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Virgin Money Data Protection Breach – Can I Claim Compensation?

You may wonder, ‘If a Virgin Money data protection breach were to occur, could my personal data be affected?’. Organisations have a responsibility to handle personal data in line with data protection laws. Should they fail to do this, and a breach does occur, it could cause the data subjects involved to suffer psychological harm and financial losses. 

Virgin Money Data Protection Breach

Virgin Money Data Protection Breach – Can I Claim Compensation?

This article will explain what is meant by the term personal data and provide examples of how a potential bank data breach could occur and the rights you have to seek compensation under data protection law.

We will also focus on the short, and long-term impacts of a breach and how this can be considered if a successful personal data breach claim is made.

Furthermore, we will discuss how using a No Win No Fee solicitor could benefit your claim.

You can also contact our team of advisors for expert legal advice. They can provide a free assessment of your personal data breach claim to provide insight into your eligibility and any potential compensation you could potentially receive. They are available 24/7, so don’t hesitate to get in touch at a time that suits you.

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  1. Virgin Money Data Protection Breach – Can I Claim Compensation?
  2. What Data Could A Bank Hold?
  3. How Could A Potential Virgin Money Data Protection Breach Occur?
  4. If A Virgin Money Data Protection Breach Were To Occur, What Impact Could It Have?
  5. What Could I Receive In Data Breach Compensation?
  6. Can I Make A No Win No Fee Claim?

Virgin Money Data Protection Breach – Can I Claim Compensation?

Banks can handle the personal data of both their customers and their employees. This could be processed both physically or digitally. Under the UK General Data Protection Regulation (UK GDPR), which exists alongside the Data Protection Act 2018 (DPA), data controllers and processors have responsibilities to protect the personal data that they handle. Data controllers lay out the purposes and means for personal data processing, and data processors follow their instructions. Both must comply with data protection laws. 

To understand whether you can claim, it is also important to understand what is meant by the term personal data breach. To define personal data breaches, we will use the explanation provided by the Information Commissioner’s Office (ICO), which is an independent body responsible for upholding information rights in the UK. A personal data breach can be broadly described as a security incident that affects the availability, confidentiality or integrity of personal data.

As per Article 82 of the UK GDPR, you have the right to seek compensation if you meet the eligibility criteria. To make a compensation claim for a personal data breach, the following eligibility criteria must be met:

  • The data controller or processor responsible for your personal data failed to comply with data protection laws.
  • This led to a data breach involving your personal information.
  • As a result of the conditions above, you have suffered from financial losses or psychological harm.

As you can see, it’s not always possible to claim if data protection laws have been breached, it also needs to have impacted your personal data and caused you harm or loss as a result.

Statistics On Financial Data Security Incidents

According to the data security incident trend statistics compiled and provided by the ICO from reports made by organisations in the finance, insurance and credit sector:

  • There were 3,082 incidents between Quarter 2 of 2019 and Quarter 2 of 2022.
  • 2,252 were due to non-cyber causes.
  • 830 were due to cyber causes.

Should a Virgin Money data protection breach occur affecting your personal data, speak to a member of our team for advice.

What Data Could A Bank Hold?

There are different types of personal data that a bank could handle. Personal data is described as information that can be used to identify a person, including your name, email address, home address, credit card details, date of birth and phone number.

Article 9 of the UK GDPR also covers another category of personal data called special category data. This is data that is considered more sensitive in nature and requires extra measures of protection. This includes information regarding your:

  • Philosophical and religious beliefs
  • Health, such as medical records
  • Sexual orientation
  • Trade union membership
  • Political opinions
  • Race and ethnic origin

If a data controller fails to adhere to data protection laws, it could lead to a bank data breach compromising your personal information. This could cause you to suffer from mental or financial damage, for which you could be eligible to receive compensation.

Should a Virgin Money data protection breach occur and involve your personal data, please contact a member of our team for advice.

How Could A Potential Virgin Money Data Protection Breach Occur?

Data breaches could occur for various reasons, such as human error or deliberate action. Data breaches caused by deliberate action can involve criminal activity, such as:

  • A cyber-attack
  • Ransomware
  • Phishing emails

To make a claim, it is important that the breach was caused by failings on the part of the data controller. Therefore, in the case of a cyber-attack, for example, it could be that adequate security systems were not in place to protect personal data.

On the other hand, human error could lead to a personal data breach in the following ways:

  • An employee at a bank could send an email or letter including your personal data to the wrong recipient.
  • Paperwork or a device that is not password protected containing your personal data could be lost in a public place where anyone could access it.

For advice on making a personal data breach claim, please get in touch with our team today.

If A Virgin Money Data Protection Breach Were To Occur, What Impact Could It Have? 

A personal data breach could cause you damage in the form of psychological injuries, such as stress, anxiety and post-traumatic stress disorder (PTSD). This could occur if you had money stolen from your account or loans taken out in your name. Additionally, this could also cause you to suffer from financial losses.

To find out what you could do if a Virgin Money data protection breach were to occur affecting your personal data and causing you emotional harm or monetary loss, get in touch with our advisors.

What Could I Receive In Data Breach Compensation?

Should your personal data breach claim succeed, you could receive compensation for two types of damage:

  • Material damage – This refers to the financial losses incurred by the personal data breach, including loss of earnings and money stolen from your bank accounts. It is important to note that you must provide evidence of these losses, such as payslips and bank records.
  • Non-material damage – This refers to the psychological injuries you suffered due to the personal data breach.

The table below is a guide to potential compensation brackets for non-material damage. To produce this table, we have used the 16th edition Judicial College Guidelines (JCG). Data breach solicitors can also refer to the JCG to help them value payouts for non-material damage. 

Edit
Injury Compensation Brackets Notes
Psychological Injury – (a) Severe £54,830 to £115,730 There are marked problems associated with the person’s ability to cope with education, work, and life. Also, their prognosis will be very poor.
Psychological Injury – (b) Moderately Severe £19,070 to £54,830 Similar to the bracket above, there are significant problems associated with the person’s ability to cope with education, work, and life. However, their prognosis will be much more optimistic.
Psychological Injury – (c) Moderate £5,860 to £19,070 There may still be problems in respect to multiple factors of the person’s life, however, they will make a marked improvement by the time of trial. Also, their prognosis will be good.
Psychological Injury – (d) Less Severe £1,540 to £5,860 The length of the period of disability and the level that sleep and daily life were affected will be considered within this bracket.
PTSD – (a) Severe £59,860 to £100,670 An injury within this bracket will have permanent effects and mean the person is not able to function at any level similar to before the trauma. Their life will be badly affected in all aspects.
PTSD – (b) Moderately Severe £23,150 to £59,860 The prognosis for recovery here will be better than the bracket above with professional help.
PTSD – (c) Moderate £8,180 to £23,150 The person has largely recovered but may have some continuing symptoms that are not grossly disabling.
PTSD – (d) Less Severe £3,950 to £8,180 Within a 1 – 2 year period, the person will have made a virtually full recovery. Persisting any longer will only be minor symptoms.

The amounts included in the table are not an exact representation of what you will receive for a successful claim. As such, you should only use them as a guide.

For more information on data breach compensation, contact our advisors today.

Can I Make A No Win No Fee Claim?

If our advisors assess your case and find that you could have a valid claim, they may decide to place you in contact with our No Win No Fee solicitors. Using a solicitor when making a claim can provide multiple benefits, such as helping you to compile evidence and put forward a complete claim.

Moreover, entering into a Conditional Fee Agreement (CFA), which is one of the types of No Win No Fee agreements, can also provide financial benefits. Firstly, you generally won’t pay any fees for your solicitor’s services upfront or during the course of an ongoing claim. Secondly, you commonly don’t make any payments for these services should your claim not succeed. 

Finally, if your claim were to succeed, a data breach solicitor under a CFA would generally take a small percentage of the compensation. The legislation caps the amount a solicitor can take. Therefore, you do not need to be concerned about being overcharged.

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Resources

We have provided further data breach articles for you to take a look at:

Additionally, there are some helpful external links for you to explore:

Thank you for reading this guide on the steps you could take should a Virgin Money data protection breach occur and affect your personal data. If you have any other questions, please get in touch using the details provided above.

Writer Oxland

Editor Mitchell