Have you been involved in a debit card data breach and are now wondering how to report a data protection breach? You might also have questions such as:
- When can I make a data breach claim?
- How do I claim compensation for a data breach
- What constitutes a data breach?
As long as the breach was caused by the data controller or processor’s wrongful conduct, and this in turn caused you to experience financial or mental harm, you may be able to claim.
We will look at the ways in which your personal data may be compromised, such as through cybercrime or human error. As well as the data breach compensation that you may be owed if your case is won.
Additionally, we will explore the steps you can take to strengthen data breach claims, for instance, acquiring evidence or hiring a data breach No Win No Fee solicitor.
Although if you would prefer, you can speak directly to an advisor from our team. They are available 24/7 to offer free legal advice. You can get in touch by:
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- Can I Claim For A Debit Card Data Breach? – A Guide
- How Could A Debit Card Data Breach Happen?
- What Is My Potential Data Breach Payout?
- Debit Card Data Breach – Potential Evidence Needed To Claim
- Why Make A No Win No Fee Data Breach Claim?
- Learn More About Data Breach Claims
A personal data breach is defined as a security incident that has an effect on the confidentiality, integrity or availability of your personal data. Moreover, personal data is information that can be used to identify you. For instance, your name, address, medical records, or bank details.
However, not all data breaches may lead to a data breach claim. As previously stated and outlined by the Data Protection Act 2018 (DPA) in conjunction with the UK General Data Protection Regulation (UK GDPR), there has to be wrongful conduct on behalf of the data controller or processor. The breach also has to include your personal data, and it must cause you to suffer harm.
To find out if you could be eligible to claim for a debit card data breach, contact our advisors today.
As previously mentioned, the UK GDPR specifies the criteria your claim must meet in order to be valid. This includes wrongful conduct on the part of the data controller or processor leading to the breach. Some examples of how wrongful conduct could lead to a debit card data breach can include:
- Your debit card details being sent to the incorrect email address or postal address by a bank employee
- Despite informing your bank that you changed address, they send your debit card to your old residence
- Confidential data being verbally disclosed over the phone without the proper security checks being carried out
- An online store not having cybersecurity defences in place and being hacked, which leads to your personal data being stolen
If you would like more information on the scenarios that could lead to a debit card data breach claim, please get in touch with a member of our team.
If your debit card data breach claim is successful, the payout you could receive may comprise two heads of claim. These are called non-material and material damage.
Firstly, non-material damage compensates you for any psychological injuries endured due to the data breach. This could come in the form of distress, anxiety, depression or post-traumatic stress disorder (PTSD), for example.
We have included a table of compensation amounts from previous court cases via the Judicial College Guidelines (JCG).
Despite this being a document that legal professionals use to aid them when valuing claims, these compensation amounts should only be used as guideline amounts. This is because each data breach claim is unique, and the settlement you may receive could differ.
|Mental harm||Severe||£54,830 to £115,730||The injured person has difficulty dealing with life following an unsuccesful treatment which leads to a significantly negative prognosis.|
|Mental harm||Moderately Severe||£19,070 to £54,830||Sizeable issues coping with day-to-day life, such as employment. Prognosis shows improvement.|
|Mental harm||Moderate||£5,860 to £19,070||Symptoms show marked improvement by the time of trial.|
|Mental harm||Less Severe||£1,540 to £5,860||Compensation for this bracket is determined by the timescale of recovery takes as well as its impact on lifestyle.|
|Anxiety disorder (Reactive)||Severe||£59,860 to £100,670||Involves permanent effects that prevent the injured person from working or functioning at anything approaching the pre-trauma level.|
|Anxiety disorder (Reactive)||Moderately Severe||£23,150 to £59,860||A better prognosis will be achieved after receiving medical help.|
|Anxiety disorder (Reactive)||Moderate||£8,180 to £23,150||There is a large amount of recovery, though non-disabling symptoms may remain.|
|Anxiety disorder (Reactive)||Less Severe||£3,950 to £8,180||The injured person has almost completely recovered within 1-2 years.|
Material Loss In A Data Breach Claim
You could also be awarded material damage which is particularly relevant when considering debit card data breach claims. This seeks to reimburse you for the financial damages you might suffer due to your personal data being compromised. For example, criminals may steal money from your bank account. Or, they could make fraudulent purchases using your debit card or credit card, leaving you in debt and arrears. This may also have an impact on your credit score
For a free consultation of your claim, contact our advisors today.
You may be wondering what steps to take after finding out your personal data was included in a personal data breach. Following a breach of your debit card data, you could:
- Complain to the data controller or processor to find out exactly what personal data has been compromised.
- If no satisfactory response is received within a 3-month period, you can complain to the Information Commissioner’s Office (ICO) and ask them to investigate the issue.
- At the same time, you can seek legal advice.
Furthermore, you may wish to acquire as much evidence as possible to help strengthen your claim. You can do this by:
- Keeping a record of the communication between yourself and the data controller or processor regarding the debit card data breach.
- Having your psychological injuries medically assessed
- Keeping a record of any financial losses, such as invoices or bills
One of our advisors can help provide more information on the data breach claims process as well as a more detailed insight as to what evidence you can gather. Get in touch to learn more.
You may be wondering how a No Win No Fee solicitor could help you with your claim.
A data breach solicitor from our panel might represent you under a Conditional Fee Agreement (CFA). Solicitors that are hired under a CFA typically will not ask for ongoing or upfront fees. In the event of a successful claim, the only fee your solicitor will require is a success fee. This is a small percentage that is deducted from your final compensation amount. But, if your claim isn’t successful, you will not pay this fee.
To find out whether you are eligible to hire legal representation under a CFA, do not hesitate to get in touch with one of our advisors. If you are, they may connect you with a solicitor from our panel to help with your debit card data breach claim.
Contact Us 24/7 For Free To See If You Can Claim For A Data Protection Breach
One of the data breach No Win No Fee solicitors from our panel can use their years of experience to cover all areas of your claim. Contact our advisors today for a free consultation and to find out if you could be eligible for compensation:
Here we have included some additional guides relative to data breach claims that you might find useful:
We have also provided you with some of our own guides that might be of help:
Thank you for reading our guide on what to do if you have been involved in a debit card data breach.
Writer Beck Pace
Editor Cat Hunt