This guide explains how you may be able to claim compensation for a hospital data breach. If an NHS or private healthcare provider failed to adequately protect your personal information and this caused you to suffer financial or emotional harm, you could be eligible for compensation.
The Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) are the main pieces of legislation in place to protect the personal data of UK residents. An independent body called the Information Commissioners Office (ICO) enforces these laws.
In this article, we will discuss how this legislation allows you to claim personal data breaches under certain circumstances. We will also touch on how compensation is calculated and the types of damage you may be able to claim.
Our advisors can provide a free consultation in which they can identify whether you could be eligible to claim. To learn more, get in touch by:
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- Can I Claim For A Hospital Data Breach? – A Guide
- Hospital Data Breach – When Am I Eligible To Claim?
- What Evidence Could Help Me Make A Data Breach Claim?
- What Compensation Could I Receive From A Hospital Data Breach?
- Why Use Our Panel Of Data Breach Solicitors On A No Win No Fee Basis?
- Learn More About Making A Claim
Personal data can be any piece of information that, used on its own or in conjunction with other details, can positively identify you as a living person. For example, this could include your name, address or date of birth.
Hospitals can collect personal data and a type of personal data called special category data. Special category data needs extra protection because of its sensitive nature and can include:
- Your sexuality
- Your religious beliefs
- Genetic or biometric data
- Health data
Hospitals can play the role of both data controller and data processor. A data controller decides why and how they use your personal data, and a data processor processes this data under the instruction of the controller. As such, they must comply with data protection law when processing the personal data of UK residents.
A breach of data protection law could result in a personal data breach. This is a security incident that affects your personal data’s availability, confidentiality, or integrity.
The UK GDPR sets out the criteria for eligible claims. Read on to learn more, or contact our advisors to learn more about claiming for a hospital data breach.
How exactly might a hospital data breach occur, and under what circumstances would you be eligible to make a claim? The UK GDPR set out the criteria for claiming for a personal data breach, which include:
- The breach has to include your personal data
- You have to experience harm because of the breach
- The breach has to occur because of the data controller or processor’s failings
Or, a hospital employee may fail to use the blind carbon copy (BCC) feature when sending an email, revealing your email address to fellow recipients.
To learn if you could be eligible for data breach compensation, contact our advisors today.
If you are interested in making a personal data breach claim, you may be wondering what evidence you could provide to help strengthen your claim. Some examples of evidence that you may be able to use to strengthen your claim can include:
- Correspondence with the organisation: Following a breach, you can contact the organisation responsible and request more information. They may be able to tell you how the breach occurred and what information was involved.
- Make a complaint to the ICO: This must be done within three months of your last correspondence with the organisation. The ICO cannot provide compensation, but they do have the power to investigate breaches and fine organisations that fail to follow data protection law. As such, correspondence with the ICO could help strengthen your claim.
- Proof of harm: Under the UK GDPR, you must experience harm in order to make a claim. This can be financial harm or psychological harm. For example, bank statements and credit reports could document financial harm, or a medical assessment could prove that you have suffered psychological injuries.
For more information on how to make a data breach claim, contact our team of advisors today. They can offer free legal advice and may connect you with a solicitor from our expert panel.
There are two heads of compensation that you could receive if you make a successful hospital data breach claim. Non-material damage is the head of your claim that compensates you for the psychological injuries you suffer due to the breach. For example, you might experience anxiety following a breach, or depression.
Below is a compensation table that works similarly to a compensation calculator, containing excerpts from the Judicial College Guidelines (JCG). The JCG contains guideline award brackets for various injuries to help solicitors when they value claims, and below, you can find the guideline amounts for various psychological injuries.
|Type of Psychiatric Injury||Description||JC Guideline Award Bracket|
|Psychiatric Damage||Severe and permanent issues in coping with various aspects of life.||(a) Severe Cases - £54,830 to £115,730|
|Psychiatric Damage||The person will suffer similar issues to the bracket above but with a better prognosis for the future||(b) Moderately Severe Cases - £19,070 to £54,830|
|Psychiatric Damage||A good prognosis occurs due to an improvement in symptoms.||(c) Moderate Cases - £5,860 to £19,070|
|Psychiatric Damage||This bracket takes into consideration the length of disability and how the symptoms have affected day-to-day activities.||(d) Less Severe Cases - £1,540 to £5,860|
|Post-Traumatic Stress Disorder (PTSD)||There is no ability to work or function near the pre-trauma level due to permanent and severe symptoms.||(a) Severe Levels - £59,860 to £100,670|
|Post-Traumatic Stress Disorder (PTSD)||The prognosis is better than the case above as some recovery may be possible with professional treatment.||(b) Moderately Severe Levels - £23,150 to £59,860|
|Post-Traumatic Stress Disorder (PTSD)||Overall a large recovery with remaining symptoms not being grossly disabling||(c) Moderate Levels - £8,180 to £23,150|
|Post-Traumatic Stress Disorder (PTSD)||Full recovery within a 2-year period and only minor symptoms persisting beyond this period.||(d) Less Severe Levels - £3,950 to £8,180|
Please note that this table provides guideline figures for non-material damage awards, and these are not guarantees of what you could receive.
What Other Damage Awards Could Affect Compensation Amount?
You may also be eligible to claim for material damage. This provides compensation for the financial impacts of a breach. For example, if a data breach exposes your credit card details, this could lead to criminals accruing debt in your name or damaging your credit score.
To learn more about making a personal data breach claim, read on. Or, contact our team of advisors to find out how much your claim could be worth.
Our panel of expert No Win No Fee solicitors can provide legal representation for your claim through a Conditional Fee Agreement (CFA). Usually, you don’t have to pay upfront fees or ongoing costs to your solicitor under a CFA. If your claim is a success, the only fee your solicitor will take is a success fee. This is a percentage of your award with a legal cap. However, should your claim fail, you do not pay this fee.
Our team of advisors can tell you if your claim is valid and may then connect you with a solicitor from our panel. Get in touch to learn more.
Contact Us For Free To See If You Could Receive Data Breach Compensation
Our advisors are available to provide you with free legal advice and guidance on how a solicitor from out panel could be able to help you. Contact our team today to find out if you could be eligible for data breach compensation by:
Learn more about personal data breach claims through further resources:
Or, for more helpful guides:
For more questions surrounding making a hospital data breach claim, contact our team today.
Writer Jeff Wilders
Editor Cat Hunt