If you have experienced harm as a result of a GP data breach, you may be interested in making a claim for compensation.
GP data breach claims guide
Two main pieces of legislation called the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) govern data protection and processing, and all organisations must adhere to when processing the personal data of UK residents.
An independent agency called the Information Commissioners Office (ICO) has the power to investigate and issue data breach fines against any organisation that fails to properly process data. This includes any organisation that accidentally breaches your personal data, such as patient notes, blood test results, scan results and medication histories.
You can find out more about starting a personal data breach claim by speaking to our team in a free and confidential assessment. Simply get in touch by:
- Calling our advisors on 0333 241 2521
- Making a claim online
- Or using the live support option below
Choose A Section
- A Guide To Claiming For A GP Data Breach
- When Could You Claim For A GP Data Breach?
- Evidence That Could Be Used For A Medical Data Breach
- How Much Could You Receive For A Data Protection Breach Claim?
- Work With Data Breach Solicitors On A No Win No Fee Basis
- Learn More About Receiving Compensation From A GP Data Breach
A Guide To Claiming For A GP Data Breach
Personal data, in general terms, is any detail that when used alone or in conjunction with other details could be used to reveal your identity. This ranges from your full name, postal address and email address to more sensitive special category data, such as your health information, your trade union membership status, or your sexuality. Special category data needs extra protection under the UK GDPR and DPA.
Your GP may have access to a wide range of your personal data, from basic contact details all the way up to your test results, medications, and medical conditions.
A personal data breach is a security incident that affects the confidentiality, integrity, or availability of your personal data. If a data controller or processor suffers a personal data breach that could affect your rights or freedoms, they must alert the ICO within 72 hours.
Read on to learn more about when you could claim for a GP data breach. Or, get in touch with our team to start your claim.
When Could You Claim For A GP Data Breach?
According to the UK GDPR, the breach must result from wrongful conduct to form the basis of a valid claim. Alongside this, you must also suffer harm, and you must be able to prove that your personal data was affected.
Wrongful conduct occurs when the data controller or data processor breaches data protection legislation. A data controller decides how they intend to use your data and why they need it. The data processor then processes your data by following the controller’s instructions.
For example, you may be able to claim if a GP surgery fails to utilise adequate cybersecurity systems, and this allows a data breach of the database that holds your medical records to occur.
Contact our team today to learn more about making a GP data breach claim.
Evidence That Could Be Used For A Medical Data Breach
Assembling evidence can help strengthen your GP data breach claim. There are certain types of documentation and actions that you could collect, such as:
- Correspondence from the GP or clinic that informed you of the breach
- Having your psychological injuries assessed and obtaining a copy of the report
- Retaining all invoices, bills and other proof of expenses or financial harm that were a consequence of the GP data breach
- Correspondence with the ICO regarding the breach
It is important to note that there is a 6 year time limit for most data breach compensation claims. This can reduce to just 1 year if you are making a claim against a public body.
Our advisors can tell you if your claim is valid. If it is, they may put you in contact with our panel of personal data breach solicitors, who can give you more information on strengthening your claim for medical data breach compensation.
How Much Could You Receive For A Data Protection Breach Claim?
When making a personal data breach claim, there are two areas of harm that legal professionals consider when valuing your compensation. These are material damage and non-material damage.
Non-material damage is the area of compensation that addresses the psychological harm caused by the breach. For example, if you suffer from distress because of the data breach, this would be considered as part of your non-material damage compensation.
The table below uses figures from the Judicial College Guidelines (JCG) to give you a broad idea of what you could potentially receive in non-material damage compensation. The JCG is often used by solicitors to help them value compensation claims because it provides guideline compensation brackets for common injuries and illnesses, including psychiatric injuries.
| Injury and Severity | JC Guideline Award Bracket | Notes |
|---|---|---|
| Severe Psychiatric Harm | £54,830 to £115,730 | Marked and severe issues in the areas of work, personal relationships and education with a poor future prognosis. |
| Moderately Severe Psychiatric Harm | £19,070 to £54,830 | Similar symptoms are present but there is a better prognosis than above. |
| Moderate Psychiatric Harm | £5,860 to £19,070 | Symptoms show significant improvements by the time of trial. |
| Less Severe Psychiatric Harm | £1,540 to £5,860 | Reflects the length of disability caused and whether it affected day-to-day activities, such as sleep. |
| Severe Post-Traumatic Stress Disorder (PTSD) | £59,860 to £100,670 | Symptoms are severe to the point of removing the ability to work or function at the level they would have before the trauma. |
| Moderately Severe PTSD | £23,150 to £59,860 | An improvement in symptoms is indicated after professional treatment, leading to a better prognosis. |
| Moderate PTSD | £8,180 to £23,150 | Generally there is a large amount of recovery, with remaining issues not being grossly disabling |
| Less Severe PTSD | £3,950 to £8,180 | Almost a full recovery within a 1 – 2 year period and only minor symptoms persisting beyond this time frame. |
Please note that these figures are guidelines only and do not represent the actual amount of compensation that you could receive.
Claiming For Material Damage In A Breach of Data Breach Claim
In addition to non-material damage, you may have suffered financial harm. This is known as material damage. Material damage compensation could cover the financial impacts of the breach, such as damage that is done to your credit score, charges made to your credit card, or money that is stolen from your accounts.
Reach out to our team if you would like to learn more about compensation calculation after a GP data breach.
Work With Data Breach Solicitors On A No Win No Fee Basis
If you want to work with a professional on your claim, our panel solicitors may be able to help you with a No Win No Fee arrangement referred to as a Conditional Fee Agreement (CFA). With a CFA, you can gain access to legal representation for your claim, and your solicitor typically won’t charge for their services.
The only fee required under this kind of agreement is a success fee if your claim is successful. This is a legally-capped percentage taken directly from your settlement. However, if your claim fails, you will generally not be required to pay your data breach solicitor for their services.
Contact Us For Free Legal Advice To See If You Can Claim
If you would like to know more, please get in touch with our team. Our advisors can offer you a free consultation of your claim, and if they find it to be viable, they could connect you with a data breach solicitor offering a No Win No Fee agreement today. Learn more about how our panel solicitors could help you by:
- Calling our advisors on 0333 241 2521
- Making a claim online
- Or accessing help through the live support option
As well as the resources about GP data breach, you can read more below on the subject:
In conclusion, the resource articles below offer further reading on personal data breach claims
Thank you for reading out guide to GP data breach claims.
Writer Jeff Wilders
Publisher Cat Heart
