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Lloyds Bank Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Lloyds Bank Data Breach

How To Make A Data Breach Claim Against Lloyds Bank

By Stephen Chambers. Last Updated 27th August 2021. Welcome to our guide to Lloyds Bank data breach claims. Here we’ll address queries you may have about Lloyds Bank data protection, such as those along the lines of ‘data subject access request Lloyds Bank’.

With more of our data being held by companies we use online, you would expect there to be robust procedures in place, particularly with banks, to ensure that your personal data is not breached. Especially as GDPR and data protection laws have been put in place to protect your personal data. But if you have been the victim of a Lloyds Bank data breach, you’ll know only too well that this is not always the case. If indeed you can prove that you’ve suffered harm because of a Lloyds Bank data protection breach, you could have cause to launch a claim against them for data breach compensation.

Lloyds Bank data breach claims guide

Lloyds Bank data breach claims

This guide has been compiled to give you some important information about making data breach claims against Lloyds Bank. It explains the laws that govern data protection and the role of the Information Commissioner’s Office in enforcing these laws.

It also contains useful information regarding data breach claims and what you could claim for if you’re making a data breach claim against Lloyds Group Banking Plc.

We also show how our experienced data breach solicitors at Legal Expert could help check your eligibility to make a claim. If you’d like to talk to our team, you can get in touch with them via our helpline at any time on 0800 073 8804.

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A Guide To Data Breach Claims Against Lloyds Bank

Whether you use Lloyds online banking or prefer to bank in branches, if you’re a customer of Lloyds, they will hold a lot of your personal data. Any organisation holding personal data must process and store it in accordance with the Data Protection Act 2018 and GDPR. If they fail to do so, and you suffer financial harm or personal injury because of a Lloyds Bank data breach, then you could be eligible to make a compensation claim if you can prove the breach and harm caused.

How Often Do Banking Cybersecurity Attacks And Data Breaches Occur?

A survey conducted in 2020 revealed that 46 per cent of businesses reported having had cyber attacks or suffered data breaches within the 12 months preceding the survey. It was also revealed that medium and large businesses were the most commonly affected organisations.

More recently, the Cyber Security Breaches Survey from March 2021 questioned 1,419 UK businesses and 654 of them confirmed experiencing a cyber attack and/or data breach over the previous 12 months. Among those businesses which experienced cyber attacks and data breaches, 27% said they were subjected to cyber attacks at least once a week. 83% of the businesses affected by cyber attacks said they experienced phishing attempts.

It might interest you to know that in 2017, Lloyds Bank was the target of a substantial cyber-attack. A DDoS attack was made against the banking group, and the hackers that made the attack requested a ransom from Lloyds Bank. However, the bank’s security team managed to block the source.

How Do I Know If I Can Claim For A Lloyds Banking Group Data Breach?

If you’ve suffered financial harm because of a Lloyds Bank data breach, you might already assume that you could claim compensation for the damage done to your finances. However, you may not be aware that you could also make a claim for stress, distress and anxiety caused by your personal data having been breached.

This guide explains how to go about making a claim for a Lloyds Bank breach of data protection laws if it has caused you emotional or financial harm. We explain the types of data breaches that could occur, the laws that are meant to protect your data, and what to do if there is a data breach and you wish to report it. We also explain how to go about making a claim for compensation with the help of one of our data breach solicitors.

What Is A Lloyds Bank Breach Of Data Protection Rights?

Your personal data should be protected by any organisation that holds it or processes it, according to the Data Protection Act 2018 and GDPR. The ICO, or Information Commissioner’s Office, is a body that works in the public’s interest to uphold information rights and acts to enforce compliance with data protection regulations. It could act in cases where there is a data breach to prosecute companies in the UK (except for Scotland) to bring prosecutions to those who have committed an offence under GDPR.

According to GDPR, a data breach could occur via malicious, deliberate means, or by accident, and includes the unauthorised access, disclosure, loss, alteration, destruction or theft of personal information. A data breach may happen because of an incident within an organisation, or outside of it.

A breach could involve:

  • A hack
  • A virus
  • A cyber attack
  • Human error
  • Negligence in maintaining computer equipment

These could all involve a breach of GDPR, a loss or leak of data or could lead to your data being sent to a third party.

Data subject access request Lloyds Bank

Lloyds Bank customers can gain a copy of all the personal information/data which the company holds on them by making a request. Known specifically as a Data Subject Access Request (DSAR), this type of request can be made by a Lloyds Bank customer either by filling in an online form or by writing to Lloyds Bank customer service at a particular address.

A DSAR is free and if you make one, then Lloyds Bank should respond to it within one calendar month. They can send you a copy of all the personal data they have on you. If you want, you should also be able to ask Lloyds Bank how the company uses your personal data, who they share it with and where it came from.

What Data Is Protected By The GDPR?

GDPR protects personal data relating to people who can be identified by the data directly, or in combination with other information.

The GDPR applies to all organisations that process personal data, and they must comply with 7 accountability and protection principles to comply with the regulation. These are:

  • Transparency, lawfulness and fairness
  • Purpose limitation
  • Data minimisation
  • Accuracy
  • Storage limitation
  • Confidentiality and integrity
  • Accountability

Organisations that handle data must do so securely. They must implement organisational and technical measures to protect your data. This may mean implementing end-to-end encryption, or two-factor authentication processes. If a data breach occurs, the organisation must inform the subject within 72 hours. If they do not, they could face penalties.

ICO Enforcement Action And Fines Against Banks

As mentioned earlier in this guide, it could be possible for the ICO to take action against Lloyds Bank for a data breach if they were found not to have met GDPR compliance rules. One example of a fine that was issued relating to banks having been affected by a massive data breach occurred in 2018.

The breach occurred when British Airways suffered an IT system data breach in which many of its customers’ personal data was hacked, leading to Barclays and Santander having to replace the bank cards of many of its customers, whose personal data was stolen. The perpetrators of the attack were able to make online purchases and telephone purchases for around 2 weeks, resulting in around 380,000 unauthorised transactions. A fine of £20m was issued to British Airways for the breach of data privacy.

How A Bank Could Breach Your Data Privacy

There are a variety of ways in which you could suffer a Lloyds Bank data breach. Incidents could include:

  • Viruses – if a computer inserts its own code in a computer program, infecting them with code that could change the way they work
  • Hacks – someone gaining unauthorised access to a computer or computer system
  • Cyber attacks – where someone maliciously attacks several computers, which means they could potentially launch other attacks from the computers they’ve attacked, cause a data loss, disable a computer, or steal data
  • Human errors – an example of this could be if someone accidentally sends a file to a third party in error
  • Negligent maintenance of computer systems and equipment – if, for example, a bank failed to maintain bank account cyber security programs or equipment, and your data is breached as a result

If you can prove that you’ve suffered harm from a Lloyds bank breach of data protection because of any of the incidents above, you could launch a claim for compensation against them.

Should I Report My Bank To The Information Commissioners’ Office?

As a victim of a Lloyds bank data breach, you may want to report it to the Information Commissioner’s Office, but the ICO advises that you contact the organisation directly to report the breach in the first instance. They advise those who have been a victim of a data breach to:

  • Report the Lloyds Bank GDPR breach to the bank quickly
  • Ensure that the report is sent to the correct address
  • Make sure you are specific when reporting the GDPR bank compliance breach – advise them of what data you believe has been breached
  • If you know what type of cyber issue has led to the breach, you should include this information
  • You should also include details of how you have been affected, for example, if you have been the victim of a Lloyds Bank identity theft, or if you have suffered stress and anxiety because of the breach

If the bank doesn’t respond in an adequate manner or in a reasonable amount of time, you could report the data breach to the ICO. It is worth mentioning, however, that you should do so before 3 months have passed since the breach, as the ICO may not investigate the matter if you leave it too long.

If the result of the Lloyds bank GDPR complaint you’ve raised does not include an offer of compensation, you may want to seek assistance in pursuing the matter further by taking legal action against the bank. We could help you with this.

What Could You Be Awarded Compensation For?

If you’ve been the victim of a Lloyds Bank data protection breach, this could lead to:

  • Someone accessing your account – this means they could make purchases in your name or empty money from your account
  • Data theft – someone could use the data they have to assume your identity and apply for finance in your name
  • Selling of your data – your data could be sold to a third party
  • Loss of privacy
  • Emotional distress

Compensation relating to a Lloyds Bank data breach could include several types of compensation. If you have been affected financially by the data breach, you could make a claim for compensation for this, but you could also claim for any emotional harm you’ve suffered due to the breach.

There is legal precedent when it comes to claims for personal injury that have resulted from a data breach. In Vidal-Hall and others v Google Inc [2015] – Court of Appeal, compensation for psychiatric or psychological injuries were discussed in the context of a breach of personal data. Previously, a data breach claim required financial losses in order to be pursued. Now, either financial or psychological harm can serve as the justification. Further, it was stated that compensation for psychological injuries should be valued in line with personal injury law.

How Are Data Breach Compensation Settlements Valued?

Valuing claims for personal injury usually rests on the medical evidence and an assessment of the specific facts and circumstances of the case. When a claimant makes such a claim, they are required to undergo a medical assessment with an independent medical professional to assess their injuries and prognosis. This report could then be used by your data breach solicitors to determine an appropriate amount of compensation.

To give you some idea of how much compensation could be appropriate for different levels of psychological harm caused by a data breach, we have put together a table with figures from the Judicial College Guidelines. This could give you some idea of the appropriate compensation bracket for your claim.

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Type of Injury Sustained Remarks Bracket for Compensation
Psychiatric harm Injured parties would have suffered a severe case where there was a marked impact on the person’s ability to deal with edication, work and life in general. It could also have an impact on their relationships. Medical assistance would have been utilised but the prognosis for the injured party would be very poor. £51,460 – £108,620
Psychiatric harm Injured parties would have suffered a moderately severe case. The above effects may have been experienced but they would have a more optimistic prognosis. £17,900 – £51,460
Psychiatric harm Injured parties would have suffered a moderate case. There may be effects as in higher brackets but there would have been some noticeable improvement and there would be a good prognosis. £5,500 – £17,900
Psychiatric harm An assessment would be made on the injured party’s ability to carry our usual daily tasks and their ability to sleep. The length of suffering would also be considered. Up to £5,500
PTSD Severe, permanent effects that would mean the injured party could not function in the same way as they did prior to the trauma. All parts of their life would be affected. £56,180 – £94,470
PTSD Moderately severe effects which would cause significant disabilities for the foreseeable future but where the prognosis was more positive. £21,730 – £56,180
PTSD Moderate effects where the injured party would have largely recovered. Some symptoms (not grossly disabling) may remain. £7,680 – £21,730
PTSD Less severe effects where the injured party would have virtually fully recovered in 1-2 years. Up to £7,680

When claiming for personal injury, it is worth mentioning that the pain and suffering you’ve experienced may not be the only thing you could be compensated for. You could also claim for expenses you’ve suffered as a consequence of your injuries, such as:

If you would like us to assess whether you could be eligible to claim compensation due to a Lloyds Bank data breach, we could assess your case for free, and we could provide you with a solicitor to help you if you are eligible to claim.

How To Seek Compensation From A Bank For A Data Breach

If you’re seeking compensation for a Lloyds Bank data breach, you’d need to be able to prove that:

  1. The bank had a data breach
  2. Your personal data was breached
  3. The breach caused you harm (this could be material (financial) or non-material)
  4. You were making your claim within the relevant time limit (6 years from the date of the breach and 1 year if it breached your human rights)

You may want to contact the bank directly. Details of how to do so may be included within Lloyds Bank’s privacy hub or within the Lloyds Bank GDPR policy. You may want to ask them to launch an investigation and you could request compensation directly from them. You could also contact the Financial Conduct Authority (FCA) to register a complaint.

If the response to your complaint is not satisfactory, you might wish to take legal action against them.

How To Seek Help From Solicitors Handling Data Breach Claims

While you could approach the organisation directly to ask for compensation for the Lloyds Bank data breach that has caused you harm, you may prefer to instruct a lawyer to help you. Using the services of a data breach solicitor may be preferable because it may cause you less work, and you could be sure that the solicitor would be taking the appropriate actions against the bank to help you get the compensation you deserve.

Finding a solicitor to help with data breach claims against Lloyds bank is easy when you call Legal Expert. Our experienced advisors could talk you through the process of making a claim for a breach of your personal data and we could offer you a free, no-obligation eligibility check on your case too, as well as answering any questions you might have.

If we think you could have a valid Lloyds Bank data breach claim, we could provide you with one of our lawyers, who could take your case on and fight for the compensation you deserve. Our knowledgeable and experienced data breach solicitors have a great track record of securing compensation for our clients, as you can read on our reviews page. We’d be glad to help you fight for the maximum compensation possible for your case.

No Win No Fee Data Breach Claims Against Lloyds Bank

If you’re concerned that making a Lloyds Bank data breach claim would require you to pay out a lot of money, don’t be. With No Win No Fee claims, you wouldn’t pay your lawyer anything until they had secured you a compensation payout.

A No Win No Fee agreement is another name for a Conditional Fee Agreement. You’d be required to sign one of these before the solicitor could begin work on your claim. This would set out details of a success fee that you’d only be required to pay if your case was successful. The fee is a small percentage of your total compensation settlement and it is legally capped. If your case didn’t result in any compensation, then you wouldn’t have to pay it, nor any of your solicitor’s other fees.

If you’d like to start a claim on this basis, Legal Expert would be happy to help you. We understand that you may have questions about making a No Win No Fee claim. We have included a guide explaining how these claims work in more detail at the bottom of this guide. However, if you’d like to ask us anything about No Win No Fee claims, we’d be happy to talk to you over the telephone.

Contact Our Data Breach Team

Whether you’re looking for a free eligibility check, have questions about the claims process, or would like us to provide you with a lawyer for your possible Lloyds Bank data breach claim, there are several ways to reach us:

Related Guides

Data Breach Claims – Our general guidance on making a data breach claim can be found here.

No Win No Fee – Here, we explain further about making a No Win No Fee claim.

Local Authority Claims – If you’d like to know how to make a data breach claim against your local council, click here.

Be Data Aware – This ICO article gives details on how your data could be held and processed.

Enforcements – This page gives you information on what enforcement actions the ICO have taken.

How Organisations Should Act On Data Breaches– This guidance shows how organisations should act when they believe there has been a data breach.

Other Useful Compensation Guides

Thank you for reading our guide to Lloyds Bank data breach claims, where we addressed queries you may have such as ‘data subject access request Lloyds Bank’.

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