In this guide, we will discuss the potential action you could take should a TSB Bank data breach occur and cause your personal information to be compromised.
Information that could be used to identify you as an individual is personal data, whether it’s used on its own or combined with other information. Banks may need to collect personal data about their clients anhttd employees, such as their name, date of birth, phone number, email address and credit card.
Following a bank data breach, you may be concerned about the potential financial losses you could suffer, such as money stolen from your bank accounts due to identity theft. You could also suffer from psychological injuries, such as distress and anxiety. This could have various negative impacts on your life.
Throughout this guide, we will explore the causes of a data breach and when you could be eligible to bring forward a claim under certain data protection legislation.
Contact our team to receive free and confidential legal advice. Our team of advisors are available 24/7 and can determine whether you could be eligible to receive data breach compensation.
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- TSB Bank Data Breach – Could I Make A Data Breach Claim?
- Types Of Error Leading To Data Breaches
- Time Limits For A Data Breach Claim
- What Can You Do Should A TSB Bank Data Breach Occur?
- How Much Could I Claim For A Personal Data Breach?
- Speak To Our Team Should A TSB Bank Data Breach Occur
To understand what a personal data breach is, it’s important to know the laws protecting the use and storage of personal data. These are as follows:
Alongside one another, they outline the rules that all data controllers and processors must adhere to when handling personal information. If they fail to do so, the organisation could potentially face monetary penalties from the independent body responsible for upholding information rights called the Information Commissioner’s Office (ICO).
The ICO provides useful definitions to help explain a personal data breach. These are as follows:
- Data controller – They have overall control of the means and purpose of the processing of personal data.
- Data processor – They act on the instructions of the relevant controller.
- Personal data breach – This is a security incident which has an effect on the integrity, confidentiality or availability of personal data.
Under Article 82 of the UK GDPR, those who have been affected by a personal data breach have the right to seek compensation if the relevant criteria are met. These include proving that a data controller or processor failed to adhere to data protection law which led to a personal data breach and caused you mental suffering or monetary loss.
To learn more about the steps you could take, should a TSB Bank data breach occur and affect your personal data, speak to one of our advisors.
There are several ways a breach of your personal data could occur, including human error and deliberate breaches. Human error can include incidents such as a failure to use BCC when sending a mass email and a failure to redact information. They can also include sending a letter containing personal information to the wrong postal address.
Whereas deliberate causes include incidents such as an act of criminal activity, where information is compromised by a cyber hacker. Organisations have a responsibility under data protection law to keep their cyber security systems up to date. If they fail to do so, it can make them more susceptible to cyber attacks, such as ransomware attacks.
Finance Data Security Incident Trends
The data security incident trends provided by the ICO show the frequency and causes of incidents within the finance, insurance and credit sector. The statistics below happened within Quarter 2 of 2019 and Quarter 2 of 2022:
- 3,082 incidents were reported.
- 2,252 of these were non-cyber incidents.
- 830 of these were cyber incidents.
Generally, you have 6 years to begin pursuing a claim for data breach compensation. Although, if this claim is against a public body, the time limit is reduced to one year to start proceedings.
Please contact our team as soon as possible to learn whether your potential claim could be within the relevant time limit.
You may wonder, ‘what should I do if a TSB Bank data breach were to occur?’. Following a data breach involving your personal information, there are some actions you can take. An organisation should report a breach that is a risk to your rights and freedoms to the ICO within 72 hours of discovering it. Also, they should inform you without undue delay if it risks your rights and freedoms.
After you have received a notification, or if you suspect that your personal data has been involved in a breach, you can contact the organisation to enquire about the incident. If they do not respond in a satisfactory way, you could make a complaint to the ICO. They may investigate the breach, and any findings could be used as evidence to support your potential claim.
Additionally, we recommend seeking legal advice to learn more about the process of seeking data breach compensation and whether you could be eligible to do so.
In the case of a successful personal data breach claim, you could receive a settlement consisting of compensation for two types of damage: material and non-material.
- Material damage – This is the financial losses resulting from the personal data breach.
- Non-material damage – This is the psychiatric harm that the personal data breach causes, such as post-traumatic stress disorder (PTSD).
Solicitors can consult the Judicial College Guidelines (JCG), updated in April 2022, to help value payouts for non-material damage in data breach claims. It contains guideline compensation brackets for different types of psychiatric harm. We have used this document to create the table below as a guide. However, these figures are not necessarily reflective of what you will receive following a successful claim. As such, you should use them as guidelines only.
|Type of Harm
|Guideline Compensation Bracket
|£54,830 to £115,730
|An injury within this bracket will cause the person marked problems with relationships, work, education and daily life. Also, they will have a very poor prognosis.
|(b) Moderately Severe
|£19,070 to £54,830
|Whilst an injury within this bracket will still cause the person significant problems in multiple areas of their life, they will have a much more optimistic prognosis than the bracket above.
|£5,860 to £19,070
|Whilst an injury within this bracket will still cause the person significant problems in multiple areas of their life, there will have been a marked improvement and the person’s prognosis will be good.
|(d) Less Severe
|£1,540 to £5,860
|An award within this bracket will take into account the of length of time that the disability lasted and the extent to which the person’s daily life and sleep were affected.
|£59,860 to £100,670
|An anxiety disorder with permanent affects that prevents the person from functioning as they did pre-trauma. All parts of their life will be negatively affected.
|(b) Moderately Severe
|£23,150 to £59,860
|Similar effects to the person as in the above bracket. However, there will be a better prognosis with the help of a professional.
|£8,180 to £23,150
|A large recovery will be made by the person and persisting effects will not be grossly disabling.
|(d) Less Severe
|£3,950 to £8,180
|A recovery that is virtually complete will be made within 1 to 2 years and only symptoms of a minor level will persist longer.
You may also be eligible to receive a data breach compensation payout for material damage as part of your claim. This could include:
- Reimbursement for money taken from your bank accounts
- Loss of income, resulting from having to take time off work due to the way the breach affected you emotionally.
It is important to provide evidence proving any material damage to support your claim, such as bank records. Contact our advisors for an accurate estimate of the compensation you could be eligible to receive.
If you allow our advisors to assess your case and they determine that you could have valid grounds for a claim, they may connect you with one of our No Win No Fee solicitors. They can offer to represent your claim under a Conditional Fee Agreement (CFA). Under the terms of this agreement:
- Generally, there will be no fees to pay for the services of a solicitor upfront, during your claim or in the event your claim is unsuccessful.
- If your claim is successful, a No Win No Fee solicitor will deduct a small success fee from the compensation. This is calculated as a legally capped percentage.
Contact Us To Learn More
Please don’t hesitate to get in touch with us today if you have any other questions about the steps you could take should a TSB Bank data breach occur. You can get in touch by:
Please take a look at more of the guides from our website:
- My Data Was Sent To The Wrong Postal Address, Can I Claim Compensation?
- Mortgage Provider Data Breach
- Loan Provider Data Breach
Also, explore some of these external sources:
- GOV – Top tips for staying safe online
- GOV – Data protection
- ICO – Your right to be informed if your personal data is being used
Thank you for reading this informative guide to the potential action you could take should a TSB Bank data breach take place and compromise your personal information. For more information, get in touch using the details provided above.
Guide by JJW
Edited by JO/ MMI