Atom Bank Data Breach – Could You Claim Compensation?

Data Breach Claims Against Atom Bank.

Atom Bank Data Breach Guide

Are you looking for more information on how a potential Atom Bank data breach could occur? If your personal data were to be breached and suffered as a result of this, you might be able to make a claim for compensation.

In this guide, we explore what personal information could be involved in a bank data breach. Additionally, we will explain the specific criteria that must be met in order for your claim to be valid. We will also explore the potential consequences you could suffer following a personal data breach. 

However, if you wish to discuss your specific claim, you can speak to one of our friendly advisors. They are available 24 hours a day to offer you free legal advice and answer any of the questions you may have concerning your claim.

To get in touch with an advisor today:

Select A Section

  1. What Could An Atom Bank Data Breach Be?
  2. Types Of Banking Data
  3. What Are The Consequences Of A Potential Atom Bank Data Breach?
  4. Steps To Take If An Atom Bank Data Breach Were To Occur
  5. How Much Could You Get For A Data Breach Claim?
  6. Can I Begin A Data Breach Claim Against A Bank?

What Could An Atom Bank Data Breach Be?

The UK General Data Protection Regulation‘s (UK GDPR) definition of a personal data breach is a security incident involving the accident or unlaw loss, alteration or destruction of personal data. It could also involve the unauthorised disclosure or access of personal data.

Personal data is any information that could directly identify you. It could also include data that could identify you in combination with other information. In a later section, we shall share some examples of personal data.

The UK GDPR and the Data Protection Act 2018 (DPA) set out the rules that apply to organisations that process personal data. According to data protection law, they must take certain steps to protect your personal information.

In order to be eligible to make a personal data breach claim, you must prove the following:

  1. Your personal information was involved in a breach due to the organisation’s failings.
  2. As a result of this, you suffered either financial loss or mental harm.

If an organisation can prove that it took all the necessary steps to protect your data, but it was still involved in a breach, you would not be able to claim against them.

Contact our advisors today to find out what you could do if an Atom Bank data breach were to happen. They can also give you guidance on the definition of a data breach.

Statistics – Financial Service Data Breaches

The Information Commissioner’s Office (ICO) is an independent authority that enforces data protection law. The ICO released data security incident trends based on the number of reports of personal data breaches between 2019 to the 2nd financial quarter of 2022.  

During this time, there have been 32,541 incidents reported to the ICO. Additionally, 3,082 of these incidents occurred in the finance, insurance and credit sector. In this sector:

  • 569 incidents were due to data being emailed to the wrong person.
  • 56 were due to data being sent to the wrong postal address.
  • 415 were due to phishing attacks

Types Of Banking Data

Banks can hold various types of personal data about you that they may require in order to continue to provide you with a service. Some of the personal data your bank could hold about you could include:

  • Your name.
  • Contact details – home address, phone number, personal email address etc.
  • Date of birth.
  • Bank account and sort code information.
  • Credit and debit card information.

Banks, alongside all other organisations that process personal data, must adhere to the key principles set out in the UK GDPR and not share personal data without a lawful basis for doing so. However, if your personal data were to breached due to the organisation’s failure to adhere to data protection laws, you could potentially make a claim for compensation.

Contact an advisor today to find out what information could be involved were an Atom Bank data breach to occur.

What Are The Consequences Of A Potential Atom Bank Data Breach?

If your personal data were to be compromised in a bank data breach, you could potentially experience financial losses due to your bank account or credit card information being exposed. This could result in money being taken from your account or unknown charges being made to your card.

As well as financial losses, you could also suffer mentally due to the personal data breach. For example, you could suffer anxiety due to a data breach if your home address was compromised in the breach. You could worry about people you don’t know arriving at your home.

Contact our advisors to find out how you could start a personal data breach claim.

How could bank data breaches happen?

You may be wondering how a breach of the UK GDPR could happen. Data breaches can be classified as cyber or non-cyber incidents. An example of a cyber incident could be a cyber attack. Non-cyber incidents could be caused by human error, and might involve:

  • Your personal data being sent to the wrong email address.
  • A letter containing your personal data being sent to the wrong postal address, despite the bank having your right one on file.
  • A paper file containing your personal data was not locked away or secured despite this being company policy, resulting in someone stealing it.

If you’re wondering, “how could an Atom Bank data breach happen?”, speak with an advisor. They can offer free legal advice.

Steps To Take If An Atom Bank Data Breach Were To Occur

If you’ve been notified that your personal information was involved in a data breach, there are steps you can take to help protect your data. For example, you could:

  • Change passwords, e.g. for your email account, bank account etc.
  • Monitor your accounts for suspicious activity, such as unusual login attempts or unknown charges being made.
  • Report any suspicious emails, texts and phone calls. 

If you’re worried about how a bank has used your personal data, then you can contact them to raise your concerns. They should be able to tell you if a breach has occurred and, if so, what data was impacted.

If an organisation becomes aware of certain kinds of breaches, then they need to tell the data subject (the person to whom the data relates) without undue delay and report it to the ICO within 72 hours.

If you would like to know the steps you could take if affected by a potential Atom Bank data breach, you can contact our advisors.

How Much Could You Get For A Data Breach Claim?

Any financial losses you have experienced due to a personal data breach are referred to as material damage. Supplying evidence of these losses, such as your bank statements, could help you successfully claim compensation for this kind of harm.

Any psychological injuries you suffered due to a personal data breach are referred to as non-material damage. For example, you may suffer from depression due to a data breach. Supplying evidence of this emotional distress, such as a copy of your medical records, could help you ensure that you are fully compensated for the way you have been affected. 

To help them value claims, legal professionals will use a document titled the Judicial College Guidelines (JCG). This is because the JCG lists compensation brackets for various injuries, including psychological injuries. Taking this into account, we have created the following table for you using the figures listed in the most recent edition of the JCG, published in April 2022. 

However, you should only use this table as a guide, as compensation could vary depending on your specific claim.

Edit
Mental Injury Notes Amount
Severe Mental Harm (a) The claimant’s ability to cope in life and with personal relationships is impacted. It comes with a very poor prognosis. £54,830 to £115,730
Moderately Severe Mental Harm (b) The claimant will experience significant problems with daily life, however, the prognosis is optimistic. £19,070 to £54,830
Moderate Mental Harm (c) There’s been improvements made with an overall, good prognosis. £5,860 to £19,070
Less Severe Mental Harm (d) Sleep disruption and other factors will determine how much is awarded. £1,540 to £5,860
Severe Anxiety Disorder (a) Severe problems causing an inability to function at pre-trauma levels, which also impacts all areas of the claimant’s life. £59,860 to £100,670
Moderately Severe Anxiety Disorder (b) The claimant may experience some recovery with professional help but the disability caused will be significant and last into the foreseeable future. £23,150 to £59,860
Moderate Anxiety Disorder (c) May experience some symptoms but these are not grossly disabling following a large recovery. £8,180 to £23,150
Less Severe Anxiety Disorder A virtually a full recovery has been made within one to two years. £3,950 to £8,180

To find out more about how a settlement could be valued if a banking data breach were to happen, contact an advisor today.

Can I Begin A Data Breach Claim Against A Bank

If you decide to make a claim for data breach compensation, you might want to consider hiring a No Win No Fee solicitor. A data breach solicitor from our panel could help you with your claim by offering their expertise and ensuring all aspects of your claim are fully covered. They could also offer to represent you with a specific type of No Win No Fee agreement called a Conditional Fee Agreement.

Generally, with a No Win No Fee agreement, you won’t pay any upfront solicitors fee. Additionally, your solicitor will take a success fee from your compensation should your claim be successful. This success fee is capped by law. However, unsuccessful claimants usually will not have to pay their solicitor for their services.

If you would like to know more about how data breach solicitors could help you with your claim, you can contact our advisors. Our friendly team can offer you free legal advice and help answer any questions you may have about a potential Atom Bank data breach and the data that could be involved. 

To get in touch with an advisor today:

Learn More About Data Breach Claims 

If you would like to read more articles by us about personal data breach claims:

Or, if you are looking for additional information:

You can contact our advisors today if you would like more information on what you could do if affected by a potential Atom Bank data breach.

Article by EO

Publisher ET