My Data Privacy Was Breached By TSB Bank, Could I Claim Compensation?
The security of your money is probably one key criterion used when choosing which bank to use. However, do you consider the safety of your personal data? Personal information security laws have been tightened by the introduction of the General Data Protection Regulation (GDPR). However, even with new legislation mistakes are still possible. For that reason, in this guide, we are going to explain why data protection breach claims against TSB bank might be possible. We will also show the harm that data breaches can cause, why you may be eligible for compensation and the potential amounts that might be paid.
Legal Helpline can offer support if you are thinking of making a claim. We have a team of specialist advisors who are happy to review your case. As well as providing free advice on your options, they could also connect you with a data breach lawyer from our panel. If your case is viable, and it’s taken on by a lawyer, you will benefit from a No Win No Fee service.
We are here to answer any questions when you’re ready to begin. To get in touch with a specialist today, you can call 0161 696 9685. If you’d like more information about TSB data protection compensation claims before calling, please continue reading.
Select A Section
- A Guide On Data Protection Breach Claims Against TSB Bank
- What Are Data Protection Breach Claims Against TSB Bank?
- Does The GDPR Affect Third-Party Data Sharing?
- Explaining The TSB Customer Data Breach
- Data Protection Breach Compensation Calculator
- Damages Which Could Be Awarded After A Data Breach
- How Do I Report A Financial Data Breach To The ICO?
- Make A Data Protection Breach Claim Against TSB Bank With A No Win No Fee Solicitor
- How Do I Get Help From A Specialist Data Breach Solicitor?
- What Steps Should I Take If Affected By A Data Breach?
- Contact A Specialist Solicitor
- Frequently Asked Questions About Banking Data Breaches
- Where Can I Learn More About Data Breaches?
A Guide On Data Protection Breach Claims Against TSB Bank
Protecting your personal data is becoming more important as we move towards a more digital era. With banking websites and apps becoming the normal way to carry out financial transactions, data security risks may increase.
Luckily, the GDPR and The Data Protection Act 2018 have been implemented to make security tighter. As a result, you (the data subject) are more in control of how your data is used than ever. That’s because data controllers (banks and other organisations) often have to ask your permission to use your information and tell you why it is required. This can form the lawful basis they require before being allowed to process personal information under the GDPR.
Additionally, data security processes and procedures need to be followed according to the new legislation. If they’re not, and a data protection breach occurs, the Information Commissioner’s Office (ICO) has the powers to take action. After an investigation, the ICO can enforce changes on how organisations work. They are also able to dish out financial penalties. Unfortunately, they can’t give you compensation for any damage resulting from data breaches. That’s why we have written this guide about taking action yourself.
Time limits apply to data breach claims. Usually, you will get a 6-year limitation period. However, a few cases only have one year if they are based on human rights breaches, so you may wish to consult with an advisor from our team.
We will explain why data protection breach claims against TSB bank might be needed as we continue. Importantly, though, they don’t just centre around the cyberattackers, ransomware or other digital data exploits you may have read about. For example, if your bank statement is sent to the wrong customer in the post, then a data breach may also have occurred.
What Are Data Protection Breach Claims Against TSB Bank?
Banks record and process vast amounts of sensitive or personal data every day. That’s fine as it helps them to keep track of our money and our transactions. However, financial institutions do need to try to keep that information from prying eyes.
A TSB Bank data breach could happen if a security problem leads to your personal information being lost, accessed, disclosed, destroyed or altered using methods you’ve not agreed to. As well as criminal and deliberate acts, data breach claims could be possible for accidental breaches too.
You will need to prove that two things have happened to be eligible to claim:
- A GDPR data breach involving your information took place, and;
- As a result, you have suffered either financial damage or mental damage, such as distress, anxiety or depression.
When we talk about damage, this refers to financial losses or psychiatric injuries like depression, distress or anxiety, all caused by the data breach.
Cybercriminals are finding more and more innovative methods of hacking into databases to gain access to personal data. However, innocent human error could also lead to similar levels of suffering. For example, if a bank threw statements away with normal rubbish (rather than securely shredding them), you could claim if you suffer after they reach the public domain.
Any form of data, whether physical or digital, that could help to identify you is covered by the GDPR. This includes direct identification (names, telephone numbers, addresses and email addresses) as well as indirect identification (details about your marital status, sexual orientation, disabilities or ethnicity).
Does The GDPR Affect Third-Party Data Sharing?
As banking relies more and more on digital data processing, sharing of your data may be required. For example, many people use apps based on Open Banking technology which allows your bank to share information about your transactions.
However, any sharing must have a lawful basis. In some cases, that might mean that you tick a box to allow your transaction data to be shared.
If sharing goes ahead without a lawful basis, it might mean that a GDPR breach has occurred. On that basis, you could be entitled to compensation if the breach causes you to suffer.
If you have evidence that your banking data has been shared illegally, why not call to discuss your options? A specialist from our team can review what’s happened and let you know if you have a chance of recovering compensation.
Explaining The TSB Customer Data Breach
In this section, we are going to provide details of a reported data breach involving TSB Bank that resulted in contact from the ICO.
The incident happened following a migration of customer data to a new banking platform in 2018. Whist the transfer of data was reported to be successful, customers soon began reporting problems.
One customer said he was able to see details of different customer’s accounts whilst another said he’d received an erroneous deposit of £13,000 into his account.
Data Protection Breach Compensation Calculator
We are going to move on to look at potential compensation figures that could be paid following banking data breaches. In this section, we are concerned with psychiatric injuries that could follow a data breach, such as distress, Post-Traumatic Stress Disorder (PTSD) and anxiety.
The Court of Appeal made two pertinent decisions when hearing the case of Vidal-Hall and others v Google Inc . Those decisions mean that:
- Claims for psychiatric injuries can be made regardless of whether any financial losses resulted from the data breach. Prior to this, financial damage was required to recover compensation for mental harm.
- Mental injuries should be valued using levels paid in personal injury law.
Therefore, to give you an insight into potential compensation awards in data breach claims, we’ve used data from the Judicial College Guidelines (JCG) in our table below. Legal professionals refer to the JCG when settling personal injury claims.
|Claim||Seriousness||Award Bracket||Additional Notes|
|Psychiatric Damage||Severe||£51,460 to £108,620||There will be a very poor prognosis offered in this category. That's because the claimant won't benefit from treatment, they will be vulnerable, unable to deal with work or life and will have difficulties with relationships.|
|Psychiatric Damage||Moderately Severe||£17,900 to £51,460||The prognosis will be more optimistic in this category. That said, the claimant will still suffer significantly and similarly to above.|
|Psychiatric Damage||Less Severe||Up £5,500||Minor symptoms of anxiety, depression or stress that resolve completely in a short space of time|
|Post-Traumatic Stress Disorder||Severe||£56,180 to £94,470||The claimant won't be able to return to pre-trauma levels of functioning due to permanent serious PTSD symptoms. Furthermore, they won't be able to work.|
|Post-Traumatic Stress Disorder||Moderately Severe||£21,730 to £56,180||While not permanent, the symptoms in this category will be the same as above. However, because professional help is likely to help, there will be a better prognosis.|
It is important that you can demonstrate the extent of your injuries when claiming, as well as establishing the causal link between the damage suffered and the breach. Therefore, during your claim, you will have to attend a medical assessment conducted by an independent expert. Our panel of lawyers always try to ensure these appointments are held locally.
In your meeting, the expert will refer to your medical records and ask questions about your suffering. They will also try to determine if you are likely to suffer further in the future. After the meeting is over, they will write their prognosis and list your injuries in a report for your solicitor. Your solicitor will then use this report to prove the damage caused and value your injuries.
Damages Which Could Be Awarded After A Data Breach
There is a lot to consider when claiming for the suffering that has been caused by data breaches. That is because, whilst you will begin with any suffering that you’ve already endured, you may have to consider future suffering as well. You can’t make more than one claim so everything must be included.
The first element in your claim might be material damages. This is claimed if you had money taken from you as a result of the breach, or if your finances have been harmed, such as your credit rating.
Your first calculation should be quite straightforward. You’ll be able to use bank statements and receipts to work out the total amount already lost. Then you may need to look at future financial losses as well. For example, when your personal data is circulating on the internet, it could continue to be used by criminals until you successfully migrate to a new bank account.
The second part of your claim could be for non-material damages. This is compensation that could cover any psychological suffering that the breach has caused. You’ll usually claim for injuries that have already been diagnosed first. Then you might need to refer to your medical prognosis (please see the previous section) to determine if you could suffer in the future.
How Do I Report A Financial Data Breach To The ICO?
You might think that the first thing you should do if you’re affected by a data protection breach is to call the ICO. However, they won’t take your complaint up unless you’ve followed the correct process.
That means that you will need to complain to TSB Bank first. When you’ve received a response, you should follow any escalation routes available if you aren’t satisfied with the answer. Then you can contact the Information Commissioner’s Office if you still don’t receive a satisfactory response and the complaint has been dormant for 3-months.
The ICO’s legal powers mean that it can take action against any company found to have broken the rules. That can include making them change the way they work or handing out a fine that could be for millions of pounds. You might be disappointed to hear, though, that they won’t compensate you.
Make A Data Protection Breach Claim Against TSB Bank With A No Win No Fee Solicitor
Claims sometimes don’t get made in fear of paying for expensive lawyer’s fees. However, we can reduce that worry because we have a panel of No Win No Fee data breach lawyers on hand to help. If they accept your case, you’ll get access to an experienced specialist but the claims process will be less stressful.
Before accepting your case, the lawyer will need to review its merits. If they agree to take you on as a client, their work will be funded by a Conditional Fee Agreement (CFA). This is the formal title of a No Win No Fee agreement and serves as the contract between you and your lawyer. It will explain what conditions your lawyer needs to achieve if they are to be compensated. Furthermore, you will see that:
- No funds are requested upfront by the lawyer.
- You won’t be asked to pay the lawyer’s fees while they deal with your claim.
- Your lawyer’s fees won’t be billed to you if the claim does not succeed.
Where a claim is won, your lawyer will deduct a success fee from your settlement amount. This is listed in the CFA as a success fee which is a small percentage of your compensation. It is used to cover your lawyer’s time and effort and, by law, it is capped to prevent you from losing too much compensation.
How Do I Get Help From A Specialist Data Breach Solicitor?
Our advice relating to data breach claims is that you stand a better chance of receiving the correct amount of compensation with a data breach solicitor on your side. If we connect you to a lawyer from our panel, and they agree to represent you, they will:
- Discuss your case in detail with you to get a full understanding of how you were affected.
- Work to gather evidence that could substantiate your claim.
- Make an appointment for a local medical assessment.
- Collate all elements of your claim and then submit it to the bank in question.
- Manage communication with the defendant so you don’t need to speak with them.
- Try to make sure that compensation is paid at the highest level possible.
What Steps Should I Take If Affected By A Data Breach?
As we have covered a lot of ground in this article, we are going to briefly reiterate how you could proceed with a claim. If you have been harmed by a TSB Bank data breach, you should:
- Complain formally to the bank and explain your concerns.
- Escalate the complaint where possible if you do not agree with the reply.
- After 3-months have passed since you last discussed the complaint in any detail, you can speak to the ICO.
- The ICO could investigate and may fine the bank or tell them to change their data protection processes.
- To claim compensation for any harm, you’d need to take legal action.
If you decide to proceed with a claim, you don’t necessarily need to involve the ICO. Instead, you might choose to contact Legal Helpline. If your case is accepted by a lawyer on our panel, they’ll advise if you should contact the ICO after reviewing your case thoroughly.
Contact A Specialist Solicitor
We have almost finished providing information about making data protection breach claims against TSB Bank. Hopefully, we have explained the options available to you if you’ve suffered following any type of data breach. If you are now interested in starting a claim, why not contact our team? To get in touch, you can:
- Contact our advice centre on 0161 696 9685 to see what options are available.
- Ask one of our online advisors for free advice via live chat.
- Send an email detailing the effects of the data breach to [email protected].
- Ask to be called back by completing our claim enquiry form.
When you get in touch, you will be given free claims advice during a no-obligation telephone consultation. You won’t be obliged to claim with us but, if you do, we could appoint a specialist data breach lawyer from our panel. If they decide your claim is strong enough, they could proceed with your case on a No Win No Fee basis. Please call today for further information.
Frequently Asked Questions About Banking Data Breaches
Now that we are nearly at the end of this guide, we have answered some data breach questions in this section. If you still have any outstanding queries, please call our specialists today.
Who has been hacked recently in 2020?
In the past year, many data breaches have been reported in the media. Examples include a Scottish Borders Council breach affecting around 600 customers, a Npower App attack that exposed some customer’s data and an NHS Highland breach where 284 patient’s details were sent to members of the public.
What is an example of a data breach?
There are many different types of data breaches. A simple example is where a letter or email containing personal information about you is sent to the wrong address. This may be because your contact details were never updated or because another customer’s address was used mistakenly.
Do data breach claims go to court?
Court cases are generally rare, with only around 5% of claims reaching that stage. They are only needed if an amicable agreement can’t be reached between the defendant and claimant.
Am I entitled to data breach compensation?
Compensation may be possible following a data breach if it has resulted in you suffering. That could mean making a claim for financial losses or suffering that results from anxiety, depression or distress.
Where Can I Learn More About Data Breaches?
In this final section of our article on data protection breach claims against TSB Bank, we have supplied some resources that we believe may be helpful. If you require any other information, please get in touch with a specialist advisor.
Managing Anxiety – An NHS article that relates to the coronavirus pandemic but contains some relevant generic guidance.
The ICO Breach Register – The latest enforcement action and fines issued by the ICO.
In the next section, you will see some more of our data breach-related articles.
Police Data Breach Claims – Advice on claiming for suffering caused by a police data protection breach.
Claim For A Premier Inn Breach – Information on why you could be compensated if harmed by a Premier Inn GDPR breach.
Breaches By Housing Associations – This guide explains why you could be compensated if your housing association breaches the GDPR.
Thank you for reading our guide to data breach claims against TSB Bank.