These are not hugely disabling.|
|Less severe (d)||PTSD||£3,950 to £8,180||Minor symptoms may linger beyond 1-2 years, however, the person has virtually made a full recovery.|
Should a potential Co-operative Bank data breach occur, contact our team to learn about what steps you could take next.
Generally, you are not charged any upfront or ongoing fees by your solicitor for their services when you use a CFA.
If your claim is successful, then your solicitor will charge a success fee. This fee would be taken from your compensation as a legally-capped percentage. However, if your claim does not succeed, then you do not pay this fee.
To speak to us today:
- Lost records compensation claims
- A guide on an accidental data breach by an employer
- How to claim for a breach of discrimination information
Thank you for reading our guide on the steps you could take should a potential Co-operative Bank data breach occur. For more information, get in touch on the number above.
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