Tandem Money Data Protection Breach – Could I Claim Compensation?
This guide will examine what, if anything, you could need to do should a potential Tandem Money data protection breach ever occur. In this article, we will discuss what a data protection breach is and how one could affect your personal data.
Tandem Money Data Protection Breach – Could I Claim Compensation?
We will also discuss the legislation in place to protect your personal data. This legislation also sets out the criteria that need to be met in order to be eligible to make a personal data breach claim.
You may be wondering how much compensation you could receive should you make a successful personal data breach claim. This article will provide guideline compensation brackets and their reflective injury category, which have been taken from the Judicial College Guidelines (JCG). This is a document often used by legal professionals when valuing injuries and illnesses.
Finally, we will discuss No Win No Fee arrangements and how they can help you. Our advisors are available to provide free legal advice and answer any questions you might have. They may even put you through to our expert solicitors. Talk to our advisors today by:
- Calling us on 0800 073 8804
- Starting your claim online
- Using the live chat feature
Select A Section
- What Could Be A Tandem Money Data Protection Breach?
- If A Tandem Money Data Protection Breach Occurred, Will This Affect My Data?
- Types Of Human Error Leading To Data Breaches
- Distress And Other Effects Of Data Breaches
- Calculating Damages For A Personal Data Breach
- Can No Win No Fee Data Breach Solicitors Help Me?
What Could Be A Tandem Money Data Protection Breach?
Data protection laws such as the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) have made data processing much more secure and allowed you, the data subject, much more rights over your data. These are the two main pieces of legislation in place protecting the personal data of UK residents.
A data protection breach can mean an organisation may have failed in their obligation to comply with these said laws. However, a personal data breach occurs when a security incident causes the integrity, availability, or confidentiality of your personal data to be compromised.
Under article 82 of the UK GDPR, a data subject has the right to claim compensation against those in control of their data if their case meets the required criteria. Below we look at the two main entities of those who would be in charge of your personal data:
- Data controllers – The original collector of your data, such as a bank, who say which data will be processed and how.
- Data processors – These are independent of the data controller. The controller can either opt to process the personal data themselves or outsource it to a data processor.
The eligibility criteria for making a personal data breach claim are as follows;
- A data controller or processor failed in its legal obligation to correctly protect your personal data.
- A data breach occurred that involved your personal data, and
- Because of the breach, you suffered harm. This can be financial losses and/or mental injury.
Statistics On Financial, Insurance and Credit Sector Data Security Incidents
According to the Information Commissioner’s Office (ICO) data security incident trends, there were 9,743 incidents reported in 2021, with 7,274 of these categorised as non-cyber incidents in comparison to the 2,249 incidents classed as cyber-related. In the finance, insurance and credit sectors alone, there were 880 incidents, with 553 of these incidents falling into the non-cyber category and 327 falling into the cyber category.
To find out if your bank data breach claim could be valid, get in touch with our team.
If A Tandem Money Data Protection Breach Occurred, Will This Affect My Data?
Personal and personal data considered sensitive in nature are protected under data protection laws. Personal data is any information that can identify you, from your email and home addresses to your date of birth and your name. The personal information banks can process includes:
- Credit Card information
- Debit Card information
- Sort Code
- Bank account Number
- Home address
- Email address
- Phone number
Banks also collect special category data. This is a kind of personal data that requires extra protection due to its sensitive nature. Some examples of special category data your bank may handle can include:
- Trade union membership status
- Your sexuality
- Biometric data
Our advisors can advise if you need to take any steps should a potential Tandem Money data protection breach occur.
Types Of Human Error Leading To Data Breaches
If a data controller has complied completely with data protection laws, but they are involved in a data breach anyhow that has affected your personal data, it is unlikely that you would have a valid claim. Those in charge of your data must be responsible for the data breach in order for you to be eligible to make a personal data breach claim.
Human error is a common cause of personal data breaches. Some examples of how human error could contribute to a data breach include:
- Misdelivery of personal data: For example, an employee could send an email or letter containing personal data to the wrong address. Similarly, they may send a fax to the wrong person.
- Verbal disclosure: Cases of accidental verbal disclosure may fall under human error. For example, an employee may reveal personal data over the phone to an unauthorised party without first asking appropriate security questions or carrying out security checks.
- Lost devices: In this case, devices such as USB sticks, hard drives, and mobile phones that contain personal data may be lost. This could allow unauthorised parties access to the personal data stored on these devices.
Contact our advisors should a potential Tandem Money data protection breach occur, and your personal data is involved. They may be able to tell you what steps you could take next.
Distress And Other Effects Of Data Breaches
Personal data breaches can cause significant psychological harm, as well as financial harm. For example, the stress of a personal data breach can lead to anxiety, depression, and post-traumatic stress disorder (PTSD).
You may also suffer financial losses following a personal data breach. For example, if criminals gain access to your bank details, this could allow them to steal money from your account and take loans out in your name. This, in turn, can lead to damage to your credit score and significant debts.
If you have suffered harm as a result of a personal data breach, contact our team today.
Calculating Damages For A Personal Data Breach
If your bank data breach claim succeeds, you may be entitled to receive compensation for two types of damages, which include:
- Material damage: The financial losses you suffer due to the breach. For example, it may lead to theft, identity fraud, and subsequent fraudulent loan applications.
- Non-material damage: The psychological injuries that result from the breach, developing mental health issues like anxiety, stress, and depression.
The amount you are eligible to receive in non-material damage depends on a number of factors. The Judicial College Guidelines (JCG) 16th edition establishes potential payout brackets for mental health injuries as shown below:
| Injury | Compensation | Notes |
|---|---|---|
| Severe psychiatric illness | £54,830 – £115,730 | Marked issues coping with education, work, and relationships. A very poor prognosis. |
| Moderately severe psychiatric illness | £19,070 – £54,830 | Significant problems still exist regarding the above factors, but the prognosis has improved. |
| Moderate psychiatric illness | £5,860 – £19,070 | Symptoms show a significant improvement by the time of trial, leading to a good prognosis. |
| Less severe psychiatric illness | £1,540 – £5,860 | The length of the disability period and its effect on life are taken into consideration when awarding compensation. |
| Anxiety and Stress (Severe) | £59,860 – £100,670 | Permanent and severe effects affect the ability to work or function at the level they would have pre-trauma. |
| Anxiety and Stress (Moderately severe) | £23,150 – £59,860 | A better prognosis due to the chance for some recovery through professional help. |
| Anxiety and Stress (Moderate) |
£8,180 – £23,150 | A large recovery with no remaining symptoms being grossly disabling. |
| Anxiety and Stress (Less severe) | £3,950 – £8,180 | Within a two-year time span, the injured person has made an almost complete recovery, with only minor symptoms remaining. |
These figures are guideline amounts, and the actual amount you could receive from a successful claim may vary. For a free consultation, contact our team of advisors today.
Can No Win No Fee Data Breach Solicitors Help Me?
Starting a personal data breach claim can seem daunting. However, if you wanted the help of a solicitor under a No Win No Fee Agreement, you could opt to work with us. On the basis of a Conditional Fee Agreement (CFA), our solicitors may be able to guide you through the process with no upfront fees or ongoing costs.
Generally, under a CFA, you only pay a fee to your solicitor if your claim succeeds. This success fee is a percentage of your compensation with a legal cap. If your claim does not go on to succeed, then you do not pay this fee.
Our advisors can provide a free evaluation of your claim, and if they find it to be viable, they may connect you with a No Win No Fee solicitor. Get in touch today to learn more by:
- Calling us on 0800 073 8804
- Starting your claim online
- Using the live chat feature
Resources
Please take a moment to read our other data breach articles:
- HR Data Breach Claims
- Joint Bank Account Data Breach Claims Calculator
- Accountant Data Breach Compensation Claims
Or look at the informative external links provided:
To find out if you need to take any steps should a potential Tandem Money data protection breach occur, contact our advisors.
Written by Eaton
Edited by Hampton
