Could I Make A Claim If There Was A NatWest Data Breach?
What could be data breach claims against NatWest – compensation guide?
This guide look at what steps you could take should there ever be a NatWest data breach. Learn about what could constitute a bank data breach in this guide.
Explore how personal data could be leaked. Learn what exactly constitutes a data breach with examples. In addition, we look at personal data and the protection it is given by legislation. Also we look at how personally sensitive information such as special category data needs extra protection.
To conclude this guide we shall explore the option of No Win No Fee solicitors that provide their service through Conditional Fee Agreements and how these could benefit your bank data breach compensation claims.
Our advisors can discuss the consequences of experiencing a data breach with you. Contact us with your evidence today:
- Call 0800 073 8804
- Start your claim online
- Use the live chat
Select A Section
- What Could Be A NatWest Data Breach?
- Types Of Financial Data Your Bank May Hold
- Errors Which Could Cause A Data Breach
- What Effect Could A Potential NatWest Data Breach Have On You?
- Calculating Data Breach Claims
- Could I Use A No Win No Fee Solicitor Should A NatWest Data Breach Occur?
What Could Be A NatWest Data Breach?
There are two main pieces of legislation in this country that aim to protect your personal data, give data subjects more rights over the processing of personal information and hold data controllers liable when personal information is breached due to their failure to adhere to data protection laws, these are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. A personal data breach generally comes after a security incident that has affected the availability, integrity or confidentiality of personal data.
To be eligible to make a personal data breach claim your case must meet specific criteria. First, you must prove that the data controller, usually an organisation, such as a bank, that says how and why personal data will be processed, failed in its legal obligation to comply with data protection laws. Secondly, you must demonstrate that personal data was involved in a breach. And thirdly you must have suffered as a direct consequence of the personal data breach.
Banking And Financial Service Data Security Incident Statistics
Data security incident trends are monitored by the Information Commissioner’s Office (ICO). The ICO are a non-departmental public body. The fourth financial quarter of 2021/22 saw a total of 173 data security incidents in the finance, insurance and credit sector. Below we have a graph that looks at non-cyber data security incidents for this quarter reported by the financial, insurance and credit sector.
Financial, insurance and credit sector data security incidents
Types Of Financial Data Your Bank May Hold
Data protection laws in this country seek to protect personal information and sensitive data that is classed as special category. The latter requires more protection because of the nature of this data.
What is personal data?
- Your name
- Address
- Email address
- Phone number
- Debit and credit card information
What is sensitive data?
- Racial or ethnic origin data
- Political choices
- Religious beliefs
- Trade union status
- Genetic data and biometric data
- Health data
- Sex life and sexual orientation information
If a NatWest data breach was to occur you may wonder what type of information could be affected. When a data breach occurs that affects your rights, the data subject, you must be informed of this without undue delay. You can then ask what has happened, what information was included and what will be done to put this right.
Errors Which Could Cause A Data Breach
Human error data breaches are by far more common than those caused by cybercriminals or issues with online data. To prevent data breaches it is vital that organisations put data protection laws at the forefront of data security. This will mean training staff on UK GDPR compliance, ensuring that data security policies are in play in all aspects of data processing and keeping their online systems safe with updated cyber security defences.
Banks hold crucial financial information about their clients. Lots of the information and data they process can and will be considered personal data. If a bank were to suffer a data breach it may mean lots of protected data being exposed. When financial information is leaked or breached it allows criminals access to vital information that could cause the client financial losses as well as mental harm.
Our advisors can provide free legal advice to you should a NatWest data breach occur that affects your information.
What Effect Could A Potential NatWest Data Breach Have On You?
Data protection laws such as the UK GDPR make it possible for data subjects that have their personal data involved in a breach the opportunity to make a personal data breach claim.
As stated before your case must meet specific criteria in order to be eligible to make a data breach compensation claim. However, if your personal data breach claim is successful you can ask for two types of damages to be repaid through compensation.
Firstly you can be compensated through material damages for any financial losses associated with the data breach. If your account was hacked because your sort code and account number, were exposed you can ask for any moneys stolen to be repaid.
Secondly, if the data breach has caused you stress, through non-material damages, you can ask to be compensated for the impact the data breach has had on your mental health.
You can discuss a data breach claim with our advisors 24 hours each day, 7 days per week.
Calculating Data Breach Claims
You might like to know how data breach compensation is calculated. The Vidal-Hall and others v Google Inc (2015) Court of Appeal ruling set a precedent and has potentially changed how data breach compensation can be sought. Before the ruling, the claimant needed to be eligible to claim for financial losses in order to make a claim for any menal harm caused. However, in this case, it was decided that mental harm could be claimed for when no claim was being made for financial losses.
Material Damages
You will need proof of any financial losses in order to claim for material damages. This can include bank statements, receipts or invoices.
Non-Material Damages
If you experience a psychological injury due to a data breach, you could receive compensation. As part of your claim, you might need to attend a medical assessment with an independent medical professional. This will allow for a better understanding of the extent of your psychological harm.
When legal professionals assess the value of personal injury claims, they use the Judicial College Guidelines (JCG). The JCG is a document containing a list of injuries alongside their potential compensation bracket. Data breach solicitors will use the same document to assess your emotional harm.
Included in the table below are psychological injuries from the 16th edition, published in April 2022.
| Injury | Potential Compensation | Notes |
|---|---|---|
| Post traumatic stress disorder (PTSD) (a) | £59,860 to £100,670 | Severe – A permanent inability to return to pre-trauma functioning. The severity of the symptoms impact all areas of life. |
| Psychological Injury (a) | £54,830 to £115,730 | This is a severe injury coming with a very poor prognosis. The claimant will be unable to cope with life and personal relationships. |
| Post traumatic stress disorder (b) | £23,150 to £59,860 | Moderately severe PTSD symptoms resulting in significant disability lasting into the foreseeable future. There will be some level of recovery with professional help. |
| Psychological injury (b) | £19,070 to £54,830 | This is a moderately severe emotional injury, but it has an optimistic prognosis. A person’s ability to cope with life and personal relationships is impacted. |
| Post traumatic stress disorder (c) | £8,180 to £23,150 | A recovery from moderate symptoms has largely taken place. Claimants may continue to experience some symptoms that are not grossly disabling. |
| Psychological injury (c) | £5,860 to £19,070 | A moderate mental health injury that will improve overtime. |
| Post traumatic stress disorder (d) | £3,950 to £8,180 | Less severe – There’s been a virtual recovery from PTSD, however there could be some minor lingering symptoms. |
| Psychological injury (d) | £1,540 to £5,860 | A time of disability occurs, such as impacting daily activities or sleep from a less severe psychological injury. |
Contact our advisors should you have any questions about how damages are awarded in data breach claims.
Could I Use A No Win No Fee Solicitor Should A NatWest Data Breach Occur?
Hiring an experienced data breach solicitor could ensure that your claim is filed in full, as once a case is settled you can never go back and ask for losses or injuries that have only just been discovered.
A No Win No Fee solicitor could provide their services under a Conditional Fee Agreement (CFA). What this means is that your solicitor will not charge you a solicitor’s fee upfront. They will take a success fee from your award if your claim is successful. Legal caps apply. If your claim is unsuccessful, you will not pay a success fee.
If a NatWest data breach should occur and you need any advice, contact our data breach claims team. They can offer free legal advice and provide information on the steps that you could take.
Contact us:
- Call 0800 073 8804
- Start your claim online
- Use the live chat
Resources For Data Breach Claims
Links you might find useful:
Further guides:
