This article discusses how to claim for a surgery data breach that compromised your personal data. We will cover several topics that may be important when considering this type of claim, such as the eligibility requirements you must meet. We will also provide details about compensation, including how data breach claims are calculated for psychological distress.
On a similar note, this article explains how the solicitors on our panel may be able to offer their services in a way that means you avoid upfront charges and ongoing fees.
If you’d like to learn more about these topics, keep reading. At the same time, you can contact our team of advisers to ask your questions directly and receive a compensation estimate based on your exact circumstances. Reach us 24/7 by:
Select A Section
- When Are You Eligible To Claim For A Surgery Data Breach?
- How Do You Claim Compensation For A Data Breach?
- What Compensation Could You Receive From A Data Breach Claim?
- When Should You Report A Data Protection Breach?
- How Can No Win No Fee Data Breach Solicitors Help Me Claim?
- Learn More About Claiming For A Surgery Data Breach
Your eligibility to claim compensation for a surgery data breach is established by certain pieces of legislation, known as the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Together these laws protect the use of personal data.
According to the UK GDPR, certain entities must follow specific rules while processing personal data. These entities are called data controllers and data processors. To elaborate on this subject, it is worth turning to the Information Commissioner’s Office (ICO), a public body that ensures data protection rights are upheld. This body explains more about the legislation’s definition of data controllers and processors:
- Data controllers are entities that decide how and why to process personal data.
- Data processors are entities that act under the instruction of a particular data controller to process the information.
A doctor’s surgery could assume the role of both data controller and data processor. However, if it does not uphold its legal responsibilities as outlined in the legislation above, its failings could result in a personal data breach.
In broad terms, this type of security incident could lead to unlawful or accidental loss, destruction, alteration, unauthorised access to or disclosure of personal data.
Helpfully, the ICO’s guide to the UK GDPR explains that personal data is information that relates to a living person and could be used to identify them, either alone or when considered together with other pieces of information.
Examples Of A Potential Surgery Data Breach
The following examples illustrate potential surgery data breaches that could compromise personal data. For example:
- A data breach by a GP meant medical records were lost or stolen because they were not kept secure, allowing medical records to be exposed.
- In a hospital data breach, a doctor could accidentally leave a patient’s physical records on a countertop, allowing anyone to see the personal data.
- Lastly, an appointment confirmation letter could be sent to the wrong address, possibly revealing personal data about an individual’s medical conditions
Contact our advisers if you need more information about a data protection breach and when you can claim compensation for one.
Certain pieces of evidence can support your claim for compensation. For instance, you could collect:
- Letters, emails and other important correspondence from the data controller or processer
- Medical records regarding the psychological effects you experienced due to the breach
- Financial documents detailing the material losses you sustained because of the breach
It’s important to note that a data breach solicitor could help you collect evidence to support your claim. Contact our advisers to learn more about this service, or read on for surgery data breach compensation payout examples.
A successful claim could reimburse you for two aspects of the harm you experienced: non-material damage, which is the psychological consequences resulting from a surgery data breach; and material damage, which is the financial repercussions the breach causes.
There is a document that solicitors will generally use to assess the potential award for non-material damage. This is known as the Judicial College Guidelines (JCG), containing information about different injuries by type and severity and their accompanying bracket amount guideline. The table below contains entries that are relevant to a data breach claim.
|Type of Non-Material Damage||JCG Bracket||JCG Severity||Further Information|
|General Psychological Damage||£54,830 to £115,730||Severe||All aspects of life are severely affected , including work and interpersonal relationships and there is a poor prognosis.|
|General Psychological Damage||£19,070 to £54,830||Moderately Severe||More optimistic prognosis despite significant issues regarding the same aspects of life mentioned above.|
|General Psychological Damage||£5,860 to £19,070||Moderate||Good prognosis even though there may have been problems associated with the aspects of life mentioned above.|
|General Psychological Damage||£1,540 to £5,860||Less Severe||Award considers the length of disability and aspects of life affected; for example, sleep.|
|Post-Traumatic Stress Disorder||£59,860 to £100,670||Severe||Permanent effects that influence all areas of the individual's life.|
|Post-Traumatic Stress Disorder||£23,150 to £59,860||Moderately Severe||Significant effects that that are likely to influence the individual for the foreseeable future.|
|Post-Traumatic Stress Disorder||£8,180 to £23,150||Moderate||Continuing effects that are not grossly disabling and do not prevent the individual from largely recovering.|
|Post-Traumatic Stress Disorder||£3,950 to £8,180||Less Severe||Minor effects that continue for some time, though the individual experiences a virtual full recovery within 2 years.|
Please note these figures are guidelines only. Your actual circumstances could vary, meaning you receive a different amount of compensation for non-material damage.
Can You Also Claim For Material Damage?
You can also claim for the financial losses you sustained due to the surgery data breach. However, you need evidence to prove that material damage occurred, so it is useful to gather bank statements, receipts, and other records.
The ICO, which we discussed earlier, ensures that data protection laws are upheld. Therefore, they must receive reports about any data breaches likely impacting individuals’ rights and freedoms. After discovering a breach has occurred, the data controller or processor has 72 hours to determine if it is likely to have this impact and report the incident. They should also inform the affected individual as quickly as possible.
To report a data breach as an individual, you should contact the relevant data controller or processor and request information about what data has been exposed. If you do not receive a satisfactory reply, wait no longer than 3 months to approach the ICO and request they investigate the breach.
Not all data breaches must be reported to the ICO, and compensation is not awarded by this organisation. Therefore, claiming is possible even if the breach wasn’t reported.
Read on to find out how a solicitor from our panel could guide you through the process of claiming for a surgery data breach.
Hiring legal representation can benefit the process. For example, they can help you collate evidence about the surgery data breach that occurred.
If our advisers feel your claim is valid and you wish to proceed, they could assign one of the data breach solicitors from our panel to represent your case. These professionals can also help by offering their services under a No Win No Fee agreement called a Conditional Fee Agreement (CFA).
You don’t have to pay upfront charges or ongoing fees when using this type of agreement. Also, you typically don’t have to pay your solicitor for their services if your claim fails.
Instead, your solicitor takes a success fee at the end of a winning claim. This is taken from your compensation but is subject to a legal cap. This is to ensure that you always receive most of your compensation award.
Want To Know If You Can Claim For A Data Protection Breach? Contact Us For Free Today
Contact our advisers to learn more about claiming compensation for a surgery data breach. You can also ask how a solicitor may be able to assist you. This consultation is free and our team is available 24/7. For an obligation-free conversation about your eligibility to claim, contact us by:
Other guides that may be of use:
Third-party resources you can consult:
National Cyber Security Centre (NCSC) – Expert response unit aiding with cyber security incidents in the UK
Security Incident Trends – Statistics from the ICO about how many breaches have been reported to them
Make A Complaint – Government resource detailing how to complain about a suspected breach of your personal data
Thank you for reading this article about claiming compensation for a surgery data breach. To learn more, contact us using the details we’ve provided above.