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Barclays Data Breach – Could I Claim Compensation?

In this guide, we will look at how when a claim could be made for a potential Barclays data breach. We explore banking data breaches and the legislation in place to help protect your personal data. 

Barclays Data Breach

Barclays Data Breach – Could I Claim Compensation?

If a bank data breach were to occur, you might wish to know what type of personal data could be included. We examine what personal data your bank might hold and exactly what the definition of personal data is. In addition, we look at sensitive data that requires more protection. Also, we look at how this information could be breached. 

We look at what material damage you could experience as a result of a breach. In addition, we look at non-material damages, such as stress, which could be considered when your claim is valued. We explore the precedent legal ruling that allows claimants to pursue non-material damages without claiming for any financial loss. 

Lastly, we explore No Win No Fee arrangements. Having a solicitor could prove beneficial towards your data breach claim, and this kind of agreement could mean you’re able to access their services with no upfront costs. 

Should you have any questions about data breach claims, you can contact our advisors:

 Select A Section

  1. What Could A Barclays Data Breach Be?
  2. What Type Of Data Does A Bank Have?
  3. Types Of Errors Leading To Data Breaches
  4. What Could Be The Impact Of A Data Breach On Individuals?
  5. Calculating Compensation For A Potential Barclays Data Breach Claim
  6. No Win No Fee Claims For Bank Data Breaches

What Could A Barclays Data Breach Be?

You might be wondering, ‘what are my rights if a bank data breach were to occur?’. To protect your personal data, there are two key pieces of legislation. These are the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018. 

Firstly, you might like to know what a data breach is. It is considered a security incident that occurs when the confidentiality, availability or integrity of your personal data is compromised. Personal data is any data that can be used to identify you, either in isolation or when it’s combined with other information. 

You must be able to prove that the data controller failed to comply with the legislation, resulting in a breach. The data controller determines the means and reasons for processing your data. Alternatively, a data processor processes personal data on behalf of a processor. 

Contact our advisors for more information about bank data breach compensation if your personal data was involved in a breach that was caused by the failings of the party in control of your data. 

Statistics On Data Breaches In The Financial Industry

Certain security incidents must be reported to the Information Commissioner’s Office (ICO). The ICO is an independent body set up to protect personal data. Data security incident trends are monitored. The statistics below relate to some of the submitted incident categories in finance, insurance and credit during the second financial quarter of 2022: 

  • 32 instances of data being emailed to the wrong recipient
  • 1 instance of a failure to use the BCC function
  • 5 instances of loss or theft of paperwork or of data being left in an unsecured location
  • 34 instances of unauthorised access to personal data

What Type Of Data Does A Bank Have?

It’s useful to know what personal information your bank could hold when considering pursuing. Legal protection applies to your personal information. Ppecial category data, which is more sensitive in nature, is afforded more protection. 

Your bank may have:

  • Name
  • Address
  • Date of birth
  • Email address
  • Phone number
  • Credit and debit card information. 

Your bank might also hold your special category data. Special category data includes:

  • Racial and ethnic origins
  • Political beliefs
  • Religious and philosophical beliefs
  • Trade union membership
  • Genetic data
  • Health
  • Sex life and orientation. 

Our advisors can further assist with your question, ‘in what circumstances could a Barclays data breach claim be justified’?

 Types Of Errors Leading To Data Breaches

Should a Barclays data breach occur, you might like to know how your data could be exposed. Human error is one potential cause of a data breach. This is where an individual makes an error that results in a breach.

The following could be considered human error: 

  • Failing to use the blind carbon copy (BCC) feature on an email. This could mean that all of the email recipients are able to see the email addresses of all other recipients.
  • Leaving personal data in an unsecured place. For example, paperwork containing personal data being left in a communal area.
  • Failure to redact. For example, a report containing personal data may need to be redacted before being published.

Free legal advice is available by calling the number at the top of the screen. If you’re wondering, “what could I do if a Barclays data breach were to occur and I was affected?”, then please read on. 

What Could Be The Impact Of A Data Breach On Individuals?

In order to qualify for bank data breach compensation, you must have experienced harm. This can be either to your finances through the loss of money. You could experience a psychiatric injury, such as post-traumatic stress disorder (PTSD). 

If your bank account has been compromised, such as your sort code and account number being included in a breach, access to other information could be easier to obtain. Someone might take out financial services in your name, such as applying for a loan with your information. 

To claim compensation, you will need to supply evidence of the harm you suffered. Your previous bank statements or credit score could support a material damage claim. If claiming for non-material damages, you could submit your medical records. We look at different types of damages in further detail below.

There used to be a requirement for you to claim compensation for material damage in order to claim for non-material damage. However, now you can claim for both together or either individually.

According to data protection laws, if you, as a data subject, are harmed by a breach of your personal information, you might be able to claim compensation. You can discuss the steps you could take after a Barclays data breach with our advisors 24/7. 

Calculating Compensation For A Potential Data Barclays Data Breach Claim

You might want to know more about how a settlement could be valued if a Barclays data breach were to occur and you claimed compensation. Two heads could make up your claim; material damages and non-material damages. 

You do not need to experience material damages to claim non-material damages. In 2015, the Court of Appeal ruled in the Vidal-Hall and others v. Google Inc., which means you can claim for mental injuries like anxiety without claiming for financial harm. Prior to this, you must have experienced financial harm to claim. 

Material Damages

You must be able to supply proof of your financial losses. A bank statement, for example, can support your claim. You could also include payslips if the psychiatric impact of a data breach has caused you to take time off work and lose out on earnings. 

Non-material Damages

You could receive compensation if you experience any mental health effects due to a data breach at your bank. An independent medical assessment might be carried out as part of a non-material damages claim. This allows for your psychological injury and its impact on your life to be properly assessed. 

Legal professionals use the Judicial College Guidelines (JCG) to assist them in valuing injuries in personal injury claims. The JCG contains a list of injuries alongside their guideline settlement brackets. Data breach solicitors will refer to the same document to help assign value to psychological distress in data breach claims. 

We’ve included examples of emotional injuries from the latest edition of these guidelines, published in April 2022. 

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Injury Potential Compensation Notes
Severe Psychological Injury (a) £54,830 to £115,730 This is a severe injury, coming with a very poor prognosis, impacting the claimant’s ability to cope with life and relationships.
Moderately Severe Psychological injury (b) £19,070 to £54,830 Despite an optimistic prognosis, there’s an inability to cope with life and relationships.
Moderate Psychological Injury (c) £5,860 to £19,070 The claimant experiences psychiatric harm that causes problems with life and in relationships, however improvements are made and the prognosis is good.
Less Severe Psychological Injury (d) £1,540 to £5,860 A period of disability occurs, with impacts on daily activities and sleep.
Severe PTSD (a) £59,860 to £100,670 The claimant will not find it possible to function at pre-trauma levels in all areas of life.
Moderately Severe PTSD (b) £23,150 to £59,860 The claimant will experience some recovery with professional help, however, they will experience significant disability for the foreseeable future.
Moderate PTSD (c) £8,180 to £23,150 There remains non-grossly disabling symptoms, however, a recovery has largely taken place.
Less Severe PTSD £3,950 to £8,180 Minor symptoms beyond one-two years may be experienced, however, the claimant has made a virtual full recovery.

Contact our advisors if you have any questions about how damages are awarded. 

No Win No Fee Claims For Bank Data Breaches

Your data breach claim could seem easier with a solicitor.  You cannot reopen a settled claim, even if new ways that you are affected come to light. A solicitor could help ensure your claim is filed properly with all damages accounted for. 

Your claim may benefit from a No Win No Fee solicitor. A popular form of this kind of agreement is a Conditional Fee Agreement (CFA). This means you generally won’t have to pay an upfront solicitors’ fee. They will take a success fee from your award if your claim is successful. If it is not successful, however, you will not pay a success fee. A legal cap applies to the amount that can be deducted. 

You can contact our data breach advisors should you wish to know more about potential how a potential Barclays data breach could occur. They can provide you with information about what you could do following a data breach. 

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References For Data Breach Claims Against Barclays 

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Written by Brown

Edited by Stocks