A bank data breach can leave you feeling exposed, violated, and uncertain about what to do next. Whether your bank account details were shared with an unauthorised person, or your sensitive personal data was exposed due to a security lapse, the emotional and financial consequences can be deeply distressing. At How To Sue, we understand how overwhelming this experience can be, and we’re here to help you take control. This guide explains exactly how to sue for bank data breach compensation and how we can support you through every step of the claims process.
What You Need To Know
- Personal data is any type of data that can identify you.
- You could be entitled to compensation if a bank data breach caused you emotional distress or financial harm.
- Evidence such as bank statements, emails from the bank, and medical reports can help support your claim.
- Our panel of No Win No Fee data breach solicitors can handle your claim from start to finish while you focus on recovery.
Take the first step towards claiming compensation. For free advice, contact us today at a time that suits you:
- Call 0800 408 7827
- Fill out our Contact Us form
- Send a message in our live on-screen chat box.
Jump To A Section
- How To Sue For Bank Data Breach Compensation
- What Could Cause A Bank Data Breach To Happen?
- Examples Of Bank Data That Could Be Involved In A Breach
- How Much Compensation Can Be Paid For A Bank Data Beach?
- Will I Need Evidence If I Want To Sue For Bank Data Breach Compensation?
- How Can A No Win No Fee Solicitor Help My Data Breach Claim?
- Why Choose How To Sue
- Learn More
How To Sue For Bank Data Breach Compensation
You could be entitled to bank data breach compensation if a bank or financial institution failed to protect your personal data, and this failure caused you harm.
Banks act as data controllers (organisations that determine why and how your personal data is processed). Data processors are third parties that processes data on the controller’s behalf. Banks, however, may not use an external third party or may act as the data processors themselves.
Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, data controllers and processors are required to handle your information securely and lawfully. If they fail to do so, a personal data breach could occur.
The Information Commissioner’s Office (ICO) is an independent body created for the purpose of upholding your rights in relation to the processing of your personal data. They define a personal data breach as a security incident that compromises the integrity, confidentiality, and availability of your personal data.
As such, Article 82 of the UK GDPR outlines that the following conditions must be met to have an eligible personal data breach claim:
- The bank failed to comply with data protection law, resulting in a data breach.
- Your personal data was involved in the breach.
- You suffered financial loss, emotional harm, or both as a result of the breach.
There are also strict time limits to make a bank data breach claim. To find out what these time limits are, please contact our advisors.
Contact us today to check your eligibility.
What Could Cause A Bank Data Breach To Happen?
A bank data breach could potentially happen through human error or due to the lack of cybersecurity systems.
Here are some specific examples of how a bank data breach might occur:
- Your bank statements were emailed to the wrong customer due to a staff member entering an incorrect email address. The recipient was able to access your personal and sensitive data, which caused you to suffer from debilitating anxiety.
- A bank employee accessed your financial records without authorisation and shared them with a third party. This personal data was later used in a phishing scam that left you with significant financial losses.
- An unencrypted laptop containing customer bank account details was stolen from a branch office. The device had no password protection, meaning unauthorised individuals gained access to your name and postal address.
- Your mortgage documents, including salary and credit information, were posted to your previous home address after the bank failed to update your details despite being notified. These documents were opened and misused by the new occupants.
- The bank’s internal payment processing system was targeted in a cyberattack. It was later discovered that the bank, acting as the data processor, had failed to keep its cyber security measures up to date. As a result, hackers accessed sensitive financial data including debit card numbers and account login details.
If your bank failed to handle your personal data responsibly and this led to a breach, you may have a right to compensation. Contact us today for help on how to sue for bank data breach compensation tailored to your circumstances.
Examples Of Bank Data That Could Be Involved In A Breach
Banks hold a wide range of personal data and special category data that could be compromised during a breach. Special category data is personal data that is more sensitive and requires extra protection.
Here are some examples of bank data that could be involved in a data breach:
- Full name, address, date of birth.
- Bank account and card details.
- Login credentials and passwords.
- Financial statements and transaction history.
- Copies of ID or proof of address.
- Medical records if shared for affordability checks.
- Disability status, if part of an equality monitoring process or loan affordability assessment.
If this personal data is accessed by an unauthorised person, it could lead to identity theft, fraud, and psychological harm, such as post traumatic stress disorder or emotional distress.
Your data should be handled with care. If it wasn’t, contact us today for a free consultation about your rights on how to sue for bank data breach compensation.
How Much Compensation Can Be Paid For A Bank Data Breach?
Compensation after a bank data breach is designed to address both material damage and non-material damage.
Non-material damage refers to the psychological and emotional harm you may have experienced after a bank data breach. This can have a serious impact on your day-to-day wellbeing.
Examples of non-material damage caused by a bank data breach may include:
- Feelings of anxiety, stress, or vulnerability
- Loss of sleep or development of insomnia
- Depression or deterioration of existing mental health conditions
- Loss of trust in financial institutions or fear of further breaches
- Social withdrawal or strained personal relationships
- Impact on your work, studies, or daily routine
To help assess the value of non-material damage, legal professionals may refer to the Judicial College Guidelines (JCG). This is a publication that sets out guideline compensation brackets for different types and severities of injury, including mental health conditions.
Except for the top row, the table below has been created using the harm and figures found in the JCG. It’s important to remember though that the figures below are only guidelines, and the exact amount of compensation you could receive will depend on your specific circumstances.
| Non-material damage | Severity | Guideline compensation figures |
|---|---|---|
| Multiple serious types of non-material damage + material damage | Serious | Up to £250,000+ |
| General psychological damage | Severe (a) | £66,920 to £141,240 |
| Moderately severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less severe (d) | £1,880 to £7,150 | |
| PTSD | Severe (a) | £73,050 to £122,850 |
| Moderately severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less severe (d) | £4,820 to £9,980 |
What If A Bank Data Breach Resulted In Financial Losses?
Material damage refers to the financial impact of a bank data breach. You can claim compensation for it even if you haven’t suffered non-material damage. Likewise, you can also claim for non-material harm even if no financial losses occurred.
Here are some examples of material damage that could potentially be caused by a bank data breach:
- Loss of earnings, if you had to take time off work due to stress, anxiety, or the practical impact of dealing with the breach.
- Relocation costs, if you had to move home due to concerns for your personal safety following the breach.
- Home security expenses, such as installing new locks or alarms if your address or access details were compromised.
- Therapy or counselling costs, if you needed professional support to recover from the mental effects of the breach.
You will need to provide evidence to support claims for material damage, such as receipts, invoices, payslips, or bank statements showing the financial losses you’ve experienced.
To find out how to sue for bank data breach compensation, please contact us today.
Will I Need Evidence If I Want To Sue For Bank Data Breach Compensation?
Yes, to make a successful bank data breach claim, you will need to provide evidence that proves how you’re suffering emotionally and/or financially because a bank exposed your personal data. This can significantly improve your chances of making a successful claim.
The types of evidence that can help are as follows.
Proof of your psychological harm:
- Medical records showing the impact the breach had on your mental health.
- A diagnosis letter from a psychiatrist or psychologist outlining conditions such as anxiety, depression, or PTSD.
- GP notes referring you for counselling or therapy sessions.
Proof of your financial harm:
- Payslips showing lost income due to time off work.
- Invoices for therapy, relocation services, or home security upgrades.
- Bank statements highlighting fraudulent transactions or unauthorised activity.
Proof of the data breach:
- A notification letter or email from the bank informing you of the breach.
- Findings from an ICO investigation if you raised a complaint – If your bank has breached your personal data, they must report the incident to the Information Commissioner’s Office (ICO) within 72 hours of them knowing about the incident. If you want to make a report to the ICO yourself, you can do so within 3 months of your last meaningful communication with the organisation responsible. If reported in time, the ICO may investigate and provide findings that support your claim.
Correspondence with the organisation responsible:
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Emails or letters asking the bank for an explanation of how the breach happened, what personal data of yours was affected, and what steps they are taking to prevent similar incidents in the future.
If you’re connected with our panel of solicitors, they can help you gather the necessary evidence to support your claim, as part of their service designed to make the claims process as straightforward and stress-free as possible. So, for help with how to sue for bank data breach compensation, please contact us today.
How Can A No Win No Fee Solicitor Help My Data Breach Claim?
A No Win No Fee agreement means you can instruct a data breach solicitor for your bank data breach claim, no matter the financial situation you’re in.
Our panel of solicitors offer Conditional Fee Agreements (CFAs) specifically, which are a type of No Win No Fee contract. When working with a data breach solicitor under a CFA, there are:
- No fees ongoing or upfront for your solicitor’s services.
- No fees at all for your solicitor’s services if the claim is unsuccessful.
If the claim is successful, only a small percentage will be deducted by your solicitor. This percentage is called the ‘success fee’, is legally-capped, and is agreed upon before the claim begins.
Speak to us now to find out how to get started.
Why Choose How To Sue
At How To Sue, we understand how upsetting and overwhelming it can be to deal with the aftermath of a bank data breach. That’s why we make it our mission to ensure the claims process is handled with care, clarity and confidence, so you can focus on your recovery while we focus on your claim.
When you get in touch with us, we can connect you with a panel of data breach solicitors who are highly experienced in handling compensation claims under data protection law. Their goal is to make the process as simple and stress-free as possible, offering a comprehensive range of services, including:
- Access to rehabilitation, including physiotherapists, psychologists, occupational therapists, and other relevant specialists.
- Arranging an independent medical assessment to support your claim for non-material damage.
- Help with gathering evidence.
- Breaking down and explaining legal terms so you feel confident and informed.
- Guiding you through the claims process step by step, answering all your questions.
- Negotiating a settlement on your behalf to maximise your compensation.
- Handling all communications with the bank, third parties, and the courts.
- Assistance in applying for interim payments if you need support before your claim settles.
From start to finish, your claim will be handled professionally and efficiently, with a strong focus on achieving a successful outcome. Let us help you take the next step.
Get In Touch With Our Advisors
Get free advice on how to sue for a bank data breach today by:
- Calling 0800 408 7827
- Filling out our Contact Us form
- Sending a message in our live on-screen chat box.
We can help you understand your rights, check your eligibility and connect you with a No Win No Fee solicitor from our trusted panel.
Learn More
Explore more of our similar guides here:
- How to sue for a post office data breach.
- How to sue your employer for a data breach.
- How to sue for a HMRC data breach.
Additionally, explore more helpful resources here:
- NHS – get help with anxiety, panic, and fear
- National Cyber Security Centre (NCSC) – data breach guidance.
- ICO – look at data security incident trends
Ready to take the next step? Get in touch today to discover exactly how to sue for bank data breach compensation and what you could be entitled to.