Santander Bank Data Protection Breach – Could You Claim Compensation?

This guide looks at what steps you could take should there ever be a Santander Bank data protection breach. 

santander bank data protection breach

Santander bank data protection breach – can I make a data breach claim?

Two key pieces of legislation are in place to help protect your personal data. We explore these further in our guide. Additionally, we look at what personal data is and explore examples of special category data.

Specific eligibility criteria applies in data breach claims. We examine what this is. In addition, we look at what steps a data controller needs to take should your personal data be compromised. A data controller decides on the purpose for processing and can process the data themselves.

A data breach could impact you financially as well as mentally. We explore the two heads that could make up a data breach compensation claim to address the impact a breach could have on your life.  

You might want to hire a solicitor if you are eligible to claim compensation. We will look at the option of working with a No Win No Fee solicitor.

For more information, you can get in touch with our team of advisors. To speak to a member of our team:

 Select A Section

  1. Santander Bank Data Protection Breach – Could You Claim Compensation?
  2. What Is Sensitive And Special Category Data?
  3. How Could A Data Breach Affect Individuals?
  4. Ways A Data Breach Could Occur
  5. How Much Could You Get For A Data Breach Claim?
  6. Speak To Us Should A Santander Bank Data Protection Breach Occur

Santander Bank Data Protection Breach – Could You Claim Compensation?

You might be wondering ‘what are the legal protections in place to protect my personal data?’. There are two main pieces of legislation that set out the responsibilities a data controller and data processor, who acts on behalf of the controller, have to protect your personal information. These are the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018

This legislation:

  • Grants data subjects more rights over how their personal data is processed. 
  • Sets out the data breach compensation eligibility. 

The UK GDPR describes a personal data breach as a security incident. It impacts the confidentiality, availability or integrity of personal data. 

Article 82 of the UK GDPR entitles you to compensation should your data be compromised in a breach. However, specific eligibility criteria applies. You must: 

  • Prove the organisation failed to comply with data protection legislation. 
  • The breach compromised your personal data.
  • You experienced harm, either financially or emotionally as a result of the breach. 

Our data breach team can provide guidance on what you could do if a Santander bank data protection breach were to occur affecting your personal information. 

Financial Service Data Breach Statistics

The Information Commissioner’s Office (ICO) is an independent body set up to help uphold the rights and freedoms of a data subject. As part of their role, they monitor data security incident trends based on reports made to them. The graph contains reported incidents in the financial, insurance and credit sector during the fourth quarter of the 2021/22 financial year. These only relate to non-cyber incidents. 

Non-cyber security incident trends in financial, credit and insurance sector Q4 2021/22

Non-cyber security incident trends in financial, credit and insurance sector Q4 2021/22

What Is Sensitive And Special Category Data?

Personal data is information that can be used to identify you. This can include the following:

  • Your name
  • Address
  • Email address
  • Phone number
  • Date of birth
  • Debit and credit card information
  • Banking details, such as your account number or sort code

Additionally, there is certain personal data that is given extra protection under the UK GDPR. This is called special category data and can include information relating to your trade union membership or your sexual orientation. It can also include biometric data.

In order to process personal information, data controllers must have a lawful basis for doing so. When processing special category data, they must also have a separate condition.

To learn what steps you could take should a Santander bank data protection breach occur, get in touch on the number above.

How Could A Data Breach Affect Individuals?

A personal data breach could impact several areas of a person’s life, such as financially and emotionally.

For example, you may have your bank account details stolen leading to your account being emptied of money. This could have a significant impact on your financial situation.

Additionally, this could cause you stress which leads to you needing time off work. As a result, you may experience a loss of earnings.

It could also result in emotional harm, such as anxiety or distress. In more sever cases, it could lead to you experiencing post-traumatic stress disorder.

If a Santander bank data protection breach were to occur, call us to find out the steps you could take.

Ways A Data Breach Could Occur

Organisations can train their staff in data protection to help reduce the risk of human error data breaches. If your personal data is not locked away, for example, it could fall into the hands of unauthorised staff members. Staff could be trained to ensure all paperwork is kept secured. 

Additionally, staff can receive cyber security training. If the blind carbon copy (BCC) is not used when sending an email to multiple recipients, for example, your email address could identify you. If staff are trained in how to use the BCC and carbon copy (CC) correctly when sending emails, a failure to use BCC data breach could be avoided. 

Additionally, there are steps you could take to keep your data safe. For example, if you receive notification of a data breach, you could change your password.

Should a Santander bank data breach occur, contact our team for information on the steps you could take. 

How Much Could You Get For A Data Breach Claim? 

There are two heads that could make up your data breach compensation settlement. These are material damage and non-material damage. 

Under the material damage head of your claim, you could recover your financial losses that have resulted from the personal data breach. For example, your joint bank account may have had money taken from it due to the personal data breach. In order to claim under this head, however, you must supply evidence such as bank statements.

You can claim for mental harm, such as anxiety, stress or depression that has resulted from the personal data breach under the non-material damage head of claim. 

When assessing the value of the non-material damage head of claim, legal professionals can use the Judicial College Guidelines (JCG). Different psychological injuries are listed alongside guideline compensation brackets in the JCG.

We’ve included examples of figures from the latest edition in the table below. However, you should only use the figures as a guide because your actual settlement could vary.

Injury Severity Potential Compensation Notes
Psychiatric harm Severe (a) £54,830 – £115,730 The person has a prognosis that is very poor.
Psychiatric harm Moderately severe (b) £19,070 – £54,830 A better prognosis than the severe category.
Psychiatric harm Moderate (c) £5,860 – £19,070 The person’s mental state improves, but there have been problems coping with life and personal relationships.
Psychiatric harm Less severe (d) £1,540 – £5,860 The person’s sleep and daily activities are affected. The extent and length of time they are impacted will be considered when determining the award.
Anxiety Disorder Severe (a) £59,860 – £100,670 The person is unable to function at the same level as prior to the trauma. All parts of their life are affected in a negative way.
Anxiety Disorder Moderately severe (b) £23,150 – £59,860 The person recovers to an extent with the help of a professional, however the symptoms will cause significant disability for the foreseeable future.
Anxiety Disorder Moderate (c) £8,180 – £23,150 The person largely makes a recovery, however, they may still experience lingering symptoms that are not grossly disabling.
Anxiety Disorder Less severe (d) £3,950 – £8,180 Minor symptoms may persist beyond 1-2 years, however, the claimant makes virtually a full recovery.

Contact our advisors for more information regarding the compensation you could be awarded.

Speak To Us Should A Santander Bank Data Protection Breach Occur

If you want to hire a data protection solicitor to represent your data breach claim, you may benefit from hiring one that offers No Win No Fee services.

This means their services could be provided under a Conditional Fee Agreement (CFA). Under this agreement, they will take a success fee from your award if your claim wins. Legal caps apply to this fee. However, in unsuccessful claims you will not have to pay a success fee.

For more information on these types of arrangements, you can get in touch with our team. They can also provide guidance on the steps you could take should a Santander bank data protection breach occur. 

To speak to a member of our team:

Learn More About Making A Data Breach Claim

Links you may find helpful:

Further data breach guides:

We hope this guide on what you could do if a Santander bank data protection breach were to occur has helped. However, if you need any other information, get in touch on the number above.

Article by AR

Publisher EI