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This guide offers advice on what you could do if a Co-operative Bank data protection breach were to happen.
Co-operative bank data protection breach – could I make a data breach claim?
As a data controller, those who decide on the purpose for processing, banks have must adhere to data protection law.
If they fail to do so, it could result in your personal data being breached. It could also lead to the breach having an impact on your finances or mental well being. If you’re eligible, you could seek compensation under a piece of data protection law. We will explore this further in our guide.
Additionally, we will look at what constitutes a personal data breach and examples of how one could occur.
Furthermore, we will look at the compensation you could be owed should you have a valid claim that succeeds.
If you require any further information after reading our guide, you can get in touch with our team. They can answer any questions you might have regarding the steps you could take following a breach of your personal data. To get in touch:
4.8A personal data breach is a security incident where the confidentiality and availability has been affected. It can also include the integrity of your personal data being affected.
A data breach could occur for various reasons, including:
Under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) data controllers and processors have a responsibility to protect your personal data.
If they fail to do so, it could lead to you experiencing financial loss or emotional harm, such as distress due to a breach of your personal data caused by the wrongful conduct of an organisation. Wrongful conduct could include an organisation failing to implement the proper security measures to protect your personal information.
It’s important to note that a breach of data protection law won’t necessarily form the basis of a valid claim. We have explored the eligibility criteria in more detail later on in our guide. Please continue reading for more information.
Alternatively, call our team to find out what you could do should a Co-operative bank data protection breach occur.
Personal data is classed as any information that could be used to identify you. This can mean either directly or indirectly when data is processed alongside other information that could be used to directly identify you. Examples of personal information includes:
In addition, there is a sub-category of personal data, called special Category data, that requires more protection due to it’s sensitive nature. This is outlined in Article 9 of the UK GDPR. Examples include information revealing your sexual orientation or trade union membership as well as biometric data.
These are examples of the personal data that banks could hold about you. Failure to take measures to protect this data under data protection law could lead to your personal information becoming compromised.
Please get in touch to learn the steps you could take should a Co-operative bank data protection breach occur compromising your personal data.
As per the data security incident trends from the Information Commissioner’s Office (ICO), there were 309 incidents reported in the finance, insurance and credit sector during Q2 of 2022. Of these, 226 were non-cyber incidents and 83 were cyber incidents.
Please note, the ICO is the body responsible for upholding data subject rights and freedoms.
As mentioned, you cannot necessarily claim if an organisation breached data protection law. In order to make a data breach compensation claim, you must be able to prove:
Additionally, you must ensure you start your claim within the time limit set out. This is 6 years to start a data breach claim. However, this is reduced to 1 year when claiming against a public body.
For more information on when a data breach claim could be justified, get in touch on the number above.
4.8There are several actions you could take should a personal data breach occur. For example, if you suspect a data breach has occurred, you could contact the organisation in writing. This can give them an opportunity to provide details on the nature of the breach, how it has occurred and how your personal information has been impacted.
If the organisation doesn’t provide you with a response or a response that’s adequate, you could notify the ICO. The ICO may launch an investigation into the incident. The findings from their investigation could be used as evidence to support your potential claim alongside any communication you have had with them or the organisation.
Please note, the ICO cannot award compensation. However, they can take enforcement action against organisations who are in breach of data protection law such as issuing fines.
To learn more about the steps you could take should a Co-operative bank data protection breach occur causing your personal data to become compromised.
There are two potential heads of claim that could comprise your data breach compensation settlement. These are material damage and non-material damage. You can claim for either of these independently.
Compensation for material damage can account for the financial losses you have experienced due to the personal data breach. This can include the negative impact on your credit score from having loans taken out in your name due to someone committing identity fraud. You will need to provide evidence in the form of bank statements or credit score statements to support your claim for these monetary losses.
Compensation for non-material damage can account for the psychological injury you have experienced due to the personal data breach. This can include anxiety, distress, stress and depression. Additionally, in more severe cases, it could include post-traumatic stress disorder.
Legal professionals can use the Judicial College Guidelines to help them when calculating the value of the non-material damage head of claim. This contains guideline compensation brackets for different psychiatric injuries. We have used these figures in the table below.
Each settlement will vary depending on the unique circumstances of your case. As such, you should only use the figures as a guide.
| Type of Psychiatric Injury | Guideline Compensation Bracket | Details |
|---|---|---|
| Psychological Harm | £54,830 to £115,730 – (a) Severe | The person has problems in various aspects of their life, including their work and relationships. They have a very poor prognosis. |
| Psychological Harm | £19,070 to £54,830 – (b) Moderately Severe | The person will have a more optimistic prognosis but will still face issues with several aspects of their life. |
| Psychological Harm | £5,860 to £19,070 – (c) Moderate | The person will have shown a significant improvement. The prognosis is good. |
| Psychological Harm | £1,540 to £5,860 – (d) Less Severe | Factors such as how long the person was affected and the extent to which they are affected are considered when deciding the award. |
| Anxiety Disorder | £59,860 to £100,670 – (a) Severe | Permanent issues affecting all aspects of the person’s life. They cannot function as the same as before the trauma. |
| Anxiety Disorder | £23,150 to £59,860 – (b) Moderately Severe | A better prognosis due to professional help leading to some recovery. |
| Anxiety Disorder | £8,180 to £23,150 – (c) Moderate | The person will have made a significant recovery with any ongoing issues not being hugely disabling. |
| Anxiety Disorder | £3,950 to £8,180 – (d) Less Severe | A full recovery within a 24 month period with symptoms persisting beyond this being minor. |
For more information on the compensation you could be awarded following a successful claim, get in touch on the number above.
4.8Under a Conditional Fee Agreement, which is a type of No Win No Fee arrangement, you won’t have to pay for your solicitor’s services if the claim fails.
However, as per the agreement, you will be required to pay a success fee from your compensation. This is subject to a legal cap.
This is a method under which our data breach compensation claim solicitors could represent your claim if it’s valid. To find out more, you can get in touch on the number above.
We hope this guide has helped you understand more about the steps you could take should a Co-operative bank data protection breach occur. However, if you require any further information, you can:
For more information, you can use the resources below:
Additionally, we have included some of our other guides:
If you require any further information on what you could do if a Co-operative bank data protection breach were to occur, get in touch on the number above.
Guide by JJW
Edited by MMI
