TSB Bank Data Breach – When Could You Claim Compensation?

This guide explores the steps you could take should you be affected by a TSB Bank data breach. Learn about what personal data may be involved should a bank data breach occur. 

We explore the legislation in place to help protect your personal data. Additionally, we look at what rights the legislation gives data subjects. This guide will also explain what data is protected and what data is given additional protection due to its sensitive nature. 

TSB Bank data breach

TSB Bank data breach guide

Should a data breach occur, the legislation gives you the right to seek compensation. However, specific criteria need to be met for a claim to be valid. We examine what this is. 

We also take a look at the two heads that could make up a settlement in a data breach claim. If you experience harm to your mental health, this can be taken into account when your compensation is worked out. We take a look at examples of damages awarded for psychological injuries and how legal professionals can come to these. 

Towards the end of this guide, we look at No Win No Fee arrangements. You may find hiring a No Win No Fee solicitor could benefit your claim; we explain how this is and when an advisor from our team may be able to connect you with a lawyer. 

 To speak to a member of the team:

Select A Section

  1. A Guide On When Could You Claim If A TSB Bank Data Breach Occurs
  2. Data Protected By The UK GDPR And Data Protection Act 2018
  3. How A Financial Data Breach Could Have Impacted You
  4. Check Who Could Make A Claim If A TSB Bank Data Breach Occurs
  5. Calculating Damages If A TSB Bank Data Breach Happens
  6. Talk To Us About Claiming If A Bank Data Breach Has Occurred

A Guide On When Could You Claim If A TSB Bank Data Breach Occurs

Two main pieces of legislation are in place to help protect your personal data in the UK. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Together they give you more control over how and why your data is processed as a data subject. They also hold data controllers responsible when data is breached due to their failure to adhere to data protection laws. A data controller is an organisation that decides how and why your personal data will be processed. 

Article 82 of the UK GDPR allows data subjects to claim if a personal data breach were to occur. Specific eligibility criteria apply: 

  • Firstly, you must prove that the data controller failed to adhere to data protection laws. 
  • The breach must have exposed your personal data.
  • Finally, the breach must have caused you harm

The Information Commissioner’s Office (ICO) defines a data breach as a security incident in which the confidentiality, availability or integrity of personal data is impacted. The ICO is an independent body set up to help protect the public’s data rights. 

If you’d like to know whether you have a valid TSB Bank data breach claim, speak with an advisor from our team today.

Data Protected By The UK GDPR And Data Protection Act 2018

If a bank data breach were to occur, you might wonder what personal data could be affected. The laws in place aim to protect your personal information; for example, personal data cannot be processed without a lawful basis for doing so. Additionally, extra protections are given to data that is more sensitive. This is known as special category data. 

Personal data can include:

  • Name
  • Date of birth
  • Address
  • Email address
  • Phone number
  • Credit and debit card information

Special category data includes personal data relating to your:

  • Racial and ethnic origin
  • Political and religious background
  • Trade union membership status
  • Genetic and biometric information
  • Medical information
  • Sex life and sexual orientation

Contact our advisors to discuss what steps you could take should a TSB Bank data breach occur. 

How A Financial Data Breach Could Have Impacted You

A bank data breach may have both financial and mental consequences. You can claim for each of these separately as well as both together. 

You could experience stress due to a data breach. Additionally, you could develop a more serious condition such as post-traumatic stress disorder (PTSD). 

A criminal may acquire your details if they are exposed in a data breach. Identity theft could occur. This could make it more difficult to obtain credit in the future. 

If a bank data breach occurs and it impacts your rights:

  • You should be informed without undue delay.
  • The bank should tell you what information was included. 
  • You can ask how it happened.
  • In addition, you can ask about how it is being put right. 

If you’re concerned about how your personal data is being processed

You can get in touch with our advisors to see if you have a valid TSB bank data breach claim. 

Check Who Could Make A Claim If A TSB Bank Data Breach Occurs

As mentioned previously in this guide, certain eligibility criteria apply to making a data breach claim. Your personal data could be exposed to a TSB Bank data breach. In order to claim, you will need to prove that you were harmed and that the breach caused you financial and/or emotional harm. 

It’s also important to start your claim within the appropriate time limit. This is generally 6 years from the date of the breach or 1 year if the claim is against a public body.

If you have evidence of a banking data breach, you can contact our advisors for free legal advice. 

Calculating Damages If A TSB Bank Data Breach Happens

Two heads could make up a settlement in a successful data breach claim. These cover material and non-material damages. We examine both in further detail below. 

Prior to a Vidal-Hall and others v Google Inc. (2015) Court of Appeal ruling, you were only able to claim for a psychological injury if you experienced and claimed for material losses alongside this. This case set a precedent; now, you can claim for the mental harm of a breach even if it did not cause you to lose out financially. 

Material Damages In A Finance Data Breach

This head of your data breach claim recovers any financial losses you may experience. You will need to provide evidence, such as previous bank statements. 

Non-material Damages In A Finance Data Breach

You could be awarded compensation for psychiatric harm. To help assess your psychological injury, you might be required to attend an independent medical assessment. This allows for a fuller understanding of your mental health harm. 

Legal professionals use the Judicial College Guidelines (JCG) to help assign value to personal injury claims. The same document is used to calculate your potential psychological injury payout in a data breach claim.

The JCG includes a list of injuries, including psychiatric damages and PTSD, alongside compensation brackets associated with them. We’ve included examples from the latest edition, published in April 2022, in the table below. 

Edit
Injury Severity Potential Compensation Notes
Psychiatric Disorder (Reactive) Severe (a) £59,860 to £100,670 The claimant will experience an inability to function at the same level they did before the trauma. This is permanent and has a bad impact on all areas of their life.
Psychiatric Disorder (Reactive) Moderately Severe (b) £23,150 to £59,860 At this level of severity, the claimant could experience some recovery. This comes with the help of a professional. However, the symptoms cause a significant level of disability lasting into the foreseeable future.
Psychiatric Disorder (Reactive) Moderate (c) £8,180 to £23,150 The claimant has largely recovered, however, they could still experience some symptoms that are not grossly disabling.
Psychiatric Disorder (Reactive) Less Severe (d) £3,950 to £8,180 The claimant makes virtually a full recovery, but, there may be some lingering symptoms experienced past 1-2 years.
Psychological Injury Severe (a) £54,830 to £115,730 The claimant struggles to cope with life and relationships. At this severity, the prognosis is very poor.
Psychological Injury Moderately Severe (b) £19,070 to £54,830 There’s significant problems coping with life and in relationships, however, the prognosis for the claimant is optimistic.
Psychological Injury Moderate (c) £5,860 to £19,070 There’s been problems for the claimant in life and relationships, but there’s been improvements in their mental state and the prognosis is good.
Psychological Injury Less Severe (d) £1,540 to £5,860 There’s a disability for a period of time which impacts the claimant’s daily activities and their ability to sleep.

Our advisors can answer your questions regarding how damages are awarded in data breach claims. 

Talk To Us About Claiming If A Bank Data Breach Has Occurred

An experienced data breach lawyer could help ensure that all of your losses are included in your claim. This is important because, once a claim is settled, you can’t go back and include more in your settlement. This applies even if more damages become apparent. 

A No Win No Fee solicitor could provide their services using a Conditional Fee Agreement (CFA). For you, this means that your solicitor will not charge an upfront solicitors fee. A successful claim will have a success fee taken from the award. A legal cap applies to this fee. However, if your claim doesn’t succeed, you will not have to pay your lawyer for their services. 

Contact our data breach claims team if you need free legal advice. They can tell you whether you have a valid TSB Bank data breach claim. 

To speak to an advisor today, you can:

Find Out More About Making A Claim After a TSB Bank Data Breach

More guides about different types of claims:

Other Data Breach Claim Guides

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