In this guide, we will explain the steps you could potentially take should your personal data be compromised in an NHS data breach. For compensation claims after a data breach to be valid you must satisfy the eligibility criteria that we set out later in this guide.
This guide also includes information on what a breach of medical data is and how a breach could occur comprising your personal data.
Finally, we’ll discuss No Win No Fee solicitors and how one of our solicitors could help you claim following a breach. To learn more or to get started, contact our team today by:
- Calling on 0333 241 2521
- Contacting us online
- Using the live chat feature
What Are Medical Data Breach Compensation Claims?
The personal data of UK residents is protected by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). These two pieces of legislation set out the responsibilities for data controllers, those who set the means and purpose for processing, and data processors, those who act on the controller’s instruction.
Controllers and processors must adhere to data protection law when processing, handling and storing your personal data. If they fail to do so, it could lead to a personal data breach that compromises data concerning your health, including medical records.
A personal data breach occurs when the integrity, confidentiality, or availability of your personal data is compromised in a security incident. Under the legislation mentioned above, data concerning your health is classed as special category data. This means it receives more protection than standard personal data.
How Can Medical Data Breaches Happen?
Medical data breaches can happen in a number of ways, with examples of some common causes including:
- Wrong postal address: If a letter containing your medical data is sent to the wrong postal address, this could allow an unauthorised party to access it.
- Loss of records: If your medical data has been lost or misplaced, this could mean that your medical records are not available when needed.
- Cyber security incident: If an organisation has inadequate cybersecurity policies in place, this could allow cybercriminals to hack into their systems and steal your personal data.
If there has been a failure to adhere to data protection laws, the Information Commissioner’s Office (ICO) can take enforcement action against the organisation responsible. The ICO is an independent body that upholds the rights and freedoms of data subjects in the UK. Whilst they can investigate your concerns, they are not able to award compensation for the way a data breach has affected you.
Call our advisors to discuss the potential steps you could take if you receive a notification that your personal data was involved in an NHS data breach. Compensation claims could benefit from the help of a legal professional so call and have your case assessed for free today.
Who Could Make NHS Data Breach Compensation Claims?
In order to form the basis of a valid medical data breach claim, you must be able to prove that:
- The controller or processor processing your personal data did not meet their responsibilities as set out by data protection legislation,
- This caused a personal data breach that affected your personal data,
- You suffered harm as a result. This harm could be psychological, financial, or both.
You must also start your claim within 6 years. This is generally the time limit for beginning legal proceedings in data breach claims. Contact our team today to learn more.
What Evidence Do I Need To Prove A Data Breach Claim?
Collecting evidence is an important part of making a medical data breach claim. Some examples of evidence that you could use include:
- A letter of notification informing you of the breach.
- Correspondence with the organisation responsible.
- Correspondence with the ICO.
- Medical reports that detail the psychological harm you suffered.
- Financial documents illustrating the financial losses you suffered.
One of the benefits of choosing to work with a solicitor is that they can help you gather this evidence. To learn more, contact our team today.
Could I Claim On A No Win No Fee Basis For An NHS Data Breach?
Our solicitors could take on your claim under the terms of a specific No Win No Fee agreement. Whilst there are different types of these agreements, the one they offer is called a Conditional Fee Agreement (CFA), which allows you to access their expert services without paying any fees for their work upfront, as your claim continues, or if it fails.
However, should your claim succeed, your data breach solicitor will take a success fee. The fee is taken out of your compensation as a small, legally-capped percentage. This legislative cap ensures that you keep the majority of what you receive.
To learn about how one of our solicitors could help you make a medical data breach claim, contact our team today by:
- Ringing on 0333 241 2521
- Contacting us online
- Using the live chat feature
Further Resources
For more helpful guides:
- Find out how to claim if your child’s data has been breached and learn more about your options.
- Get help protecting your data from further harm after a personal data breach.
- Learn how revealing your email address could result in a personal data breach claim with our helpful guide.
Or, for further information:
- ICO – Be Data Aware
- National Cyber Security Center – What We Do
- GOV.UK – Make A Data Protection Complaint
If you have any other questions about when and how to make a medical data breach claim, call an advisor on the number above.
