This guide will discuss when you could be eligible to make a claim following a pharmacy data breach.
Pharmacy data breach claims guide
Data controllers, those who decide on the purpose for processing, and data processors, those who act on the controllers behalf, have a responsibility to protect your personal data under data protection laws. These are known as the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR) .
A failure to uphold their responsibilities could lead to a breach of your personal data either through human error or a cyber security incident. We will explore examples of these throughout our guide as well as the impact it could have.
Additionally, this guide will look at the steps you can take as part of the data breach claims process, including reporting the incident, gathering evidence and seeking legal advice.
Furthermore, this guide will discuss the data breach compensation you could be eligible to receive following a successful claim.
For more information, you can get in touch with an advisor from our team. They can offer free legal advice regarding your potential claim. To get in touch, you can:
- Call on 0800 408 7827
- Contact us via the form on our website
- Speak with an advisor via the live chat function below.
Choose A Section
- Eligibility Criteria When Claiming For A Pharmacy Data Breach
- Top Tips For Making A Pharmacy Data Breach Claim
- How Could A Pharmacy Data Breach Happen?
- What Compensation Could You Receive From A Data Breach Claim?
- Use Our Panel Of Data Breach Solicitors To Claim Today
- Learn More About Claiming Data Breach Compensation
Eligibility Criteria When Claiming For A Pharmacy Data Breach
In order to make a claim following the breach of your personal data, you need to demonstrate the following:
- There was a failure by the data controller or processor to adhere to data protection laws
- Their failings caused a breach of your personal data
- You experienced loss of a financial nature or psychological harm as a result.
Personal data is any information that can be used to identify you. This can include your name, email address, postal address or phone number. Additionally, there is a specific category of personal data that requires extra protection, known as special category data. This can include personal data that reveals your racial or ethnic origin or data concerning your health.
A breach of this personal data can be defined as a security incident leading to the availability, integrity or confidentiality of your personal information becoming affected.
To discuss your specific case and find out whether you could be eligible to make a pharmacy data breach claim, get in touch using the number above.
Top Tips For Making A Pharmacy Data Breach Claim
There are several steps you could take to make a pharmacy data breach claim, including:
- Contacting the organisation for information on the nature of the breach, including how it happened and what information was affected. This can be used as evidence to support your case.
- Having your psychological injuries assessed. You can use a copy of your medical report as evidence to support your claim.
- Gathering evidence of any financial losses such as bank statements and credit card statements.
Additionally, you could report the data breach to the Information Commissioner’s Office (ICO). They are an independent body set to uphold the rights and freedoms of a data subject. They can investigate your concerns but cannot award compensation. However, if they choose to investigate your report, you can use the findings from their assessment as evidence.
What Is The Time Limit For Claiming For Data Breach Compensation?
You should also be aware of the time limit for starting a data breach claim. Typically, you have 6 years to do so. However, if you are claiming against a public body, you will have 1 year.
For more information on what to do if you suspect a data breach has occurred, get in touch on the number above.
How Could A Pharmacy Data Breach Happen?
There are several ways in which a pharmacy data breach could happen. Firstly, it could occur as a result of a cyber security incident. This can include a ransomware attack that has resulted in several people’s personal data, such as their payment details, being stolen due to an organisation failing to keep their cyber security systems up to date.
Secondly, it could occur through human error. Examples of this can include:
- Staff at the pharmacy losing someone’s prescription
- Prescriptions being posted to the wrong recipient
- Verbal disclosure of a prescription noted down on the system to the wrong patient
A breach of your personal data at a pharmacy could mean information about your medical condition is disclosed without authorisation. This could impact you psychologically causing stress, distress and anxiety.
Additionally, it could impact you financially. For example, if there has been a theft of your credit card or debit card details, this could lead to money being stolen from your account and loans being taken out in your name.
You may be able to seek compensation for the ways in which you have been affected by a personal data breach. Get in touch using the number above to find out more.
What Compensation Could You Receive From A Breach Of Data Protection Claim?
After making a successful pharmacy data breach claim, you could receive compensation for the following:
- Psychological harm, including depression, anxiety and post-traumatic stress disorder. This is referred to as non-material damage.
- Financial loss, including loans taken out in your name and an impact on your credit score. This is referred to as material damage.
The Judicial College Guidelines is a document that helps legal professionals to value your psychological injuries. We have included the guideline compensation brackets from this document in the table below. Please note, the figures are not a guarantee.
| Type of Harm | Severity | Guideline Award Amount | Notes |
|---|---|---|---|
| Psychiatric harm | (a) Severe | £54,830 to £115,730 | A very poor prognosis with problems affecting several areas of the person's life including work, education and their relationships. |
| Psychiatric harm | (b) Moderately Severe | £19,070 to £54,830 | The person experiences similar problems to the bracket above. Whilst the issues are significant, the prognosis will be more optimistic. |
| Psychiatric harm | (c) Moderate | £5,860 to £19,070 | The person will have experienced a significant improvement and a good prognosis. |
| Psychiatric harm | (d) Less Severe | £1,540 to £5,860 | The extent to which someone suffered and how long they suffered for will be considered. |
| PTSD | (a) Severe | £59,860 to £100,670 | Permanent issues affecting all areas of the person's life. |
| PTSD | (b) Moderately Severe | £23,150 to £59,860 | A better prognosis due to receiving professional help but the person will still have a significant disability for the foreseeable future. |
| PTSD | (c) Moderate | £8,180 to £23,150 | There are ongoing issues that aren't majorly disabling and the person will have made a large recovery. |
| PTSD | (d) Less Severe | Up to £8,180 | Almost a full recovery within 1 - 2 years, leaving only the persistence of minor symptoms. |
Use Our Panel Of Data Breach Solicitors To Claim Today
A solicitor from our panel could offer you a No Win No Fee agreement. There are different types, one in particular is known as a Conditional Fee Agreement, (CFA). As per a CFA, you typically won’t have to:
- Pay for their services upfront or while the claim is ongoing
- Pay for the work they have completed on your claim if it fails
If you make a successful pharmacy data breach claim, you will pay a success fee to your solicitor from your compensation.
To find out whether you could be eligible to have a solicitor from our panel work on your case, please contact our team. You can get in touch by:
- Calling on 0800 408 7827
- Filling out the contact form on our website
- Speaking with an advisor via the live chat function below.
Learn More About Claiming Data Breach Compensation
Below, we have provided more of our guides relating to data breach claims:
- Data breach compensation payout examples
- What types of data breaches could you potentially claim for?
- How much compensation could my data breach claim be worth?
Additionally, we have provided external resources:
Thank you for reading this guide on when you could make a claim following a pharmacy data breach. If you have any other questions, please get in touch using the details above.
Writer Jeff Wilders
Editor Meg Moon