What Is A Joint Bank Account Data Breach Compensation Claim?
Everyone wants security when it comes to their financial information. Luckily, there are legal protections for it as personal data. If a bank or an organisation with access to your personal information does not meet their legal responsibility to keep your personal data secure and you consequently suffer because your personal information is involved in a data breach, you could be eligible to make a claim for compensation against them. This is a guide to what you can do if you have suffered a joint bank account data breach.
This guide will talk about data breaches, explain what appropriate and inappropriate uses of your information are and give you information about whether you are eligible to, and how to make a claim for compensation.
You can also speak to one of our advisers directly. They offer free legal advice and can discuss your situation at length.
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Select A Section
- What Is A Breach Of Joint Bank Account Data?
- Should Banks Report Data Breaches?
- How Could A Joint Bank Account Data Breach Impact You?
- What Can You Do If Your Bank Account Details Have Been Leaked?
- What Compensation Could You Get For A Joint Bank Account Data Breach?
- How To Start A Joint Bank Account Data Breach Claim
Your bank account information is considered your personal information. Any organisation that is provided access to your personal information has a responsibility to safeguard it.
For joint bank account information, this organisation can be:
- A bank
- An organisation with whom the information has been shared (such as an employer requesting your account number for payment details)
Personal information relating to your bank account can include:
- Your address
- Your date of birth
- Information about your spending
Safeguarding does not just mean safely storing personal data but also making sure that it is only used appropriately, lawfully and for valid reasons.
A joint bank account data breach occurs when information from your joint bank account is used in a way that breaches the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. It is when personal data is lost, disclosed, altered, destroyed or accessed without a lawful reason or accidentally.
The responsibility falls on the organisation provided with your bank details to properly secure it. If they fail to do this properly, and this leads to it being compromised, they can be found liable for any harm you suffer as a result.
If you have suffered a personal data breach of your joint bank account details, please speak with one of our advisers for information about making a claim.
Which Banks Have Had A Data Breach?
In 2016, Tesco Bank was subject to a cyberattack. Many accounts were affected and up to £2.26m was stolen.
The bank was subsequently fined £16.4 million in 2018 for failing to protect personal information.
Rates Of Data Breaches Illustrated
The Department for Digital, Culture, Media and Sport (DCMS) carried out a survey in 2020 to assess the cyber security threats faced by businesses and charities in the UK. Of the businesses that responded, 748 self-reported the types of data breaches and attacks they had identified.
9% of the attacks reported by businesses were hacking or attempted hackings of bank accounts.
Banks are not required to report every personal data breach unless they risk the rights and freedoms of data subjects. However, they are expected to assess all breaches for their possible impact.
If they find the breach does risk someone’s rights and freedoms, they are required to inform the person as soon as they can. The breach should also then be reported to the Information Commissioner’s Office (ICO) within 72 hours.
If a serious joint bank account data breach was reported to you, please speak with one of our advisers to see if you could make a claim for compensation.
A primary concern with the exposure of bank account data is the financial impact it could have. There can be concerns that their financial information might be used to steal money from them.
Other impacts it could have include:
- Robbing a person of their privacy: Their spending history or personal address could be revealed.
- Stress: A person could suffer anxiety or stress from a breach, from concerns about what will happen with the exposure of their financial information.
- Replacement of lost items: Certain types of information might need to be replaced if exposed, such as phone numbers, bank account numbers or debit cards.
If you were negatively affected by a joint bank account data breach, please reach out to one of our advisers for information.
The first action you can take after a breach is contacting the organisation responsible. This gives you a chance to see if the breach, and the impact it has caused you, can be rectified.
You should make a complaint in writing, so as to maintain evidence of the correspondence. If their response is inadequate, you could report them to the ICO for the personal data breach before proceeding with a claim.
A data protection solicitor can help you compose the first complaint and, if necessary, help you begin legal proceedings against an organisation for compensation.
Your solicitor can also help you collect evidence for use in a claim. This can be:
- Evidence of the breach, and the role the organisation played in the exposure of your data
- Evidence of the effects the breach has had on you
For free legal information on the actions you can take after a data protection breach, please speak with one of our advisers and potentially start your claim.
You can seek data breach compensation for both financial harm and mental harm.
Compensation for financial losses is sought under material damages. This can address losses such as:
- Theft (if your personal information was used to steal money from you)
- Loss of income (if you were unable to work because of the breach)
- Replacement costs (for anything you were forced to replace due to the breach)
Compensation for mental harm is sought under non-material damages. To show you potential compensation awards, we have included a table of psychological injury figures from the Judicial College Guidelines below. This publication is used by solicitors when valuing claims. We’ve taken figures from the 16th edition, which was produced in April 2022.
|Psychological Damage||Psychological damage affecting a person's ability to go through life or maintain relationships|
|Severe||Severe afflictions with poor outlook for recovery||£54,830 to £115,730|
|Moderately Severe||Heavily affected but a better outlook for recovery||£19,070 to £54,830|
|Moderate||Good improvement showing and outlook for full recovery is positive||£5,860 to £19,070|
|Less Severe||The person could not perform daily activities for a period of time||£1,540 to £5,860|
|PTSD||Heavy mood disorders and disturbed sleep affecting a person's ability to function in life|
|Severe||Severe afflictions with poor outlook for recovery||£59,860 to £100,670|
|Moderately Severe||Heavily affected but a better outlook after receiving professional help||£23,150 to £59,860|
|Moderate||Mostly recovered with few symptoms left||£8,180 to £23,150|
|Less Severe||A full or so recovery made within two years||£3,950 to £8,180|
In previous years, it was not possible to make a mental harm claim without having suffered financial losses. However, following the Court of Appeal case of Vidal-Hall and others v Google Inc  either claim can now be made separately.
Our advisers can offer you a valuation of the compensation you could be awarded in your claim.
You can work with a solicitor to make sure your claim is handled as well as it can be handled.
A No Win No Fee agreement would mean you would not need to pay your solicitor’s legal fees unless your claim was successful and you were awarded compensation.
This means no upfront solicitor’s fee and no ongoing solicitor’s fee. A solicitor would hear your claim, and if they thought they had a high likelihood of winning, take it on, on the condition that they would get a capped percentage of the compensation as their payment.
A No Win No Fee solicitor can help you make your claim. To have your claim valued now, please reach out to an adviser by:
Related Financial Service Data Breach Resources
We’ve included some additional links you might find useful, such as:
ICO: The ICO’s guide to taking your case to court and claiming compensation
Financial Ombudsman Service: To whom you can make complaints about a bank to
Action Fraud: The national fraud & cyber crime reporting centre
Thank you for reading our guide on what to do after suffering a joint bank account data breach. We offer guides on other topics such as:
Please get in touch with our advisers for any help you might need.
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