Joint Bank Account Data Breach Claims Calculator
Can you claim for a joint bank account data breach? What do you do when security systems or staff error in a financial institution fails? Can you be compensated if cybercriminals are able to access the personal banking details of you or your partner and steal funds from your joint bank account?
We hope that banks will keep our information safe. But data breaches can happen easily if the legal requirements to keep it safe are not applied. In this guide, we define exactly what constitutes a data breach. We look at what you and your partner can do to be compensated for both your financial losses and the anguish caused if your financial information is breached due to failures to comply with the UK General Data Protection Regulation and Data Protection Act 2018
You can discuss your bank data breach suspicion in complete confidence with a member of our team right now if you would prefer. Simply:
- Call our team on 0800 073 8804
- Contact us and request a call back
- Or use the ‘live support’ option at the bottom of this screen
Select A Section
- What Is A Joint Bank Account Data Breach?
- Types Of Financial Data
- Examples Of Financial Sector Data Breaches
- How To Claim For A Joint Bank Account Data Breach
- Joint Bank Account Data Breach Compensation Calculator
- Start A Claim For A Joint Bank Account Data Breach
A joint bank account data breach can be when personal information that relates to your financial dealings is involved in a security incident either by being:
- Shared without authorisation or lawful basis.
Breaches can make it easier for criminals to commit fraud and identity theft. The data breach can be an accidental human error or a deliberately negligent act or the result of outside cybercriminals who have managed to infiltrate the bank’s security defences.
The Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) describe detailed procedures that all organisations and businesses must follow if they process personal data. This is to ensure that errors with data are kept to an absolute minimum and that the data rights of a data subject are as protected as much as possible.
In order to uphold a claim for a personal data breach, it is necessary to show that there was ‘positive wrongful conduct’ on the part of the data controller – those organisations that say why and how data is processed or data processors.
An independent body called the Information Commissioner’s Office (ICO) is set up to uphold information rights. It has the power to issue fines against any data controller that fails to adhere to good data practices as identified in ‘7 Core Principles’.
Banks and building societies need to retain a great deal of personal information about us. We provide this information on the trust and understanding that they have the required procedures in place to protect it. Some examples of this data include:
- Our name and address
- Date of birth
- Martial status
- Details about spouse or dependants
- Email address and mobile phone numbers
- Employment status and details about salary
- Passport and other ID proof
- Credit card and debit card details
Banks may need to retain copies of these items and share them across their own internal departments. Each time an employee encounters your personal information they are bound by UK GDPR law to take personal accountability for the way it is handled.
The ICO gives a detailed record of enforcement action taken against organisations and businesses for data breach issues or mishandling of personal information. Financial services feature heavily and some recent examples include:
- Finance Giant Ltd sent nearly 506,000 unsolicited marketing messages to subscribers.
- Saga Personal Finance was fined £75,000 for sending 28,523,745 unsolicited direct marketing messages which contained material that subscribers had not provided valid consent for.
- American Express Services Europe Limited – From 1 June 2018 to 31 May 2019, a confirmed total of 4,098,841 direct marketing messages were sent to clients. Those messages had marketing material that subscribers did not provide consent for.
Cyber Security Data Breach Statistics
Statistics from the cyber data breaches and attacks survey offer an insight into the data security issues. The survey included 1,419 businesses: 741 micro firms, 265 small firms, 210 medium firms, 203 large firms and 487 charities.
You or your partner may have a concern that a bank has not handled your personal information with the lawfulness and protection required by UK GDPR. If so, you can start to assemble proof of this for a joint bank account data breach claim.
Requesting and assembling the relevant proof can be complex. Although you are able to do this yourself, the help of a legal professional with data breach experience can be vital. Speak with our team for help on this if you wish. Steps to take when beginning your joint bank account data breach claim include:
- Complaining to your bank directly
- Raising a complaint with the ICO no later than three months from the last meaningful contact with the bank on the matter. After this time the ICO may consider the matter resolved.
- Starting to assemble proof of damage to either your finances or health.
- Retaining receipts or bills that demonstrate your efforts to cope with the data breach consequences.
Any significant breach in personal data needs to be reported by the data controller to the ICO within 72 hours of discovery. They may or may not investigate. Furthermore, the ICO does not pay compensation to you, but you can complain to them directly about your bank if you discover a problem and wish to involve them. Their involvement can add much-needed support to your complaint.
If you can prove that your bank mishandled personal information in a way that damaged you, speak to our team.
After a Court of Appeal case Vidal-Hall v Google, it was recognised that it is possible to suffer emotional anguish after a data breach, irrespective of whether you suffered financial loss. The two are no longer necessarily connected in a claim for damages and you are now able to seek either one or both.
With this in mind, it is still essential to have evidence that proves the emotional and financial damages. Non-material damages relate to the stress or anxiety the data breach caused you and how it damaged your health.
They can therefore be monetarily assessed using the same tool used for other personal injury compensation claims called the Judicial College Guidelines. An example of their award brackets for mental distress shows:
|Psychiatric Harm Severity||JC Guideline Brackets||Supporting Notes|
|Psychiatric Harm - (a) that is severe in nature||£51,460 to £108,620||Extensive mental health issues with very poor future prognosis|
|(b) Moderate to severe in nature||£17,900 to £51,460||Less acute than the bracket above, but still significant with ongoing coping problems|
|(c) Moderate in nature||£5,500 to £17,900||A better prognosis that show a marked improvement over time|
|(d) Less Severe in nature||Up to £5,500||Takes into account length of condition, and extent to which daily activities are impacted|
|Post-Traumatic Stress Disorder (PTSD) - (a) Severe in nature||£56,180 to £94,470||Permanent impact that prevents the person from resuming a normal life|
|(b) Moderately Severe in nature||£21,730 to £56,180||A better prognosis than above after professional intervention but disability remaining for foreseeable future|
|(c) Moderate in nature||£7,680 to £21,730||Overall a good recovery with ongoing disability being minor|
|(d) Less Severe in nature||Up to £7,680||A full recovery within 12 - 24 months and a persistence of only mild symptoms|
These are not certain awards, merely guidelines. However, if you or your partner can demonstrate mental health suffering to a similar level because of the data breach, you could apply for a similar amount in damages.
Material damages are the actual financial losses that you suffered. This can be either from the joint bank account data breach itself or your need to spend money trying to deal with it. For example, in a severe case, you may have needed to completely relocate. Or put your children in another school due to the invasion of privacy. Retain all proof of costs as these could form part of your total compensation award.
At Legal Expert, we can provide No Win No Fee data breach solicitors. This affords you several instant advantages:
- No fees are needed upfront to retain a No Win No Fee solicitor
- A successful claim requires only a maximum 25% fee to be paid from any settlement to cover the success fee
- If the claim fails there is no success fee to pay.
Data breach cases can be complex. Assembling the right proof to show the bank was at fault can also be time demanding. Whilst anyone is free to represent themselves in data breach claims against a bank, it is worth considering the ease and convenience a professional can bring to your case. If you would like to learn more, please get in touch by:
- Calling our team on 0800 073 8804
- Or contact us and request a call back
- Alternatively, use the ‘live support’ option at the bottom of this screen
Financial Data Protection Breach Resources
In addition to joint bank account data breach topics, the following resources offer more reading on the subject:
- More details on bank data breach compensation claims
- Some FAQ’S on data breach compensation
- More information on data breach No Win No Fee solicitors
- Help from the National Cyber Security Centre to stay safe online at home
- As well as this, further reading about cyber security from the Government
- In conclusion, ICO offers statistics on data security incidents.