This guide will explore when a claim for NHS data breach compensation could be justified. In this article, we will detail how a personal data breach could occur and how the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) outline an organisations responsibilities to protect your personal data.
A personal data breach can cause harm both mentally and financially. This article will touch on the potential impacts of a data breach and how compensation may cover these effects.
Additionally, we will explain how a No Win No Fee solicitor from our panel could assist you with your claim and provide further details about the services they offer.
If you wish to claim compensation for a medical data breach, we could help you understand whether you’re eligible. Get in touch by:
- Calling us on 0800 408 7827
- Contacting us online
- Using the live chat feature at the bottom of the screen
On this page
- What Is An NHS Data Breach And When Can Compensation Be Awarded?
- What Are The Causes And Impacts Of A Personal Data Breach?
- Who Is Liable In Medical Data Breach Claims?
- Medical Data Breach Compensation Calculator
- Could I Claim With A No Win No Fee Data Breach Solicitor?
- Contact Us About An NHS Data Breach And If Compensation Is An Option
An personal data breach is a security incident that affects the integrity, confidentiality, or availability of your personal data. The term personal data refers to information that can identify you, such as your:
- Email address
- Phone number
Data protection legislation affords extra protection to special category data, which is a subtype of personal data. Special category data includes information referring to your:
- Health, such as information regarding your medical conditions
- Genetics or biometrics
- Sexual orientation
- Race or ethnicity
Should a personal data breach occur, you may be able to claim compensation. However, to claim data breach compensation, your case must fit certain criteria. This includes:
- The breach must be a result of the organisation’s wrongful conduct, such as them failing to adhere to data protection law
- Your personal data must be compromised by the breach
- You must suffer harm as a result of the breach, this can include either mental suffering or financial damage.
Our advisors are available to discuss whether a claim for NHS data breach compensation could be justified.
There are many ways a data protection breach could occur. A breach of data protection law could result in your personal data being compromised.
One cause of personal data breaches is human error. For example, if a receptionist leaves a file that contains a patient’s personal data on a public-facing desk. This could allow unauthorised parties to access the patient’s data. Or, an email containing information about a patient’s appointment in a specific healthcare department could be sent to the wrong email address.
Cybercrime is another way that a data breach can occur. For example, if adequate cybersecurity policies are not employed, cybercriminals could steal personal data through malware or hacking.
How Could A Medical Data Breach Impact You?
A personal data breach could lead to significant harm and suffering. This could be mental harm or financial loss. For example, if personal data relating to your health or medical treatment is compromised, this could lead to psychological injuries such as anxiety and depression.
In addition to this, you may suffer financial losses. For example, if your banking details are compromised, this could lead to fraudulent purchases made on your credit card or damage to your credit score.
To find out when a claim for NHS data breach compensation could be justified, contact our advisors.
You could make your personal data breach claim against a data controller or data processor. A data controller decides how and why they use your personal data. However, a data processor processes this data on the controller’s behalf. A data controller could also process your personal data themselves.
Both data processors and data controllers must comply with data protection laws such as the UK GDPR and the DPA. If they fail to do so, they could be liable for a personal data breach claim.
What Time Limits Exist In Personal Data Breach Claims?
The Information Commissioner’s Office (ICO) is the independent organisation tasked with enforcing data protection legislation. According to the ICO, if a breach could have an impact on your freedoms or rights, the organisation responsible must inform you without undue delay. They must also report the breach to the ICO within 72 hours.
Generally, you have six years to start a personal data breach claim. However, this falls to one year if your claim is against a public body.
To learn about when a claim for NHS data breach compensation could be justified, call our team.
If you make a successful data breach claim, you could potentially receive two heads of claim. These are material damage and non-material damage.
- Material damage is compensation to reimburse you for financial loss caused by the personal data breach.
- Non-material damage is compensation to reimburse you for any emotional distress or other psychological injuries caused by the personal data breach. This can include compensation for depression, anxiety or post-traumatic stress disorder (PTSD).
Before the Court of Appeal for the Vidal-Hall and Others v Google Inc  case, non-material damage could only be claimed in conjunction with material damage. However, since the ruling, you may now claim for non-material damage alone or with material damage.
You may wish to use a data breach compensation calculator to get an estimate of how much you can claim. However, they aren’t always accurate. Instead, you can use the table below which illustrates guideline brackets for non-material damage. These brackets are taken from the Judicial College Guidelines (JCG), a document that legal professionals often use to estimate what your data breach claim could be worth.
|Psychological Injury||Degree Of Injury||Estimated Settlement||Notes On This Injury|
|General Psychological Damage||Severe||£54,830 to £115,730||Severe and permanent issues in coping with daily life, with a very poor prognosis.|
|General Psychological Damage||Moderately severe||£19,070 to £54,830||There are similar problems to the case above, but there is a more optimistic prognosis.|
|General Psychological Damage||Moderate||£5,860 to £19,070||Symptoms of psychiatric damage will show improvement by the time of trial.|
|General Psychological Damage||Less severe||£1,540 to £5,860||Consideration is given to the length of disability and the impact on activities such as sleep.|
|PTSD||Severe||£59,860 to £100,670||Significant and permanent effect on employability, with no function remaining at the pre-trauma level.|
|PTSD||Moderately severe||£23,150 to £59,860||Some recovery is possible with professional treatment.|
|PTSD||Moderate||£8,180 to £23,150||No grossly disabling effects remain after an almost full recovery.|
|PTSD||Less Severe||£3,950 to £8,180||Virtually complete recovery within 1-2 years.|
To find out when a claim for NHS data breach compensation could be justified, call our team. They can also provide further guidance on what your potential claim could comprise.
Our panel of No Win No Fee solicitors can help you through the claims process. Their years of experience and legal knowledge could make the claims process feel less stressful, and they may be able to offer their services under a Conditional Fee Agreement (CFA).
When you hire a solicitor under a CFA, there are generally no upfront or ongoing fees to pay. If your claim is successful, your solicitor takes a success fee. This fee is discussed beforehand and there is a legal cap. However, if your claim does not succeed, you do not pay this fee.
Our advisors can tell you more about how a solicitor from our panel could help you make your personal data breach claim.
Contact us today to speak to an advisor. If our advisors find your claim to be valid, they can provide you with a solicitor from our panel. Get in touch by:
For more helpful guides surrounding personal data breach claims, we recommend:
- Data Breach FAQs – Frequently Asked Questions
- Payouts For Mortgage Broker Data Breach Claims
- How To Report A Data Breach
- Payouts For Debt And Arrears Data Breach Claims
- Can I Claim Compensation For A Data Breach?
- How To Claim For A Disciplinary Information Data Breach
- Children In Care Data Breach Claims
- A Guide To Police Data Breach Claims
- Trade Union Membership Data Breach Claims
- How To Claim For A Tax Information Data Breach
- Can I Claim For A Disciplinary Records Data Breach?
- Can I Claim For An Accountant Data Breach?
- Medical Records Data Breach Claims Explained
- NHS Data Breach Compensation Claims Guide
- Could I Claim For A Sexuality Data Breach?
Or, for more helpful information:
Thank you for reading our guide on when a claim for NHS data breach compensation could be justified. Contact our team if you have any more questions.
Writer Hana Carlisle
Publisher Cat Hunt/ Meg Moon