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Metro Bank Data Breach – Could I Claim Compensation?

In this guide, we aim to explore what steps you could take should there ever be a Metro Bank data breach.

Metro bank data breach

Metro Bank Data Breach – Could I Claim Compensation?

We examine the legislation in place to protect the personal data of UK residents. In addition, we look at what personal data could be involved in a breach, as well as what could be classed as a personal data breach.

As you will see as we move through the guide, data protection legislation gives you, the data subject, the right to make a personal data breach claim if your circumstances meet the criteria.

We also explore how a personal data breach could occur. Following this, we explain how compensation is calculated in personal data breach claims.

You might decide to hire a solicitor to help you start your claim. We conclude this guide by exploring No Win No Fee arrangements and how one of our solicitors could help you. Our advisors are available 24/7 to answer your questions.

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Select A Section

  1. What Could A Metro Bank Data Breach Potentially Be?
  2. How Could Your Banking Data Be Breached?
  3. How Serious Could A Banking Data Breach Be?
  4. Could You Claim If Your Personal Data Was Involved In A Breach?
  5. How Much Could I Claim For A Potential Metro Bank Data Breach?
  6. For Advice Should A Metro Bank Data Breach Occur Call Our Team

What Could A Metro Bank Data Breach Potentially Be?

To help protect your personal data, the UK has two key pieces of legislation in place. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Under this legislation, data subjects are given more rights over their personal data. This legislation also holds data controllers and processors liable should they fail to comply. The data controller is typically an organisation that determines the means and purpose of processing data, where the processor acts on the controller’s behalf.

You may experience financial and/or emotional harm, such as post-traumatic stress disorder (PTSD), if your personal data has been compromised. A valid personal data breach compensation claim, however, must meet specific criteria set out by the UK GDPR.

You must be able to prove:

  • The data controller failed to adhere to legislation, causing the breach
  • The breach includes your personal data
  • You suffered either financial or psychological harm as a result

The Information Commissioner’s Office (ICO), an independent public body for upholding data rights, describes a personal data breach as a security incident that compromises the availability, integrity, or confidentiality of your personal data.

Data protection legislation, as mentioned above, seeks to protect personal data and a type of personal data known as special category data. Personal data is any information that can identify you, such as your name, address and telephone number, as well as your credit and debit card information.

Our advisors can provide free legal advice should a potential Metro Bank data breach occur and it affects your personal data. 

How Could Your Banking Data Be Breached?

You may be wondering how your personal data could be lost or compromised in a personal data breach. One common cause of personal data breaches is human error. For example, an employee may send a letter containing personal data to the wrong postal address. Or, they could send an email containing personal data to the wrong email address.

A cyberattack can also cause a personal data breach, allowing criminals access to information such as your bank account number and sort code.

You can only claim for a cyberattack or a personal data breach caused by human error if an organisation’s failings allowed it to occur. For example, if they did not have legislation-compliant cybersecurity systems or did not train staff who had access to personal data on data awareness. If a data controller has complied with data protection legislation, but a breach occurs anyway, then a claim is not likely.

Our advisors can provide free legal advice should a potential Metro Bank data breach occur.

How Serious Could A Banking Data Breach Be?

A personal data breach can have a serious effect on your life. You may suffer psychological injuries following a banking data breach, such as anxiety, depression, or stress. Or you may suffer financial losses.

If a data breach occurs that affects your rights or your freedoms, you, as the data subject, must be informed by the data controller without undue delay. You can also contact the organisation to ask for more information. This can help you establish how serious the breach was.

Should you have any questions about a potential Metro Bank data breach, contact our advisors. 

Could You Claim If Your Personal Data Was Involved In A Breach?

You could possibly make a bank data breach claim in line with Article 82 of the UK GDPR. As mentioned already, in order to make a claim, specific criteria apply. 

You must be able to prove that the breach includes your personal data. For example, you may receive a notification letter from the organisation responsible, which you could use as evidence.

In addition, you must prove that the organisation responsible failed to adhere to data protection laws, and this led to the breach.

You must prove a data breach occurred that involved personal data. For example, the organisation may fail to use the BCC in a batch email. This would expose your email address to fellow recipients.

Finally, you must suffer either financial harm or psychological harm, or both. There are a variety of ways you can prove this: for example, a bank statement that shows illegal charges on your credit card. Or a copy of your credit report showing damage. Medical records can also help strengthen your claim if you receive treatment for psychological harm.

Our advisors can discuss what evidence could support a data breach claim. Get in touch today to learn more.

How Much Could I Claim For A Potential Metro Bank Data Breach?

For successful personal data breach claims, your settlement could be made up of two heads. Material damage compensates for financial losses. Non-material damage compensates for mental health injuries such as anxiety

To help assess the value of injury and illness claims, legal professionals use the Judicial College Guidelines (JCG). It provides a list of different injuries alongside compensation brackets. Data breach solicitors generally use this document to help them value non-material damage settlements. You can find some examples of these figures below.

Edit
Injury Severity Potential Compensation Notes
Psychological injury Severe (a) £54,830 to £115,730 The claimant experiences an inability to cope with life and relationships. The prognosis is very poor.
Psychological Injury Moderately severe (b) £19,070 to £54,830 The claimant experiences an inability to cope with life and relationships. However, the prognosis is more optimistic.
Psychological Injury Moderate (c) £5,860 to £19,070 Psychiatric harm causes problems in life and in personal relationships, but symptoms show improvement and the prognosis is good.
Psychological Injury Less severe (d) £1,540 to £5,860 Daily activities and sleep may be impacted due to a period of disability.
PTSD Severe (a) £59,860 to £100,670 The claimant won’t be able to function at pre-trauma levels. It impacts all areas of life, including employability.
PTSD Moderately severe (b) £23,150 to £59,860 The claimant experiences significant disabilities for the foreseeable future. With professional help, some recovery is possible.
PTSD Moderate (c) £8,180 to £23,150 The claimant may continue to experience some symptoms that aren’t grossly disabling after a recovery has largely taken place.
PTSD Less severe (d) £3,950 to £8,180 The claimant makes virtually a full recovery, however, some minor symptoms persist beyond 1-2 years.

In general, you will have six years to start your personal data breach compensation claim. However, you may wish to claim against a public body. In this case, the time limit falls to one year.

Please note that the figures in the table above are guideline figures only. For a free consultation and evaluation of your claim, contact our team.

For Advice, Should A Metro Bank Data Breach Occur, Call Our Team

Our solicitors provide legal representation using Conditional Fee Agreements (CFA). Under a No Win No Fee arrangement such as this, there are generally no ongoing costs or upfront fees to pay to your solicitor. If your case succeeds, then your solicitor receives a success fee. This is a legally-capped percentage of your compensation. But, if your claim is unsuccessful, then you do not pay this fee. 

Our advisors can give you a free evaluation of your case. If they find your claim is viable, they may connect you with one of our data breach solicitors. To learn more:

Related Data Breach Resources 

The following links might be helpful:

Further guides:

For more information on the steps you could potentially take should a Metro Bank data breach occur, get in touch today.

Written by Brown

Edited by Hampton

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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