In this guide, we will explore what steps you could take should a Starling bank data breach occur.
Starling bank data breach – could I claim compensation?
Banks have a responsibility, as data controllers, to ensure they adhere to data protection law. Controllers set the purpose for processing personal information. We have explored the responsibilities they have further in our guide.
Additionally, we will look at examples of how a bank data breach could occur and the impact it could have on your life.
Furthermore, we have looked at when you might be eligible to seek compensation for the impact a personal data breach has had.
Please continue reading for more information. Alternatively, you can get in touch with our team to find out more by:
- Calling on 0800 073 8804
- Filling out our online contact form
- Speaking with an advisor via the live chat feature below.
Select A Section
- Starling Bank Data Breach – Could I Claim Compensation?
- Can A Bank Share Your Personal Data?
- Examples Of Bank Data Breaches
- What Could You Do Should A Starling Bank Data Breach Occur?
- Calculating Compensation For A Data Breach
- Talk To Our Team Should A Starling Bank Data Breach Occur
Starling Bank Data Breach – Could I Claim Compensation?
Under the Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) data controllers and data processors have a responsibility to protect your personal information.
Personal data is any piece of information that can be used to identify you either directly or when processed alongside information that can directly identify you. Examples include your:
- Name
- Postage address
- Email address
- Banking details, such as your credit or debit card information
- Phone number
Additionally, certain information is classed as special category data which needs extra protection. Examples include:
- Biometric data
- Information revealing your trade union membership
- Information relating to your sexual orientation
These are examples of the type of personal data a bank could hold about you. As such, they must adhere to data protection law in order to protect your personal information. If they fail to do so, you could experience financial loss or psychological harm due to your personal data being breached. In some cases, you have the right to seek compensation for the damage you have sustained under the UK GDPR.
To learn about when a potential data breach claim against Starling bank could be justified, get in touch on the number above.
Can A Bank Share Your Personal Data?
Organisations within the financial sector, such as banks, must have a valid lawful basis for processing your personal data. There are 6 bases in total, including:
- Consent
- Legal obligation
- Contract
- Vital interests
- Public task
- Legitimate interests
The basis an organisation chooses will depend on the purpose for processing. As such, organisations do not always need consent to process personal data if they have another lawful basis for doing so.
For more information on when a bank could share your personal information, get in touch on the number above.
Examples Of Bank Data Breaches
There are various ways in which a data breach could occur in a bank. In some cases, it could be due to the data controller or processor failing to take proper security measures either cyber or physical.
For example, they fail to up date their cyber security systems leaving them more vulnerable to a cyber attack. Alternatively, they may fail to have physical security measures in place, such as locked filing cabinets to store physical data. This could make it easier for those without authorisation to access your personal information.
Human error is another way that data breaches could occur. For example:
- A member of staff sends an email containing information relating to your bank account to the wrong person
- A letter is sent containing your new debit card to the wrong postal address
- Documents containing sensitive information aren’t correctly disposed of
If you have experienced a similar incident that has compromised your personal data and caused you financial or psychological harm, get in touch on the number above. An advisor can discuss whether you’re eligible to make a claim.
Alternatively, continue reading to learn about the steps you could take should a Starling bank data breach occur.
What Could You Do Should A Starling Bank Data Breach Occur?
There are several steps you could take should a bank data breach occur and comprise your personal information. For example:
- Raise your concern with the organisation directly. By doing so, you can find out more about what information was affected and how the organisation plans to address the incident. Additionally, any communication between you and the organisation can be used as evidence if you make a claim.
- Report your concern to the Information Commissioner’s Office (ICO) who are tasked with upholding the rights and freedoms of data subjects. They may investigate your concern, in which case, you could use their findings as evidence to support your potential claim.
There are also steps an organisation should take should a data breach occur and affect the rights and freedoms of data subjects. For example, they must report the incident to the ICO within 72 hours. They also must make data subjects aware of the breach without undue delay.
Please note, the ICO cannot award compensation. However, they can issue fines and take other enforcement action against the organisation.
To learn more about the steps you could take should a Starling bank data breach occur, get in touch on the number above.
Calculating Compensation For A Data Breach
As part of your data breach compensation settlement, you could receive up to two heads of claim. The first is called material damage. This accounts for monetary losses you have incurred due to the personal data breach. For example:
- Stolen funds from your bank account
- A loan taken out in your name due to having your credit card stolen
You will need to provide evidence of these costs, such as bank statements and credit card statements.
The second head of claim is called non-material damage. This accounts for the emotional harm you have sustained due to the personal data breach. Examples of emotional harm can include anxiety, depression, stress and post-traumatic stress disorder in more severe cases.
When calculating the value of compensation awarded for non-material damage, legal professionals can use guidelines from the Judicial College. This contains guideline compensation brackets that relate to different types of psychiatric injury.
Whilst we have included these figures in the table below, you should only use the figures as a guide because you’re actual settlement could vary.
| Harm | Guideline Compensation Brackets | Notes |
|---|---|---|
| Mental Injury | (a) Severe – £54,830 to £115,730
| The person has significant issues and a very poor prognosis. |
| Mental Injury | (b) Moderately Severe – £19,070 to £54,830
| The person will still have significant issues but with a better prognosis. |
| Mental Injury | (c) Moderate – £5,860 to £19,070
| The person will have made some improvement with a more optimistic prognosis. |
| Mental Injury | (d) Less Severe – £1,540 to £5,860
| Consideration is given to how long and how severely the person is affected before determining the award for cases in this bracket. |
| Psychiatric Disorder (Reactive) | (a) Severe – £59,860 to £100,670
| All parts of the person’s life will be affected badly and they will be unable to function at the same level as before the trauma. |
| Psychiatric Disorder (Reactive) | (b) Moderately Severe – £23,150 to £59,860 | The person’s prognosis is better after receiving some professional help to aid them in recovery. |
| Psychiatric Disorder (Reactive) | (c) Moderate – £8,180 to £23,150
| A significant recovery has been made and any ongoing issues won’t be hugely disabling. |
| Psychiatric Disorder (Reactive) | (d) Less Severe – £3,950 to £8,180
| A full recovery within 2 years with only minor issues persisting beyond that time frame. |
To learn more about the compensation you could be awarded following a successful claim, get in touch on the number above.
Talk To Our Team Should A Starling Bank Data Breach Occur
If you have a valid basis for making a data breach claim, one of our No win No Fee solicitors could help. They can offer their services under a Conditional Fee Agreement.
This allows you to access the services they provide without having to pay upfront. You also won’t need to pay for these services should your claim lose. In successful cases, your solicitor can take a success fee from your compensation. However, this is subject to a legal cap.
To find out more about starting a claim on this basis, you can get in touch with an advisor from our team. They can also discuss more about the steps you could take should a Starling bank data breach occur.
For any further enquiries, please get in touch. You can:
- Call on 0800 073 8804
- Contact us online
- Speak with an advisor via the live chat function below.
Learn More About Bank Data Breach Claims
Below, please find some additional resources and more of our guides:
- Council data breach claims
- Joint bank account data breach
- Debt and arrears data breach compensation
- GOV – Find out about the data an organisation has about you
- ICO – Data security incident trends
- ICO – Your data matters
We hope this guide on steps you could take should a Starling bank data breach occur, has helped. However, if you need any other information, please get in touch on the number above.
Written by Waters
Edited by Mitchell
