When Could You Make A Joint Bank Account Data Breach Claim?

Has your personal data been affected in a joint bank account data breach? Have you suffered psychiatric or financial harm as a result of this? If there is proof that the wrongful conduct of a bank or other organisation caused the breach, you may be able to claim compensation.


How to make a joint bank account data breach claims guide

A joint bank account is a current or savings account shared between two or more people. If a banking data breach occurs, it may expose personal data. Criminals could use the information to target the data subject for fraud. This in turn could result in substantial financial damage.

However, data breaches can also cause the victim to experience emotional distress, acute stress, or post-traumatic stress disorder.

If a data protection breach at a bank has harmed you, you may have grounds to claim. Call our advisors today to get more information. If they find your claim to be valid, they may connect you with a data breach solicitor from our panel. To find out more, you can:

Select A Section

When Could You Claim For A Joint Bank Account Data Breach?

Under the UK General Data Protection Regulation UK GDPR and the Data Protection Act 2018  DPA, banks are responsible for protecting their customer’s personal data. This means that banks must have proper security measures to effectively safeguard the personal data they collect. Moreover, for banks to keep this data safe they could train their employees to handle data correctly and have robust internal policies to protect it.

Under the UK GDPR, banks act as a data controllers.  This means that they decide what data to collect, and why. However, they may pass this data on to a third party known as a data processor. The data controller uses the data processor to process the data on their behalf.

A personal data breach is a security incident that compromises the integrity, availability, or confidentiality of your personal data. Personal data is any information that could be used to identify you, including:

  • Your full name
  • Postal address
  • Phone number
  • Email address

If an organisation’s wrongful conduct has resulted in a personal data breach which in turn has caused you harm, you may be able to claim. Get in touch with our advisors today if a joint bank account data breach has included your personal data.

Financial Sector Data Breach Statistics

The Information Commissioner’s Office (ICO) is an independent public body in the UK tasked with enforcing data protection law. The ICO can fine organisations found to be in breach of legislation, and also provide organisations and businesses with helpful advice and statistics.

According to statistics published by the ICO, in Q4 of 2021/22 the finance, insurance and credit sector suffered:

  • 173 personal data security incidents
  • of which 124 were non-cyber security incidents
  • and 49 were cyber security incidents

What Happens If A Bank Breaches The UK GDPR?

If a bank or their data processor fails to comply with data protection law, causing you harm as a result of a personal data breach, you may be able to claim for compensation. However, you may be wondering what steps you can take following a breach to strengthen this claim.

According to the ICO, any data breach that threatens the rights or freedoms of the data subject must be reported within 72 hours, and the subject must be informed as soon as possible. However, if you believe your joint account data has been breached, but you have not received confirmation, you contact the bank directly. They may be able to provide further information.

However, if the response you receive is not satisfactory, you can make a complaint directly to the ICO. You cannot claim compensation through the ICO, but they may choose to open an investigation into the breach.

Finally, we recommend seeking out legal advice. Our panel of personal data breach solicitors have years of experience and knowledge to help you through your claim. Get in touch today by following the details at the top of the page to learn more.

Examples Of Banking Data Breaches

To claim compensation following a joint bank account data breach, you must be able to prove that:

  • The data breach happened because of the data controller’s or processor’s failure to comply with data protection laws,
  • Your personal data must have been involved in the breach, and,
  • You suffered harm as a result of the breach.

With this in mind, here are some examples of how the wrongful conduct of a data controller or processor could result in a personal data breach:

  • The data controller or processor loses the data. For example, a bank employee may have lost a device containing personal data.
  • The data could be stolen in a phishing or malware attack. However, to claim for this, you must be able to prove that a bank did not have adequate cybersecurity policies in place.
  • A bank may accidentally publish a customer’s debit card or credit card number online.
  • The bank fails to keep up-to-date records, which means that data could be sent to the wrong email address.
  • Or personal information is disclosed without the joint account holder’s consent or another lawful basis to share the information.

To learn more about how a personal data breach could occur, contact our team of advisors today.

Joint Bank Account Data Breach Compensation Examples

If you succeed in claiming compensation for a joint bank account data breach, you can receive up to two heads of claim. These are as follows:

  • Material damage: To compensate you for financial damage as a result of the breach.
  • Non-material damage: To compensate you for psychological injuries or emotional distress as a result of the breach.

The ruling of Vidal-Hall and others v Google Inc [2015] now allows claims for non-material damage without claiming for material damage alongside it.

The table below includes figures taken from the 16th edition Judicial College guidelines, which were updated for 2022. The JCG is a document that often helps legal professionals value illnesses and injuries. The ruling of Gulati & Others v MGN Limited [2015], allows non-material damage to be awarded in line with personal injury claims. 

Mental Health Injury Severity Notes Damages
Mental Harm Severe (A) The person will have a very poor prognosis. They will have problems with parts of their life such as work, education and life in general. £54,830 to £115,730
Mental Harm Moderately Severe (B) Whilst affected by similar injuries to the case above, there is a more positive prognosis. £19,070 to £54,830
Mental Harm Moderate (C) This person may have faced some problems with work, education and life in general. There is a better prognosis. A marked improvement will have been observed. £5,860 to £19,070
Mental Harm Less Severe (D) Factors affecting settlements could include the impact on sleep, length of time the symptoms lasted and type of injury. £1,540 to £5,860
Post-Traumatic Stress Disorder Severe (A) The claimant will be unable to function at the same level as they did before the trauma. All areas of this person’s life could have been affected. £59,860 to £100,670
Post-Traumatic Stress Disorder Moderately Severe (B) There is a better prognosis than in the most severe cases above. The injury could cause the person to be disabled for the foreseeable future. £23,150 to £59,860
Post-Traumatic Stress Disorder Moderate The person will have largely recovered. If there are any effects, these will not be any major disabilities. £8,180 to £23,150
Post-Traumatic Stress Disorder Less Severe Recovery has been or will be made in 1 – 2 years. Only minor symptoms will persist after this. £3,950 to £8,180

The amounts above are only guidelines, and are not guaranteed. For a free estimate of what your claim for a joint bank account data breach could be worth, contact our advisors today.

Learn More About Joint Bank Account Data Breach Claims

To claim for a joint bank account data breach the breach will have needed to involve your personal data this can be your card account number. If you have suffered harm as a result of a personal data breach of your joint bank account information, contact our team today. An advisor can assess your case, and if they find your claim to be valid, they may connect you with a No Win No Fee data protection solicitor from our panel.

What Are The Advantages Of Making A No Win No Fee Claim?

  • Firstly, you do not need to pay your solicitor anything upfront
  • Instead, you will pay a success fee if you win your claim. The success fee will not be paid if you do not win your claim.
  • And the success fee is taken at a capped rate from the compensation payment.

Please read our online guide to making a No Win No Fee claim to learn more. Alternatively, use our contact details below to contact us to see if you are owed compensation.

Learn More About Data Protection Breaches

If you are considering claiming compensation for a data breach of your joint bank account details, you may find these online resources helpful.

Or, for more helpful information:

Thank you for reading our guide to making a joint bank account data breach claim. Contact our advisors today if you have any more questions.