Co-operative Bank Data Breach – Can I Claim Compensation?
You may wonder how your personal data could be affected if a Co-operative Bank data breach were to occur. As we move through this guide, we will explain the different types of personal data covered by data protection laws and the effects you could suffer should this information be breached.
Co-operative Bank Data Breach – Can I Claim Compensation?
The two pieces of legislation governing personal data protection are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). These pieces of legislation outline rules that data controllers and processors must adhere to when handling personal data. Data controllers have overall control of the means and purposes of processing personal data, and processors act on their instructions.
Continue reading to learn more about personal data breach compensation claims. You can also get in touch with our team at Legal Expert for free legal advice tailored to your claim. Our advisors are available 24 hours a day, 7 days a week, so you can contact us at a time that best suits you.
Please get in touch with us today to begin your claim. To do this, you can:
- Call us on 0800 073 8804
- Fill out our form to claim online
- Speak to an advisor through the live support feature on this page
Select A Section
- Co-operative Bank Data Breach – Can I Claim Compensation?
- Types Of Personal Data Protected By The UK GDPR
- What Could Cause A Bank Data Breach?
- What Effects Could I Suffer If A Co-operative Bank Data Breach Were To Occur?
- Calculating Compenation For A Personal Data Breach
- Talk To Our Team Should A Co-operative Bank Data Breach Take Place
Co-operative Bank Data Breach – Can I Claim Compensation?
The Information Commissioner’s Office (ICO) is an independent body operating in the UK to uphold information rights. They provide a useful definition of a personal data breach:
- A breach of security that leads to accidental or unlawful alteration, destruction, loss, unauthorised access to or disclosure of personal data.
You could be affected by a personal data breach as an employee at a bank or as a customer. It is important to note that not all data breach incidents will result in a compensation claim. To pursue data breach compensation, the following criteria must be true for your case:
- Firstly, failings on the part of the data controller or processor to comply with data protection laws caused a breach to occur.
- Secondly, this data breach involves your personal data.
- Finally, as a result, you have suffered psychiatric injuries or financial harm.
Find out how often data security incidents happen in the following section.
How Frequent Are Data Security Incidents?
Data controllers must report a personal data breach to the ICO within 72 hours of discovery if it puts the rights and freedoms of data subjects at risk.
The ICO collate data security incident trends and publish these statistics on thier website. In the finance, insurance and credit sector, there were:
- 3,082 data security incidents reported between Qtr 2 of 2019 and Qtr 2 of 2022.
- Of these, 2,252 were non-cyber incidents
- and 830 were cyber incidents.
Should a Co-operative Bank data breach occur and involve your personal data, causing you to suffer mentally or financially, please contact a member of our team for advice.
Types Of Personal Data Protected By The UK GDPR
The ICO explains that personal data is information that can be used to identify you. Under the UK GDPR, the following personal data is protected:
- Name
- Home Address
- Date of birth
- Email address
- Phone number
- Debit card
- Credit card
- Passwords
In addition, the UK GDPR defines certain sensitive personal data as special category data. This is information that requires extra protection. Examples of special category data include personal information relating to your:
- Racial or ethnic origin
- Political opinions
- Trade Union membership
- Genetic data
- Philosophical or religious beliefs
Please speak to one of our advisors to receive expert legal advice on whether you could have valid grounds to make a personal data breach claim.
What Could Cause A Bank Data Breach?
There are various causes that could lead to a breach of personal data that a bank is handling. For example, it could be caused by human error or deliberate action.
Below are some examples of incidents that could cause a bank data breach:
- An employee sends an email containing personal data to the wrong email address.
- An employee sends a letter containing personal information to the incorrect address.
- A cyber attack on a bank’s online database enables criminals to steal personal information. This could happen if the bank has an inadequate cybersecurity system.
- A device containing personal data is lost or stolen from a bank as it was not stored in a secure location.
What Effects Could I Suffer Should A Co-operative Bank Data Breach Occur?
There are two main areas that could be impacted after a personal data breach;
- Psychiatric injuries – You could suffer from emotional distress, anxiety, post-traumatic stress disorder (PTSD) and stress due to a data breach.
- Financial losses – You could suffer from financial losses as a direct result of the personal data breach. A criminal could use your information to commit identity theft or steal money from your bank account. Additionally, you could suffer monetary losses as a psychiatric injury could cause you to be unable to work, causing a loss of income.
In the following section, we will explain how compensation for these harmful effects are calculated for a personal data breach claim.
Calculating Compensation For A Personal Data Breach
When pursuing compensation for a personal data breach, you may wonder how much you can claim. A data breach settlement can include a payout for up to two potential types of damage:
- Material damage – the financial losses you suffered due to the personal data breach. You must provide evidence to prove the material damage you have experienced; this can include bank records and payslips.
- Non-material damage – the psychiatric injuries you suffered as a result of the personal data breach.
We have provided the table below as a guide to potential compensation brackets for non-material damage. To create this table, we have used the 16th edition Judicial College Guidelines (JCG), updated for 2022. Legal professionals can also use the JCG to help them value data breach settlement amounts.
| Injury | Potential Compensation Brackets | Notes on the Injury |
|---|---|---|
| Psychiatric Injury – Severe (a) | £54,830 to £115,730 | The person who has been injured will have marked problems with their ability to cope with work, education and daily life. They will have been given a very poor prognosis. |
| Psychiatric Injury – Moderately Severe (b) | £19,070 to £54,830 | Whilst the person will suffer significant problems in similar areas as the bracket above, they will have been given a much more optimistic prognosis. |
| Psychiatric Injury – Moderate (c) | £5,860 to £19,070 | The person will suffer similar problems with their ability to cope with daily life but they will make a marked improvement by trial and they will have been given a good prognosis. |
| Psychiatric Injury – Less Severe (d) | £1,540 to £5,860 | Factors affecting the amount of compensation awarded within this bracket include the extent that the person’s sleep and daily activities were affected and how long the period of disability lasted. |
| Post-Traumatic Stress Disorder – Severe (a) | £59,860 to £100,670 | Effects in these cases will be permanent and will mean the person is unable to function in the way they did pre-trauma. All aspects of their life will be negatively affected. |
| Post-Traumatic Stress Disorder – Moderately Severe (b) | £23,150 to £59,860 | This bracket differs from the one above as there will be a better prognosis of some recovery with the assistance of a professional. |
| Post-Traumatic Stress Disorder – Moderate (c) | £8,180 to £23,150 | The person will have undergone a large degree of recovery and any remaining effects won’t be grossly disabling. |
| Post-Traumatic Stress Disorder – Less Severe (d) | £3,950 to £8,180 | A virtually full recovery will occur between 1 and 2 years. Only minor symptoms may continue. |
The figures in this table are a guide; they are not an exact representation of what you will receive.
Talk To Our Team Should A Co-operative Bank Data Breach Take Place
Contact Legal Expert if you have experienced financial or mental harm following a personal data breach caused by an orgsnaitions failings. If our team of advisors find that you may have valid grounds to make a claim, they could connect you with one of our experienced data breach solicitors. They may offer to work on your claim under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
This type of agreement generally provides the following benefits:
- No upfront or ongoing fees for the services of a solicitor.
- No payments for a solicitor’s services should your claim be unsuccessful.
- If a claim is successful, the No Win No Fee solicitor working on the case can take a small percentage of the compensation. The law limits this amount, which can also be referred to as a success fee. Therefore, a solicitor under a CFA will not overcharge you.
To speak to a member of our team if a Co-operative Bank data breach occurs and affects your personal information, please:
- Call our claims helpline on 0800 073 8804
- Fill out our form to claim online
- Speak to an advisor through the live support feature on this page
Data Breach Compensation Claim Resources n
Take a look at more of the guides on our website:
- My Banking Details Were Breached – Can I Claim Compensation?
- Tax Information Data Breach Compensation Claims
Also, explore the external sources below for more information:
- GOV.UK – Data protection
- ICO – Make a complaint
- ICO – Online safety
Thank you for reading this guide to the steps you could take should a Co-operative Bank data breach occur and compromise your personal data.
