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My Financial Information Was Shared – Data Breach Claims Guide

Was your financial information shared in a personal data breach? Did this cause you to suffer either emotional or financial harm? You may be wondering if you can make a claim.

The consequences of a data breach can be significant, and you may be able to claim if it negatively impacts your finances or emotional well-being.

This guide explains who could be eligible to claim compensation following a personal data breach. We will also explain what personal data is and whether or not data protection legislation protects financial data.

Our advisors are on hand to assess your claim for data breach compensation. If they find that you could be eligible for compensation, they may connect you with one of our expert solicitors. Our advisors can also offer free legal advice, and more help with starting your claim.

To get in touch:

Select A Section

  1. Financial Data – Is It Covered By The UK GDPR?
  2. Who Could Access Your Financial Information?
  3. What Could Cause Financial Information To Be Shared Unlawfully?
  4. Examples Of Financial Information Being Shared
  5. My Financial Information Was Shared, What Could I Claim?
  6. How To Claim If Your Financial Information Was Shared

Financial Data – Is It Covered By The UK GDPR?

All UK residents are protected by two pieces of legislation called the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR). This legislation outlines the steps that organisations must take when processing and collecting personal data, and both are enforced by the Information Commissioners Office (ICO). The ICO is an independent data protection watchdog.

Personal data is any information that can identify you, including your name, email address, banking details, and phone number. If a security incident occurs that affects the integrity, availability, or confidentiality of this data, then this is a personal data breach.

The UK GDPR lays out the criteria for claiming, as not all personal data breaches will result in a valid compensation claim. Therefore, in order to claim, you must prove that:

  • The breach affects your personal data
  • It occurred as a result of the organisation’s failings
  • It led to you experiencing harm

Who Could Access Your Financial Information?

There are many different types of organisations that could have access to your financial information. Some typical parties who can access and share financial information include:

  • Bank and building society staff
  • Investment companies
  • Pension providers
  • Mortgage brokers and lenders
  • Credit card providers
  • Local authorities
  • Utility providers
  • Employers and payroll staff
  • Store and retail outlets

However, if an organisation unlawfully shares your financial information, this could allow a number of unauthorised parties to access it.

Contact our advisors today if your financial information has been shared unlawfully to find out if you can claim. Or, continuing reading to learn more.

What Could Cause Financial Information To Be Shared Unlawfully?

There are many ways in which financial information could be shared unlawfully. According to data protection law, all organisations must establish one of the six lawful bases in order to process personal data. Consent is only one of these bases, so it is possible that an organisation could share your personal data without your consent but still lawfully.

An organisation could unlawfully share your financial information as a result of:

  • Human error: For example, an employee at a bank could accidentally send your bank statement to the wrong email address. Or, they could post it to the wrong postage address.
  • Verbal disclosure: For example, if a payroll employee verbally discloses financial information from your file to an unauthorised party.
  • Failure to redact: Unredacted documents can allow unauthorised parties to view your financial information without authorisation. For example, if a bank does not redact your information before sharing your documents.

If your financial information was shared unlawfully, get in touch with our advisors today.

Examples Of Financial Information Being Shared

In March 2023, professional outsourcing service Capita informed clients that it had been hit by a cyber-attack which affected around 90 organisations that it worked with. The data that was affected included bank account details.

In May the same year, in a separate incident, it was found that the firm had left benefits data in a publicly accessible file, potentially allowing unauthorised third parties to access the information.

Capita’s handling of the incidents has led to thousands of people starting compensation claims against them.

You can call us to learn more about how a finance data breach claim works and get free guidance.

News sources:

https://www.theguardian.com/business/2023/may/30/capita-cyber-attack-data-breaches-ico

https://www.infosecurity-magazine.com/news/8000-claimants-sue-outsourcing

My Financial Information Was Shared, What Could I Claim?

If your financial information was shared unlawfully and this has caused you harm, you may be able to claim two types of data breach compensation: material damage and non-material damage. The head of claim that provides compensation for the financial aspects of the breach is material damage.

For example, if your sort code and account number are compromised, this could allow criminals to steal money from your account or use your details to commit identity theft. This could damage your credit score, as well as leave you in debt.

Non-material damage is the head of claim that addresses the psychological impacts of the data breach. For example, if you suffer from anxiety because of a data breach, then you could claim compensation for this under non-material damage.

The table you can see here showcases figures from the Judicial College Guidelines (JCG). These are guideline compensation amounts that solicitors use when valuing claims for non-material damage.

Also, it is important to stress that these amounts are not guarantees, they are only guidelines. To learn more about claiming if your financial information is shared, get in touch with our advisors today.

Type of InjuryDetailsCompensation
Serious Psychiatric Damage Plus Financial EffectsSignificant And Long-TermUp to £250,000+
Psychological Harm Severe£66,920 to £141,240
Psychological HarmModerately Severe£23,270 to £66,920
Psychological Harm Moderate£7,150 to £23,270
Psychological HarmLess Severe£1,880 to £7,150
Post-Traumatic Stress Disorder (PTSD)Severe£73,050 to £122,850
PTSDModerately Severe£28,250 to £73,050
PTSDModerate£9,980 to £28,250
PTSDLess Severe£4,820 to £9,980

How To Claim If Your Financial Information Was Shared

If you intend to start a personal data breach claim, you may be wondering how a solicitor could help you. Our solicitors could help you with a No Win No Fee arrangement such as a Conditional Fee Agreement (CFA). Under this kind of agreement, you can access all the benefits of legal representation, typically without paying your solicitor any upfront fees or ongoing costs.

Generally, the only fee your solicitor will take is a success fee in the event of a successful claim. This is a small percentage of your compensation award with a legal cap. But, if your claim doesn’t succeed, your solicitor won’t take this fee.

If you think this arrangement could help you, contact our team today. They can offer free legal advice, and they can also tell you if you have a valid claim. If you do, an advisors from our team could put you in contact with a solicitor from our panel. To learn more:

A client explains that their financial information was shared to their solicitor.

Banking & Financial Data Breach Resources

In conclusion, the resource articles below offer further information on this topic:

In addition to this, you can find further reading on:

To learn more about making a claim after your financial information was shared, get in touch with our team.

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    Meet The Team

    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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