After a medical conditions data breach, you could be left feeling mentally exhausted and at a loss. However, you could be able to claim medical data breach compensation. We’ve put together this guide to teach you how to make a valid claim following a medical data breach.
A guide on making a medical conditions data breach
Before we begin, you should be aware of what legislation is in place to protect you from a data breach of medical records. The UK General Data Protection Regulation (UK GDPR) sets out key principles that should be followed by organisations that control or process personal data. The Data Protection Act 2018 (DPA) sits alongside the UK GDPR and sets out the framework for data protection law in the UK.
Our team of advisors are dedicated to helping people with eligible claims. You can head to our contact page for help now. Otherwise, call the number above or connect to an advisor instantly using our live chat service. They could help you find data breach claim solicitors.
Choose A Section
- Guidance On Claiming Compensation Against A Medical Professional For A Data Breach
- What Is A Medical Conditions Data Breach?
- Examples Of Data Breaches Involving Medical Professionals
- How Much Could I Get For A Medical Conditions Data Breach?
- How To Get A No Win No Fee Agreement
- Further Information About Medical Conditions Data Breaches
Guidance On Claiming Compensation Against A Medical Professional For A Data Breach
After a medical conditions data breach, it can be helpful to identify the key principles of the UK GDPR. One of the major components of the legislation is that personal data should be processed fairly, lawfully and transparently. Organisations should also:
- Only use data for the reasons specified
- Keep what data is necessary and relevant
- Update any information as and when required
- Securely dispose of unnecessary data
- Make sure data is safely processed and stored using appropriate safety measures
In order to be able to claim for a data breach, you’d need to show that:
- Your personal data was involved in a data breach.
- The data breach was caused by the wrongful conduct of the organisation that was supposed to protect your personal information. For example, an organisation may have been lawfully processing your personal data, but the data privacy and protection training given to staff was substandard, which allowed a data breach to happen.
- You suffered psychological harm or financial losses, or both, as a result of the data breach.
If you think you have a strong case to claim GDPR compensation, our advisors can offer free legal advice. If you do speak to an advisor, they could connect you to a No Win No Fee solicitor from our panel.
What Is A Medical Conditions Data Breach?
The Information Commissioner’s Office (ICO) enforces data protection law in the UK and may impose penalties on organisations that commit a medical conditions data breach. The ICO breaks down a personal data breach into three categories:
- An availability breach is when access to personal data is lost, or the data is purposely or accidentally destroyed;
- A confidentiality breach occurs when an unauthorised person accesses or discloses personal data;
- And finally, an integrity breach happens when someone deliberately or accidentally alters personal data.
In order to claim for a medical conditions data breach, it is important that you can prove the data controller or data processor’s failings caused it. Data controllers decide how and why personal information will be used. A GP or healthcare provider could be a data controller. Whereas, a data processor would be an external company that processes data on behalf of a healthcare organisation.
If you have evidence that there has been some form of positive wrongful conduct on the part of the data controller or data processor, you might have grounds for a valid claim. However, it is essential that you suffered mental harm or financial loss as a result of your medical conditions data breach. Our advisors can give you a free consultation of your case.
Examples Of Data Breaches Involving Medical Professionals
Data breaches may lead to digital data or physical data being compromised. Security incidents may happen as a result of cybercrime; for example, phishing scams or ransomware threats, or could occur due to human error. Let’s go through some examples of human error data breaches involving medical professionals:
- A failure to use BCC in emails: BCC is a method of sending emails to multiple recipients without them knowing who else might receive the email. Any email addresses put in the BCC field are invisible to other recipients. Therefore, if CC is used instead, other recipients will be visible. In 2021, the ICO fined HIV Scotland £10,000 after the charity sent an email to 105 people using CC instead of BCC. Some of the email addresses identified people by name. The ICO said that recipients could assume the HIV status of other recipients because of the data breach.
Source: https://www.bbc.co.uk/news/uk-scotland-59008366
- Data posted to the wrong person: A key principle of the UK GDPR states that data controllers should keep data updated. For example, someone may change home addresses. If a controller does not update their information when advised, they could accidentally send personal data to someone’s old address. In 2012, the ICO fined St George’s healthcare trust £60,000 after sensitive medical data was sent to an individual’s old address, despite the person not living there for almost five years.
Source: https://www.theguardian.com/government-computing-network/2012/jul/12/st-georges-healthcare-trust-fine
- Loss or theft of paperwork: Under the UK GDPR, data controllers should securely store data. If a data controller fails to do so, they risk that data is lost or stolen. In 2013, the ICO fined NHS Surrey after losing sensitive data involving over 3,000 patients. The ICO said that the NHS had failed to check if a data destruction company had securely disposed of the data.
Article source: https://www.bbc.co.uk/news/technology-23286231
The Very Latest Data Breach Statistics
The ICO creates a quarterly report analysing the current data security incident trends. The most recent report found that the health sector was the industry most affected by security incidents. There were 417 non-cyber incidents reported while there were 50 cyber incidents.
If you have a valid claim, our advisors could connect you to a solicitor from our panel. They could help you build a strong claim and increase your chances of getting the maximum medical data breach compensation amount for your claim.
How Much Could I Get For A Medical Conditions Data Breach?
A head of damage you might claim for when making a medical conditions data breach is non-material damage. This compensates for any psychological harm you have suffered due to a data breach in which the data controller or processor has committed positive wrongful conduct. For example, you might suffer distress, anxiety or post-traumatic stress disorder.
We have created a compensation calculator using compensation brackets from the 16th edition of the Judicial College Guidelines. The document uses settlement figures from past court cases to create potential compensation brackets. It’s used to help solicitors value injuries.
| Injury | Compensation Range | Notes |
|---|---|---|
| Severe Psychiatric Damage | £54,830 to £115,730 | Qualities of your life are badly affected. |
| Moderately Severe Psychiatric Damage | £19,070 to £54,830 | You may be unable to work due to the severity of the symptoms |
| Moderate Psychiatric Damage | £5,860 to £19,070 | Although you continue to struggle, the prognosis is slightly more optimistic. |
| Less Severe Psychiatric Damage | £1,540 to £5,860 | Whilst you may struggle to sleep, the prognosis is promising. |
| Severe Post-Traumatic Stress Disorder | £59,860 to £100,670 | Your ability to work will be severely impacted. |
| Moderately Severe Post-Traumatic Stress Disorder | £23,150 to £59,860 | Significant disability may pose a risk to you in the future because of your PTSD. |
| Moderate Post-Traumatic Stress Disorder | £8,180 to £23,150 | Minor symptoms persist but a recovery is expected. |
| Less Severe Post-Traumatic Stress Disorder | £3,950 to £8,180 | You will fully recover within a year or two. |
A Definition Of Material Damage
Material damage is another head of damage you might claim for and it covers any financial loss caused by your medical conditions data breach. Financial losses may include a loss of earnings, which you could prove with a wage slip. Furthermore, cybercriminals could use your medical data to coerce money from you. Keep hold of any bank statements to prove any criminal transactions.
Our panel of solicitors can help you collect evidence for material damage and may be able to clarify what you might get for a data breach settlement. Use the live chat feature to speak to our team now.
Criteria To Get A No Win No Fee Agreement
A No Win No Fee agreement could be for you if you are seeking a way of taking legal action with dedicated solicitors. A solicitor that offers their service on a No Win No Fee basis should be committed to getting you the compensation you could be owed for one simple reason: they won’t get paid their fee if your claim is unsuccessful.
Our panel of solicitors could process your claim on a No Win No Fee basis, but only if your claim is legitimate. Furthermore, they require no upfront solicitor fee to get legal proceedings underway. You’ll pay them a legally capped success fee if your claim is successful, but if it’s not successful, you wouldn’t pay this fee.
Ask About Making A Medical Conditions Data Breach Claim
Now that you know more about making a medical conditions data breach claim, you might feel ready to take action. You can speak to our team for a free no-obligation consultation by doing the following:
- Call the number above
- Head to our contact page
- Use our live chat function
Further Information About Making A Medical Conditions Data Breach Claim
Before we let you go, here are some additional resources that may help you.
Make a complaint – Complain to the ICO.
Stress – NHS advice on what to do if you are stressed.
Guide to the General Data Protection Regulation – Government guidance on the UK GDPR.
If you enjoyed this guide, you might be interested in reading more of our articles.
How Much Is A Data Breach Claim Worth? – Find out how much compensation you could get for a claim.
Make A Claim – Take action now and make a claim.
The Data Breach Blog – Get to know more about data breaches.
Learn About Different Types of Data Breaches and How to Claim Compensation
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That concludes our guide on making a medical conditions data breach claim. Speak to our team for any further enquiries.
Writer Lewis Jaques
Publisher Ruth Voss
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