Debit And Credit Card Data Breach Compensation Claims

Debit And Credit Card Data Breach Compensation Claims

Debit And Credit Card Data Breach Compensation Claims

Have you been subject to a credit card data breach? Would you like to make a data breach claim? This article will explain what a credit card data breach is and how it could happen. We will also tell you who could be eligible to make a personal data breach claim as not all data breach victims will hold a valid case and what compensation you may be eligible to receive.

A credit card data breach cannot only expose financial data but also a variety of other personal information about you that can have an impact on your finances as well as your mental well-being.

Our advisors are available 24/7 to offer free legal advice and help determine if your claim is valid. If you have a case, it may be forwarded to our panel of No Win No Fee solicitors who can help begin the legal process. Contact us today by:

Select A Section

  1. What Is A Debit Or Credit Card Data Breach?
  2. How Could A Debit Or Credit Card Data Breach Happen?
  3. Examples Of Credit Card Data Breaches
  4. How To Make A Financial Service Data Breach Claim
  5. Credit Card Data Breach Compensation Amounts 
  6. Start A Credit Card Data Breach Claim

What Is A Debit Or Credit Card Data Breach? 

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 are both pieces of legislation that define a personal data breach as a security incident that results in the ‘accidental or unlawful’ loss, alteration, disclosure, or destruction or access to personal data. 

There are two main entities that have a legal obligation to secure the personal information that they handle and these are:

  • Data controllers – The organisation that decides the purpose of processing your personal data.
  • Data processors – This could be outsourced by a data controller to process your personal data on their behalf. 

Your personal data is any identifiable information such as email address, home address, name and date of birth. In a credit card data breach, it can also compromise your card number, bank account number and sort code.

If you believe your information has been breached, get in touch with our advisors today and they may pass you to our panel of expert solicitors. 

Bank And Financial Service Data Breach Statistics

The Information Commissioner’s Office (ICO) published in their 2019/22 data security incident trends for recent data security incidents. There were reports of 28,369 incidents, of which 21,286 were non-cyber and 7,083 cyber incidents. 

The finance, insurance and credit sector reported 2,701 data security incidents in Q3 of 2021/22. The 3 most common incidents include (Data Range: 01/10/2021 – 31/12/2021): 

  • Data emailed to incorrect recipient – 42
  • Data posted or faxed to incorrect recipient – 23
  • Ransomware – 19

How Could A Debit Or Credit Card Data Breach Happen?

Data breaches happen because of many reasons. It can be deliberate or unintentional, for example, via human error or hacking. In credit card data breaches, banking information can be very valuable as the thief can take your earnings or use your information for impersonation and apply for loans, which can negatively impact your credit score.

Phishing is one of the most common data attacks, whereby a cybercriminal poses as a reputable organisation, usually sending out emails for the person to complete with their financial information, for instance. 

Ransomware is also used by cybercriminals. Ransomware is a form of malware that unlawfully encrypts files to get the organisation to pay to regain access.

Unauthorised access can be both deliberate and caused by human error. A hacker could illegally access your personal data, or the data controller or processor could share your personal data with a person who does not have authority. 

Sending personal details by email to the wrong recipient is the most common type of human error data breach. If a bank or building society sends your personal financial information to the wrong email address or faxes it to the incorrect person then if you have suffered harm you could be eligible for data breach compensation.

Contact our advisors today if you believe you’ve been subject to a credit card data breach and they may pass you to our expert lawyers for legal guidance. 

Examples Of Credit Card Data Breaches 

The ICO can investigate and penalise companies that fail to safeguard data. 

The ICO investigates data breaches in companies to find out whether personal data is as secure as possible, and can penalise a company if they fail to prevent security incidents. 

The highest penalty amount is usually 4% of the company’s total annual worldwide turnover from the last financial year or £17.5 million, depending on which is higher. However, please note that this is not part of your compensation and you will receive any of this fine as part of your data breach compensation. 

For information on credit card data breaches, you can contact our advisors today.

How To Make A Financial Service Data Breach Claim

All data controllers and processors are subject to the data protection rules and regulations established in the Data Protection Act 2018 (DPA) and the UK GDPR. A company must follow the UK GDPR rules when processing and handling personal data. 

To ensure they protect your personal data the UK GDPR outlines the 7 principles:

  • Lawfulness, fairness and transparency – To process data lawfully, fairly and transparently.
  • Purpose limitation – Collect data for an expressly specific purpose.
  • Data minimisation – Limit data to what is necessary, adequate and relevant.
  • Accuracy – Ensure accurately and up to date information, any incorrect data should be erased. 
  • Storage limitation – Information is to be kept no longer than what is needed to be processed for its explicit purpose. 
  • Integrity and confidentiality (security) – Processed with data security in mind 
  • Accountability – The controller is responsible for the security of the data. 

An organisation failing to comply with the 7 principles and causing a data breach can be grounds for a claim. Our advisors can help determine whether the data controller who processed your data has failed to keep your data secure as well as provide free legal advice or pass you on to our panel of lawyers who can help you claim. 

Credit Card Data Breach Compensation Amounts 

Data breach compensation can break down into material and non-material damages:

  • Material damages – In the case of a credit card data breach, your personal data being stolen can negatively impact your finances causing a financial loss or even identity fraud. 
  • Non-material damages – The harm suffered can include paranoia, anxiety, depression and stress among a number of other mental health distresses.

The Vidal-Hall v Google case heard in the court of appeal set a new precedent, that data breach victims can claim compensation for mental injuries alone when no financial losses have been caused. 

The Judicial College Guidelines (JCG) outline possible compensation for the harm sustained under non-material damages. The JCG publish possible brackets of compensation for different types of injuries at differing levels of severity. Please see the below table for potential compensations: 

Injury Compensation Notes
Severe general mental damage (a) £51,460 to £108,620 Education, work, social life and relationships will all be severely affected and the prognosis is poor.
Moderately severe general mental damage (b) £17,900 to £51,460 The same factors as above will apply but there will be a more optimistic outlook for the future.
Moderate general mental damage (c) £5,500 to £17,900 There will have been large improvements. Symptoms that remain should not be significant.
Less severe general mental damage (d) £1,440 to £5,500 The disability period and affect on sleep will play a part in this award bracket.
Severe anxiety disorder (a) £56,180 to £94,470 There will be no return to pre-trauma life as all aspects of life will be greatly affected.
Moderately severe anxiety disorder (b) £21,730 to £56,180 With the right professional help there may be some recovery made.
Moderate anxiety disorder (c) £7,680 to £21,730 A good deal of recovery will have been made.
Less severe anxiety disorder (d) £3,710 to £7,680 Within one to two years the person should have made a fully recovery. Only minor symptoms may persist.

Start A Credit Card Data Breach Claim

Our advisors can help determine if your credit card data breach claim is valid and can pass you on to our panel of No Win No Fee solicitors to start claiming. 

Our panel of solicitors operate under a Conditional Fee Agreement (CFA), which commonly requires no hiring payment and you pay no fees if the claim fails. If your claim succeeds then a legally-capped success fee will be taken from your compensation to cover their fees.

If you feel your claim is valid and our panel of expert solicitors could benefit you, then contact our advisors today by:

About Debit And Credit Card Data Protection Breaches

Please see our other articles for more information:

You may also find the following links useful:

Contact our advisors today for free legal advice on your credit card data breach claim.