Suffering from a data breach at an optician can be a worrying experience. Suppose you’ve been affected by the wrongful exposure of your personal information in an optician data breach. In that case, you may be eligible to make a compensation claim for financial or emotional damage.
This guide aims to provide you with the necessary information on how to claim for an optician data breach in the UK. You’ll find details on the eligibility criteria, examples of an optician data breach that could occur, and the types of damages you may be able to claim for.
Opticians hold a wealth of personal and sensitive information, such as medical history and contact details, making them a prime target for cybercriminals. If a data breach occurs, it can result in significant losses and emotional distress for the affected individuals. Common types of optician data breaches include hacking, phishing, and employee negligence as well as human error.
We appreciate the impact a data breach can have on your life. That’s why our panel of data breach solicitors could help you without you having to pay upfront fees for their work. All of them are able to provide services under a No Win No Fee agreement.
If you’ve suffered from an optician data breach, don’t hesitate to contact an advisor for a free consultation. We’re here to help you get the compensation you’re entitled to.
What Is An Optician Data Breach?
An optician data breach occurs when a person’s personal information, such as their name, address, date of birth, and medical records, are wrongfully accessed, disclosed, or exposed. In the UK, the Data Protection Act 2018 requires all data controllers, including opticians, to protect personal data from any unauthorised access or disclosure.
If an optician company wrongfully exposes a patient’s personal data, it could have severe consequences for the victim. The exposure of personal and medical information can lead to identity theft, financial fraud, or even discrimination. A victim may suffer non-material harm, such as emotional distress, anxiety, or embarrassment, resulting from the breach. Material harm may also result if the breach causes financial loss, such as if a victim’s credit score is damaged, or if they suffer financial losses due to identity theft.
In such instances, victims of an optician data breach may be able to claim compensation for the harm caused. The Data Protection Act 2018 allows individuals to claim data breach compensation for both non-material and material harm resulting from the breach. Victims can also claim for any financial losses incurred due to the breach.
To make a claim for damages, victims must demonstrate that the optician company breached its duty of care and caused the harm suffered. They must also show that the breach was foreseeable and that the optician company failed to take reasonable steps to prevent it from happening. A victim may wish to seek the help of a data breach solicitor who can advise them on the strength of their claim and assist them in making a claim for compensation.
How Long Do I Have To Claim Optician Data Breach Compensation?
In the UK, individuals have a time limit to bring a claim for optician data breach compensation. This time limit is typically six years from the date of the breach, under the Limitation Act 1980, however, in some cases, it could be shorter.
It is important to note that this time limit may vary depending on the specific circumstances of the case. Furthermore, it is always advisable to seek legal advice to determine the applicable limitation period.
It is also essential to act quickly if you suspect that you may have been a victim of an optician data breach. It can take time to gather evidence and build a strong case, and waiting too long to make a claim could result in losing the opportunity to claim compensation altogether.
How Could Opticians Breach Personal Data?
Opticians can breach personal data in several ways. One common way is through cyber attacks, such as hacking or phishing, which can result in unauthorised access to the optician’s computer systems and databases. This can lead to the theft, loss, or exposure of personal data.
Another way that opticians can breach personal data is through human error, such as sending an email containing confidential information to the wrong recipient, leaving records or files accessible in an unsecured location, or failing to adequately dispose of records containing personal data.
Additionally, opticians can also breach personal data by sharing it with third parties without obtaining proper consent or having appropriate measures in place to protect the data. This includes sharing data with marketing companies or other healthcare providers without the client’s knowledge or consent.
Regardless of how the breach occurred, if the optician has failed to protect personal data, and this has caused harm to the individual, then they may be liable for compensation.
What Evidence Would I Need To Launch A Data Breach Claim?
You will need to gather evidence that proves the breach occurred, it was due to wrongful action by the liable party, and that it has caused you harm. The following are examples of evidence that can support your claim:
- You will need to provide evidence that a breach has occurred, such as emails or letters from the optician notifying you of the breach, or evidence that your personal information has been accessed or misused.
- You will need to provide evidence that the breach has caused you harm, such as medical records, receipts for expenses related to the breach, or witness statements.
- If you are claiming for financial losses resulting from the breach, you will need to provide evidence of the losses, such as bank statements or invoices.
- If the breach has caused you psychological harm, you may need to provide evidence from a mental health professional, such as a therapist or psychiatrist, to support your claim.
It is essential to keep all evidence related to the breach and its impact on you as it can help strengthen your claim. Additionally, a specialist data breach solicitor can help guide you on the types of evidence required and can assist you in gathering and presenting the evidence to support your claim.
What Damaged Can Be Included In An Optician Data Breach Claim?
If you have been a victim of an optician data breach, you may be wondering what compensation you can claim for the harm you have suffered. You may be eligible to pursue both material and non-material damage claims.
Material damage claims are for financial losses resulting from the data breach. For example, if your personal and financial information has been exposed in the breach, you may experience fraudulent activities that result in financial losses. This may include fraudulent loans or credit cards taken out in your name that cause you to fall into debt and arrears.
Non-material damage claims are for the psychological harm caused by the optician data breach. This may include stress, anxiety, loss of sleep, and in severe cases, post-traumatic stress disorder (PTSD). The impact of a data breach on your mental health can be significant and long-lasting, affecting your daily life and relationships.
A data breach compensation calculator may provide an estimate of the value of your claim. Additionally, the Judicial College Guidelines (JCG) provide compensation brackets for various psychological injuries, which can assist solicitors in assigning a value to the non-material damage head of the claim.
These guidelines are reviewed and updated regularly, and the figures for 2022 are as follows:
- Severe psychological harm -£54,830 to £115,730
- Moderately Severe psychological harm – £19,070 to £54,830
- Moderate psychological harm – £5,860 to £19,070
- Less Severe psychological harm – £1,540 to £5,860
It’s important to remember that these figures are only intended to provide a general idea of the appropriate compensation amounts for different levels of psychological harm. The actual compensation amount you may be entitled to will depend on the specific circumstances of your case and the evidence provided to support your claim.
No Win No Fee Data Breach Claims
An optician data breach can have a devastating impact. As a company, we understand the gravity of such situations and have specialised in data breach claims. We work with a panel of solicitors that could their services under a Conditional Fee Agreement (CFA). This means there would typically be nothing to pay to your solicitor to launch your claim with their help.
The CFA defines the terms of the agreement, including the limited percentage of compensation your solicitor would receive upon winning your case, as required by the Conditional Fee Agreements Order 2013.
Our advisors are always available to assist you in determining whether you qualify for a claim under a CFA and to evaluate your case. If you are eligible, we’ll help you through the claims process and work to secure the compensation you deserve.
Further Guidance On Optician Data Breach Claims
Here, you’ll find related guidance on similar types of claims, and external resources.
Make A Complaint – Learn more about complaining about data breaches.
Self-Assessment – Assess whether your data has been breached and what steps to take.
Spam Emails – Find out more about spam emails and whether you could take action about them.
Medical Records – Medical record data breaches can be harmful. Here, you’ll see whether you could claim.
Surgery Data Breach – Learn here about surgery data breach claims.
How Much Compensation? – Finally, you can read more about calculating data breach claims here.