Starling Bank Data Protection Breach – Could I Make A Data Breach Claim?

In this guide we explore what steps you could take should a Starling Bank data protection breach occur. 

Starling bank data protection breach

Starling bank data protection breach – Could I make a data breach claim?

We examine the legislation in place to help protect personal data. Additionally, we look at who is responsible for data security. We also explore what information a bank may hold about its customers. 

If a data breach involving your personal data were to occur, you might be able to claim compensation. However, there are certain criteria your claim must meet in order to be valid. We examine data breach claims eligibility criteria further in this guide.

Additionally, if you are eligible and decide to claim, we provide examples of emotional distress compensation and compensation for financial loss you could receive should your claim succeed.

We conclude this guide by examining No Win No Fee arrangements and how they might benefit you if you want to hire a solicitor to represent your claim.

Please continue reading for more information. Alternatively, you can contact our team of advisors. To get in touch:

Select A Section

  1. What Could Be Meant By A Starling Bank Data Protection Breach?
  2. What Sensitive Data Is Protected By The UK GDPR?
  3. Examples Of Enforcement Action Taken Against Banks
  4. What Could You Do If A Starling Bank Data Protection Breach Were To Occur?
  5. Calculating Data Breach Compensation Settlements
  6. Talk To Us Should A Starling Bank Data Protection Breach Occur

What Could Be Meant By A Starling Bank Data Protection Breach?

There are two key pieces of legislation that are in place to help protect your personal data. These are the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). Under the legislation:

  • Data controllers and data processors have responsibilities to protect your personal data. A data controller decides on the purpose for processing and sometimes processes the data themselves. A data processor acts on behalf of the controller. Both must adhere to data protection law.
  • As a data subject, you are given more rights over how your personal data is processed.
  • You have the right to make a data breach claim if you meet the right criteria.

A personal data breach is a security incident involving the destruction, loss or alteration of your personal information which happens unlawfully or accidentally. It can also include your personal data being accessed or disclosed without authorisation.

However, it’s important to note that a breach of data protection doesn’t necessarily mean your personal data will be compromised or that you are eligible to make a claim.

Article 82 of the UK GDPR gives you the right to claim compensation if you meet the eligibility criteria. Firstly, you must be able to prove that the data controller failed to adhere to data protection law. Secondly, you need to prove that as a result of their failings, your personal data was breached. Additionally, the breach must have caused you to suffer either financial losses or a psychological injury. 

Our data breach team can provide guidance on the steps you could take should a Starling Bank data protection breach occur compromising your personal data.

How Common Are Data Breaches In 2022?

The Information Commissioner’s Office (ICO) is an independent body set up to maintain a data subject’s rights and freedoms. As part of their role, they monitor data security incident trends. In the chart below, we include details of non-cyber incidents in the finance, insurance and credit sector reported during the fourth quarter of the 2021/22 financial year. 

non-cyber incidents in finance, insurance and credit, Q4 2021/22

non-cyber incidents in finance, insurance and credit, Q4 2021/22

What Sensitive Data Is Protected By The UK GDPR?

Banks can hold customers’ personal information to provide a service. As such, your bank may hold the following:

  • Name
  • Postal address
  • Email address
  • Phone number
  • Debit and credit card information
  • Bank account number and sort code. 

In addition to personal data, a bank may hold data of a more sensitive nature. This is called special category data. Examples of the special category data that a bank might hold, include:

  • Information relating to your trade union membership
  • Biometric data
  • Information revealing your sexual orientation. 

For information on what you could do should a Starling bank data protection breach occur compromising your personal data and causing you emotional or financial harm, get in touch on the number above.

Examples Of Enforcement Action Taken Against Banks

Another part of the ICO’s data security role is taking enforcement action when a breach occurs. This includes in the finance, insurance and credit sectors. 

The following organisations faced enforcement action between September 2021-March 2022:

  • The ICO issued a fine to Saga Personal Finance Ltd for sending unsolicited direct marketing. 
  • Tempcover Ltd were issued with a fine for sending unsolicited direct marketing messages. 
  • The Money Hive Limited sent subscribers unsolicited direct marketing messages without valid consent and were fined. 
  • UK Appliance Cover Limited were fined for unsolicited calls for direct marketing purposes. They also failed to provide the necessary caller information. 
  • A fine was issued to Home Sure Solutions Limited for making unsolicited direct marketing calls. 

If a financial institution’s failings have caused your personal data to become compromised, call our team to find out what steps you could take.

What Could You Do If A Starling Bank Data Breach Were To Occur?

You might like to know what steps you could take should a personal data breach occur. Firstly, you could contact the organisation directly if you suspect your personal data has been compromised. They can provide information on the breach. Also, any written communication you have with the organisation can be used to support your claim. 

Secondly, if you haven’t had an adequate response or any response from the organisation, you can raise your concern with the ICO. Whilst they can’t award compensation, they could investigate the incident. Any findings from their investigation can also be used as evidence to support your claim.

Additionally, there are certain steps an organisation should take if your rights and freedoms are at risk due to a data breach. For example, they should inform the ICO of the breach within 72 hours. Additionally, they should notify the data subject without undue delay.

To discuss the steps you could take should a Starling bank data protection breach occur, get in touch on the number above.

Calculating Data Breach Compensation Settlements

A data breach compensation settlement could be made up of two heads, these include:

Material damage: This head provides compensation for the financial losses or costs you have incurred due to having your personal data breached. For example, if your bank account details were stolen, this could lead to loans being taken out in your name causing a negative impact on your credit score. You could be compensated for the financial impact of the breach if you provide relevant evidence to support these losses, such as bank statements.

Non-material damage: This head provides compensation for the psychological impact of the personal data breach. For example, you may suffer anxiety, depression, stress or post-traumatic stress disorder in more severe cases.

You can claim for your mental health injuries alone even if you aren’t claiming for financial harm. 

When assigning value to the non-material damage head of claim, legal professionals can use the Judicial College Guidelines (JCG). In this document, guideline compensation brackets are listed alongside psychological injuries.

Below, we have created a table including figures from the most recent edition of the JCG. Please only use them as a guide because your actual settlement could vary.

Edit
Injury Severity Guideline Compensation Bracket Notes
Psychological Injury (a) Severe £54,830 to £115,730 The person cannot cope with life and relationships. The prognosis is very poor.
Psychological Injury (b) Moderately severe £19,070 to £54,830 The mental injury causes significant problems coping with life and relationships, but the prognosis is more optimistic than in severe cases.
Psychological Injury (c) Moderate £5,860 to £19,070 There may be problems coping with life and they may impact the person’s relationships, but they will have made a significant improvement and there’s a good prognosis.
Psychological Injury (d) Less severe £1,540 to £5,860 The award the person is given will depend on how long and how severely they are affected.
PTSD (a) Severe £59,860 to £100,670 All aspects of the person’s life are negatively affected and the person can’t function at the same as they could before the trauma.
PTSD (b) Moderately severe £23,150 to £59,860 The person experiences a significant disability lasting into the foreseeable future. They may make some recovery with the help of a professional.
PTSD (c) Moderate £8,180 to £23,150 A large recovery takes place and any ongoing issues aren’t major.
PTSD (d) Less severe £3,950 to £8,180 Virtually a full recovery is made. Some minor symptoms may persist beyond 1-2 years.

For more information on the compensation you could receive following a successful claim, get in touch on the number above.

Talk To Us Should A Starling Bank Data Protection Breach Occur

If you are eligible to claim compensation, you may want to hire a solicitor. Your solicitor’s services could be provided on a No Win No Fee basis under a Conditional Fee Agreement (CFA).

As per this agreement, there will be no requirement to pay for your solicitor’s services if the claim fails. Alternatively, you will pay a success fee to your solicitor if your claim succeeds. However, this is subject to a legal cap and is taken from your compensation.

To learn more about hiring a solicitor on this basis, you can get in touch with our team of advisors. They can also discuss the steps you could take should a Starling bank data protection breach occur.

To get in touch:

Find Out More About Claiming For A Bank Data Breach

Below, we have provided some additional resources that you might find helpful:

Additionally, we have provided links to some of our other guides:

We hope this guide on what steps you could take should a Starling bank data protection breach occur has helped. If you need any other information, please get in touch on the number above.

Guide by DSB

Edited by MMI