This guide will explore what you could do if a Starling Bank data breach were to occur. As a data controller, banks have a responsibility to protect your personal data under data protection law. A data controller decides on the purpose for processing and can process the data themselves. We will explore the responsibilities they have in more detail throughout our guide.
Banks can hold various kinds of information about you, including your bank account and credit card details. If your personal information were to be breached, you could potentially suffer from financial losses and psychological harm. In some cases, you may be able to make a personal data breach claim. We will explore the criteria for seeking compensation in more detail throughout our guide.
Additionally, we’ll look at how your personal data could be compromised in a bank data breach. We will also discuss the steps you could take after a data breach.
You can contact our friendly team of advisors if you would like more information. Our advisors can answer any questions you may have. They can also offer you free legal advice 24 hours a day, 7 days a week.
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- Starling Bank Data Breach – Could You Claim Compensation?
- What Data Does The UK GDPR Protect?
- How Could Banking Data Breaches Happen?
- What Steps Could I Take Should A Starling Bank Data Breach Occur?
- How Much Could You Claim For A Bank Data Breach?
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A data breach is a security incident where personal data is accidentally or unlawfully destroyed, lost, or altered. It can also involve your personal data being disclosed or accessed without authorisation. Personal data is any information that could identify you. Some examples of personal data include your name, national insurance number and your home address.
As per the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) data controllers and processors have a responsibility to protect your personal data. As mentioned, controllers set the purpose for processing and can process the data themselves. Processors act on behalf of the controller. This responsibility extends to banks as they are a data controller.
If an organisation fails to adhere to data protection legislation, it could lead to your personal data becoming compromised. However, in order to make a claim, you must be able to prove that your personal data was compromised due to the organisation’s failings and this caused you to experience financial loss or psychological harm.
For information on what you could do if a Starling Bank data breach were to occur, please get in touch using the number above.
How Common Are Data Breaches?
As per these trends, there were 32,541 security incidents were reported between Q2 in 2019 to Q2 in 2022. 3,082 of these incidents were reported in the finance, insurance and credit sector.
The figures are based on the number of reports of personal data breaches received by the ICO up to Q2 2022.
Your personal data is afforded protection under the UK GDPR. This can include:
- Your name
- Email address
- Postal address
- Debit and credit card details
- Phone number
Additionally, extra protection is given to a specific type of personal data known as special category data. This requires additional protection due to it’s sensitive nature. Examples can include:
- Biometric data used for identification purposes
- Data relating to your sexual orientation
- Data relating to your trade union membership
Some of this data may be processed by a bank. If they fail to adhere to data protection law, your personal data could become compromised, which could result in you suffering financial loss and mental harm.
To learn what steps you could take should a Starling Bank data breach occur, please get in touch on the number above.
Generally, data breaches can be divided into cyber and non-cyber incidents, such as cyber attacks or human error.
Some examples of how a personal data breach could occur include:
- The bank not updating its cyber security systems, leaving them vulnerable to online hackers. These hackers could access your banking details in a ransomware attack.
- A staff member emails or posts your personal data to the wrong person. This unauthorised person now has access to your personal information.
- A staff member fails to destroy or dispose of your personal data efficiently. This could lead to someone stealing your personal data.
Please continue reading about the action you could take following a personal data breach.
There are certain steps that can be taken following a personal data breach. For example, you can:
- Make a direct complaint to the organisation responsible. You can also ask them to clarify what personal information was breached. The communication you have with them could be used as evidence if you are eligible to seek compensation.
- Notify the ICO. In some cases, the ICO may investigate your report. If they do, their findings could be used as evidence. However, it is important to note that the ICO cannot award compensation.
- Gather evidence. Bank statements and your medical records could be used as evidence to prove that you suffered financial loss or psychological injuries.
There are also steps that an organisation must take. For example, they must notify the ICO of a breach within 72 hours if it has affected a data subjects rights and freedoms. They must also notify you without undue delay if it has affected your rights and freedoms.
To learn more about the steps that could be taken should a Starling Bank data breach occur, call an advisor using the details provided.
The settlement you could be awarded following a successful personal data breach claim could include compensation for material damage and compensation for non-material damage.
The compensation awarded for non-material damage accounts for the psychological injuries you have suffered due to the personal data breach. For example, you could suffer anxiety or depression due to a data breach.
To accurately calculate the value of your psychological injuries, legal professionals, such as data breach solicitors, can use the Judicial College Guidelines (JCG). This is a document that includes compensation brackets for different types of psychological harm.
We have created a table using the guidelines. However, you should only use this table as a guide, as the amount you are awarded will vary depending on your specific claim.
|Type Of Harm
|(a) Severe: Aspects of daily and working life have been negatively impacted and the prognosis is very poor.
|£54,830 to £115,730
|(b) Moderately Severe: Significant problems with daily life and personal relationships. However, there is a better prognosis than in more severe cases.
|£19,070 to £54,830
|(c) Moderate: A marked improvement will have been made, despite experiencing an impact on several areas of life.
|£5,860 to £19,070
|(d) Less Severe: How much is awarded will depend how long the person suffered and additional factors.
|£1,540 to £5,860
|(a) Severe: Permanent effects will prevent the person from functioning the same as they did pre-trauma.
|£59,860 to £100,670
|(b) Moderately Severe: The person will experience effects that are likely to cause a disability of a significant nature. However, there will be a better prognosis due to professional help.
|£23,150 to £59,860
|(c) Moderate: Person has recovered significantly. Any continuing symptoms will not be majorly disabling.
|£8,180 to £23,150
|(d) Less Severe: Person has made an almost complete recovery within 1 to 2 years.
|£3,950 to £8,180
Material damage accounts for the financial losses that have occurred due to the personal data breach. A bank data breach could expose your bank details, which could result in money being stolen from your account. Providing evidence of these losses could help support your claim, such as bank statements.
To learn more about the data breach compensation you could be awarded after a successful claim, call our team.
An experienced data breach solicitor from our panel could help you with your claim by offering a No Win No Fee service. The solicitors from our panel often offer their services under a Conditional Fee Agreement.
Generally, this means you won’t be expected to pay your solicitor for their services if the claim fails. However, you will be expected to pay them a success fee if the solicitor wins your claim. This is a legally capped amount taken from your compensation.
To learn more about this service, please get in touch with an advisor. They can also provide guidance on the steps that you could take should a Starling Bank data breach occur.
You can contact them by:
Learn More About Bank Data Breach Claims
For more articles by us about personal data breach claims:
- Claim for a misdirected fax data breach
- Common causes of data breaches.
- Stolen or lost devices data breach claims
Or, if you are looking for additional resources:
- ICO – Report a breach.
- ICO – How to minimise the risk of a personal data breach happening.
- NHS – Post-traumatic stress disorder
We hope this guide exploring the steps that you could take should a Starling Bank data breach occur has helped. For more information, please get in touch using the details provided.
Article by EO