This guide explains the process of claiming personal data breach compensation if a GP sent a letter to the wrong address. We discuss the eligibility criteria that need to be met in order to have valid grounds to proceed with a personal data breach claim and the evidence that could support your case.
Can I Claim For A Data Breach If A GP Sent A Letter To The Wrong Address?
Additionally, we discuss the legislation that is in place to protect your personal data and the parties who have a responsibility to adhere to these laws.
Following this, we provide scenarios highlighting how personal information could be compromised by a letter going to the wrong recipient and the impact it could have. Furthermore, we discuss the compensation that could potentially be awarded to address the way you have been affected and how data breach settlements are often calculated.
Finally, we outline the benefits of working with an experienced personal data breach solicitor from our panel.
Our advisors can share more information on data breach compensation claims and provide a free assessment for your potential case, so please reach out today by:
- Calling 020 8050 3051.
- Visiting our site to contact us.
- Starting a conversation via the live chat below.
Browse Our Guide
- Can I Claim For A Data Breach If A GP Sent A Letter To The Wrong Address?
- How Could A GP Have Sent A Letter To The Wrong Address?
- Potential Compensation From A GP Data Breach
- Evidence That Could Help You Claim For Letters Sent To The Wrong Address
- Why Use Data Breach Solicitors On A No Win No Fee Basis?
- Learn More About Claiming Due To A GP Data Breach
Can I Claim For A Data Breach If A GP Sent A Letter To The Wrong Address?
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) are in place to protect your personal data. These two pieces of data protection legislation need to be adhered to by parties known as the data controller and the data processor. The data controller, often an organisation such as a GP surgery, sets the purpose and means for processing your personal data. In some instances, they will process the personal data themselves. However, in others, they will outsource this task to a data processor.
If either the data controller or data processor fails to adhere to the UK GDPR and DPA 2018, it could result in a personal data breach. The Information Commissioner’s Office (ICO), the independent body responsible for upholding information rights and freedoms in the UK, defines a personal data breach as a security incident that affects your personal data’s integrity, confidentiality, or availability.
Information that can be used by itself or combined with other information to identify you is your personal data. Examples could include your name, phone number, postal address and email address. There is also another type of personal data called special category data, which is more sensitive and requires extra protection. This can include data concerning your health, such as your medical records.
If your GP sent a letter to the wrong address, you may be able to seek data breach compensation, but only if you meet the required eligibility criteria for a personal data breach claim. You need to show that:
- The data controller or processor did not uphold their obligations under data protection law.
- This led to a breach that affected your personal data.
- As a result of the breach of your personal data, you suffered mental harm, financial loss, or both.
Please get in touch with us if you want to learn more about claim eligibility.
How Could A GP Have Sent A Letter To The Wrong Address?
Below, we have provided examples of how a GP could have sent a letter to the wrong address.
- You notify the GP surgery of a change of address, but they do not update their database. A letter containing personal data relating to your health is sent to the person living at your old address.
- After an appointment about a sensitive sexual health matter, the GP surgery mistakenly sends a letter with the test results to a relative with the same surname due to human error. This breach of sensitive data leads to you suffering distress, stress and anxiety, missing weeks of work as a result.
Speak to us about your specific case, and an advisor can help you determine if you are eligible to begin a personal data breach claim,
Potential Compensation From A GP Data Breach
The psychological harm and monetary impact of a personal data breach can be addressed in a settlement, should a claim end successfully.
Non-material damage is the psychological harm caused by a breach of personal data. This can include stress, anxiety or another diagnosed mental condition, such as post-traumatic stress disorder.
Legal professionals can calculate the value of non-material damage by consulting medical evidence and the Judicial College Guidelines (JCG), a document we have used to create the table below. The JCG contains guideline compensation brackets that correspond with different types of harm.
Compensation Table
This table should only be used as a guide because compensation for a data breach claim that could be awarded can differ.
| HARM | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| General Psychological Damage | Severe | £54,830 to £115,730 | A poor prognosis alongside marked problems affecting several areas of the person's life. |
| Moderately Severe | £19,070 to £54,830 | Significant problems with multiple areas of the person's life but a more optimistic prognosis than for severe cases. | |
| Moderate | £5,860 to £19,070 | A notable improvement and a good prognosis. | |
| Less Severe | £1,540 to £5,860 | Factors, such as how long the person was affected, and to what extent, are considered when deciding the award. | |
| Anxiety Disorder | Severe | £59,860 to £100,670 | All aspects of the person's life are affected negatively and permanently and they cannot function at a pre-trauma level. |
| Moderately Severe | £23,150 to £59,860 | A better prognosis due to the person receiving professional help and showing some recovery. However, there are still some issues that could cause a significant disability in the future. | |
| Moderate | £8,180 to £23,150 | A largely completed recovery and ongoing effects will not be too disabling. | |
| Less Severe | £3,950 to £8,180 | Only minor symptoms follow a virtually complete recovery that takes one to two years. |
Material Losses In Data Breach Compensation Claims
If a GP sending a letter to the wrong address directly causes a financial loss, this is referred to as material damage for which you could seek compensation. This can include a loss of earnings should the psychological impact of the breach cause you to miss work.
Call the number at the top of this guide if you want clarification on the compensation you can seek, and an advisor can offer further information.
Evidence That Could Help You Claim For Letters Sent To The Wrong Address
If a GP sent a letter to the wrong address, the letter itself can serve as evidence in a claim. Further to this, you could present evidence to help demonstrate who is liable for a data breach. For example:
- Notice given by the GP surgery that your data has been breached, including the personal data that has been affected. They must notify you without undue delay if a personal data breach puts your rights and freedoms at risk.
- Communication between yourself and the GP. If you believe your data has been breached but have not been notified, you could reach out to them.
- If no satisfactory response has been provided by the organisation within three months, you could complain to the ICO. The ICO could then investigate your concerns. The outcome of an ICO investigation could also be used to substantiate your case.
- Medical records highlighting the psychological effects of a personal data breach.
- Financial records, payslips or other evidence of material loss.
You must gather as much evidence as possible to support your claim. A solicitor from our panel can help with this; just give us a call if you would like to learn more about the services they can provide and how to report a data protection breach.
Why Use Data Breach Solicitors On A No Win No Fee Basis?
Our panel of solicitors has years of experience and have an in-depth knowledge of data breach claims. If you have a valid claim, you could work with a solicitor off our panel under No Win No Fee terms, as they may offer you a Conditional Fee Agreement.
The arrangement means they work on your case without requesting payment for their service:
- Upfront;
- During the case;
- Should the claim fail.
A successful claim would lead to the solicitor collecting a fee. The solicitor would take a percentage of the compensation you are awarded. There is a legal cap placed on this percentage by The Conditional Fee Agreements Order 2013.
Talking to our advisors carries no obligation to start a claim. However, you may find after a free consultation and assessment that you have valid grounds to seek personal data breach compensation. A solicitor from our panel can step in at that stage to guide you through the process. You can reach us or arrange a call through any of these avenues:
- Call 020 8050 3051.
- Contact us through our web page.
- Send a message to an advisor on live chat below.
Learn More About Claiming Due To A GP Data Breach
We have even more guides designed to help you learn more about personal data breach claims, including:
- Find out if you can claim if a fax is sent to the wrong person and causes a data breach.
- Learn if you could claim for a pregnancy data breach and the compensation you could receive.
- Read our guide on the steps you could take if paperwork is lost or stolen and this causes your personal data to become affected.
You can also refer to these external resources:
- National Cyber Security Centre – Data breach guidance.
- ICO – Details of action taken against organisations for data breaches.
- NHS – Advice on dealing with anxiety.
Thank you for reading our guide on seeking personal data breach compensation if your GP sent a letter to the wrong address. Please contact us any time if you would like further advice.
Writer Ed Mooley
Editor Meg Monsoon
