If you have suffered from a breach of confidentiality, you may be entitled to compensation for the harm that has been done to you. Breaches of confidentiality can happen in many different ways, such as an unauthorised disclosure of personal information or a breach of a non-disclosure agreement. If you have experienced a breach of confidentiality, it can be difficult to know what to do next. However, it is essential to take action as soon as possible to protect your legal rights and get the compensation you deserve. In this guide, we will explain how to claim compensation for a breach of confidentiality and provide practical advice on how to pursue a legal claim.
If you have any questions about the information provided in this guide or need assistance with your claim, please don’t hesitate to get in touch with us. We can connect you with a reputable data breach solicitor from our panel who will be able to provide you with the support and advice you need.
Understanding Confidentiality And Breaches
Confidentiality is the protection of sensitive or private information from being disclosed to unauthorised parties. Confidentiality can arise in many different contexts, such as in a workplace, in a business relationship or in a personal relationship.
A breach of confidentiality occurs when there is an unauthorised disclosure of confidential information. This can happen intentionally or accidentally and can result in significant harm to the person whose information has been disclosed. A breach of confidentiality can occur in many different ways, such as:
- An unauthorised disclosure of personal information, such as a credit card number or medical records
- A breach of a non-disclosure agreement (NDA) or confidentiality agreement
- An unauthorised access to confidential information, such as a company database
- A failure to secure confidential information, such as leaving a laptop unattended in a public place
Types Of Confidentiality Breaches
There are many different types of confidentiality breaches that can occur, such as:
- Data breaches – this is where personal data is disclosed or accessed without authorisation. Under the Data Protection Act 2018 and the General Data Protection Regulation (GDPR), organisations have a duty to protect personal data and report any breaches to the Information Commissioner’s Office (ICO) within 72 hours.
- Breaches of confidentiality agreements – this is where an agreement between two parties to keep information confidential is breached. For example, an employee who signs a confidentiality agreement with their employer and then discloses confidential information to a third party could be in breach of the agreement.
- Breaches of fiduciary duties – this is where someone who owes a duty of confidentiality to another party breaches that duty. For example, a lawyer who discloses confidential information about their client to a third party would be in breach of their fiduciary duty to their client.
The Data Protection Act 2018 and the GDPR provide individuals with the right to protect their personal data and prevent its unauthorised disclosure. If your personal data has been breached, whether by a healthcare provider, a bank, your employer or another organisation, you may be entitled to compensation under these laws. It is important to seek legal advice as soon as possible if you believe that your personal data has been breached.
Legal Remedies For Breach Of Confidentiality
If you have experienced a breach of confidentiality, you may be entitled to compensation for the harm that has been done to you. There are different legal remedies that you can pursue, such as:
- Damages – this is the most common form of compensation for breach of confidentiality. Damages can be awarded for both financial losses, such as lost income or medical expenses, and non-financial losses, such as emotional distress or reputational damage.
- Injunctions – an injunction is a court order that requires the person who breached confidentiality to stop disclosing the confidential information. This remedy is typically used in situations where damages alone are not enough to prevent ongoing harm.
- Specific performance – this is a court order that requires the person who breached confidentiality to perform a specific action, such as returning confidential information to its rightful owner.
Time Limits For Claiming Compensation For Breach Of Confidentiality
It is important to be aware of the time limits for bringing a legal claim for breach of confidentiality. The Limitation Act 1980 sets out the time limits for different types of legal claims. In most cases, you have six years from the date of the breach to bring a claim for breach of confidentiality. However, there are some exceptions to this rule, so it is important to seek legal advice as soon as possible to ensure that you do not miss any important deadlines.
Steps To Take When Your Confidentiality Is Breached
If you believe that your confidentiality has been breached, it is important to take immediate action to protect your legal rights. Here are some steps that you can take:
- Identify the breach
The first step in pursuing a legal claim for breach of confidentiality is to identify the breach. This may involve conducting an investigation to determine how the breach occurred and who was responsible for it. If you are not sure whether your confidentiality has been breached, you may want to seek legal advice from a data breach advisor who can help you identify whether you have a claim.
- Gather Evidence
Once you have identified the breach, it is important to gather evidence to support your claim. This may include documentation, such as emails or contracts, that show the breach occurred. It may also include witness statements or expert reports that help to establish the extent of the harm that has been caused.
- Consult with a Data Breach Advisor
If you are considering pursuing a legal claim for breach of confidentiality, it is important to consult with a data breach advisor. A data breach advisor can provide you with the guidance and support you need to understand your legal rights and options. They can also help you to identify the most appropriate legal remedy for your situation and connect you with a reputable data breach solicitor from our panel who can help you pursue your claim.
Conditional Fee Agreements – How To Make A No Win No Fee Claim
Many data breach solicitors offer No Win No Fee agreements, which means that you will only pay for the solicitor’s work if you win your case. This can help to make pursuing a legal claim for breach of confidentiality more affordable and accessible. It is important to carefully review any No Win No Fee agreement before signing it to ensure that you understand the terms and conditions.
The Conditional Fee Agreements Order 2013 sets out the rules that govern No Win No Fee agreements. This includes rules about the maximum fees that can be charged, how fees are calculated, and how they are paid. It is important to be aware of these rules when entering into a No Win No Fee agreement with a data breach solicitor.
Start Your Compensation Claim For Breach Of Confidentiality
If you have experienced a breach of confidentiality, it is important to take action as soon as possible to protect your legal rights and get the compensation you deserve. This guide has provided you with practical advice on how to claim compensation for breach of confidentiality, including steps to take when your confidentiality is breached, how to gather evidence, and how to consult with a data breach advisor.
If you have any questions about pursuing a legal claim for breach of confidentiality, or if you need assistance with your claim, please don’t hesitate to get in touch with us. We can connect you with a reputable data breach solicitor from our panel who will be able to provide you with the support and advice you need. Don’t let a breach of confidentiality go unpunished – take action today to protect your legal rights and get the compensation you deserve.
Further Insight Into Compensation For Breach Of Confidentiality
Here, we have provided further reading material you might find useful when researching legal actions for breach of confidentiality. We hope you find the below links helpful.
What Are The Requirements For A Valid Data Breach Claim Under The Data Protection Act? – Here, you can learn more about the requirements for a data breach claim.
Data Breach Claims – Our general guide to data breach claims provides useful insight into who could claim compensation.
What Are The Key Differences Between A Data Breach Claim And A Personal Injury Claim? – learn about the difference between data breach claims and personal injury claims in this useful guide.
GOV.UK – The UK government’s official website provides information on data protection laws, including the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
ACAS – The Advisory, Conciliation and Arbitration Service provides guidance for employers and employees on confidentiality in the workplace, including information on data breaches.
National Cyber Security Centre (NCSC) – The NCSC is the UK’s authority on cybersecurity, providing guidance and resources on protecting against cyber threats, including data breaches.