Can I Claim Compensation For A Psychiatrist Data Breach?

The Data Protection Act 2018 imposes legal responsibilities on psychiatrists to protect personal data in their possession. This includes taking measures to prevent unauthorised access, disclosure or loss of sensitive information such as medical records, psychiatric assessments and treatment plans.

If a psychiatrist fails to fulfil their legal obligations and a data breach occurs, victims may be entitled to compensation for the harm suffered. However, to be eligible for compensation, victims must be able to prove that the psychiatrist acted wrongfully, exposed their data, and that they suffered harm as a result. This harm can be emotional, financial or both.

In cases where a data breach has caused emotional harm, the victim may be entitled to compensation for distress, anxiety and any resulting psychological or psychiatric conditions. In cases where a data breach has caused financial harm, the victim may be entitled to compensation for any losses incurred as a result of the breach, such as identity theft or fraud.

It is important to note that not all data breaches will give rise to a claim for compensation. To be eligible, the breach must have resulted from the psychiatrist’s failure to fulfil their legal obligations, rather than from circumstances outside of their control, such as a cyberattack.

If you believe you may be eligible for compensation following a psychiatry data breach, it is important to seek legal advice from a specialist advisor who can advise you on the strength of your case and help you to understand your legal rights and options.

What Time Limit Applies To A Psychiatrist Data Breach Claim?

In England and Wales, there is a time limit for making a claim for compensation following a psychiatrist data breach. This time limit, set by the Limitation Act 1980 is typically six years from the date of the breach, or when you first became aware of the breach. However, it is essential to note that there are some exceptions to this rule.

For example, if you were under the age of 18 when the breach occurred, the time limit may not start running until your 18th birthday. Similarly, if the breach caused a mental incapacity or disability, the time limit may not start running until you have fully recovered.

In some cases, the time limit for making a claim may be shorter than six years. Therefore, it is important to seek legal advice as soon as possible if you believe you may have a claim for compensation following a psychiatrist data breach. This will allow your solicitor to assess your case, gather evidence and take any necessary legal action within the relevant time limit. Delay in seeking legal advice may result in your claim being time-barred, meaning you will not be able to pursue compensation for the harm you have suffered.

How Could A Psychiatrist Breach Personal Data?

A psychiatrist could breach personal data in a variety of ways, both intentionally and unintentionally. Here are some examples of how this could happen:

1. Human error. A psychiatrist or other staff member may accidentally disclose personal data to the wrong patient or individual, or fail to properly secure or dispose of confidential information, such as leaving it on a desk or in a public area.
2. Insider threat. A psychiatrist or staff member may deliberately misuse or steal personal data for personal gain, such as to commit identity theft or fraud.
3. Cyberattacks. A psychiatrist’s computer systems or electronic devices may be hacked, resulting in unauthorised access to personal data.
4. Phishing scams. A psychiatrist or staff member may unwittingly fall victim to a phishing scam, where a hacker tricks them into revealing login details or other personal information.
5. Malware or ransomware. A psychiatrist’s computer systems or electronic devices may be infected with malware or ransomware, resulting in the loss or encryption of personal data.

Regardless of how the breach occurs, the consequences can be significant for those affected. It is, therefore essential for psychiatrists and their staff to take all necessary measures to protect personal data from a breach.

How Much Compensation Could A Claim Be Worth?

If you have evidence to support a data protection breach claim in the UK, you may wonder how much compensation you could receive. The amount of compensation awarded in psychiatrist data breach claims can vary significantly from case to case, as the damages caused by each incident can be unique.

Compensation for a data breach may cover both material and non-material damages. Material damages can include any direct financial loss resulting from the breach, while non-material damages may compensate for any psychological harm caused by the breach.

To give you an idea of potential compensation amounts for non-material damages under a UK GDPR claim, we have included some figures below. These brackets are based on the 2022 edition of the Judicial College Guidelines, which are used to value claims in England and Wales. They cover different types of psychological injuries that may be compensated for in a data breach claim.

• Severe Psychological Injury – £54,830 to £115,730
• Moderately Severe Severe Psychological Injury – £19,070 to £54,830
• Moderate Psychological Injury – £5,860 to £19,070
• Less Severe Psychological Injury – £1,540 to £5,860

It’s important to remember that each case is different, and compensation amounts will depend on the specific circumstances of the breach and the harm caused. Therefore, it’s advisable to treat each data breach claim on a case-by-case basis and seek legal advice to help you determine an appropriate level of compensation.

No Win No Fee Psychiatry Data Breach Claims