By Stephen Yutani. Last Updated 4th September 2024. When seeking NHS data breach compensation, you would need to meet the eligibility requirements that are stated in law, so in this guide we will look at the recent introduction of data protection laws along with their criteria for making a valid claim.
Later, we discuss some scenarios to explain how breach of data at the NHS could take place. You will also find information on how compensation for a breach of data is calculated.
Towards the end of this guide, you’ll find a short overview of the type of No Win No Fee contact our panel of specialist data breach solicitors can provide legal services under, and how starting your potential claim under such a contract will be of considerable benefit to you.
Our experienced team of advisors can provide further details on making data breach claims, address any concerns you may have and assess your eligibility to begin a claim free of charge. To talk to a team member, use any of the contact details given here:
- Phone on 020 8050 3051.
- Complete our “Contact Us” form online.
- Use the website’s live chat for a response to your queries.
Select A Section
- Who Could Start A Claim For NHS Data Breach Compensation?
- How Could Your Health Data Be Breached?
- If Claiming NHS Data Breach Compensation, What Evidence Would I Need?
- How Much Could I Claim If My Medical Records Have Been Breached?
- No Win No Fee Health Data Breach Claims
- Find Out More About Medical Information Data Breaches
Who Could Start A Claim For NHS Data Breach Compensation?
The individual to whom the personal data relates is referred to as a data subject. A data controller is the organisation that decides how your data will be held, processed and stored. Data controllers are required to adhere to the data protection standards laid down by the UK General Data Protection Regulation and the Data Protection Act 2018.
Data controllers may also make use of external organisations to process the data on their behalf. These organisations are known as data processors, and they likewise have obligations under data protection law. Failure by either of these parties to adhere to the UK GDPR plus the DPA could result in a personal data breach.
Data protection in the UK is governed by the Information Commissioner’s Office (or ICO for short), which is an independent body established with the aim of upholding data rights. A personal data breach is defined by the ICO as a security incident where the integrity, confidentiality or availability of personal data is compromised.
To begin a personal data breach claim, you will need to satisfy the following criteria laid out in Article 82 of the UK GDPR:
- The data processor or controller failed to meet the standards set out by the UK GDPR plus the DPA.
- These failures ended up causing a breach of data in which your own personal data was affected.
- You suffered financial harm, psychological injury, or both, because of your own personal data being adversely affected.
What Personal Data Could The NHS Handle?
“Personal data” refers to information that can be used to identify individuals, either directly or indirectly. The NHS handles a huge volume of patient data in order to provide medical care, some examples of which we have included below:
- Names.
- Postal addresses.
- Contact information such as emails and phone numbers.
- Bank and credit card information for billing purposes, such as for prescriptions.
There is also special category data. This is data which of higher sensitivity and needs extra protection. Health data comes under this category as well as personal information relating to your racial and ethnic origin, sexual orientation and sex life and data regarding your genetics. All of these are examples of personal data the NHS could hold on patients.
To get more information about when you could be eligible for NHS data breach compensation or to receive a free assessment of your eligibility to claim, contact our advisors using the contact information provided above.
How Could Your Health Data Be Breached?
Below you will find some example scenarios detailing how a breach of health data could potentially occur.
- An administrative error at a GP surgery results in a letter being sent to your old address. Due to this, the letter, which contains information about your cancer treatment, is opened by someone without authorisation.
- Inadequate cybersecurity measures at a hospital resulted in your health data being stolen during a ransomware attack.
- Staff sent an email to an incorrect address despite the correct one being on file due to human error. As a consequence, details of your blood test were sent to an unauthorised individual.
If health data is affected in a breach, it could impact the data subject in many ways. For example, due to the sensitive nature of the personal data, they could experience anxiety, stress, or distress. Additionally, due to the mental impact of the breach, they may need to take time off work, causing them to lose income.
To learn if you meet eligibility requirements to claim for your specific circumstances, get in touch with our team online or by calling us today.
If Claiming NHS Data Breach Compensation, What Evidence Would I Need?
If claiming NHS data breach compensation, you will require a body of supporting evidence that shows you meet the eligibility criteria laid out in data protection law. You can see some possible examples here:
- Any communication from the data controller notifying you that a breach of data has occurred and your own personal data was impacted.
- Medical evidence detailing the psychiatric harm you incurred as a consequence of the data breach.
- Information from your bank, such as account statements or notices of unusual or unauthorised transactions made using your bank or credit cards.
Data controllers are obliged to notify any data subjects affected that a breach has happened as soon as is reasonably possible if it puts their rights and freedoms at risk. There is also a 72-hour deadline for data controllers to inform the ICO of any breach they become aware of that meets the standards for reporting. Following this report, the ICO can investigate the data breach and take any necessary action. While awarding compensation is not the ICO’s role, you can use the findings of any investigation they conduct as part of the supporting evidence for your potential claim.
You can voice concerns to the data controller over how your data is being stored or handled. Although it is not legally required to begin claim, you can make a complaint to the ICO regarding the data controller’s conduct if they make an unsatisfactory response to any concerns you put to them in writing.
If you can show, with clear evidence, that an organisation failed to adhere to the standards set out by data protection laws, speak to our advisors to learn if you could claim compensation. You can use any of the contact details provided below to reach one of our experienced and helpful team.
How Much Could I Claim If My Medical Records Have Been Breached?
There are two types of damage that you could receive compensation for when making a successful NHS data breach compensation claim. Any financial losses associated with the data breach are referred to as material damage. This could include lost income incurred because of the time you’ve taken off work to deal with the mental harm caused by the breach. Evidence such as payslips and bank statements can help you to claim material damage.
Psychiatric harm caused by a breach of data is known as non-material damage. Those who value a claim for non-material damage may refer to the Judicial College guidelines (JCG). This is a document that includes guideline compensation figures for various types of psychological and physical injuries. You can see a selection of these figures by looking at the table you can see below for guidance purposes. Please take note that this table’s top entry isn’t based on the JCG.
| Harm Type | Severity Level | Notes | Guideline Award Brackets |
|---|---|---|---|
| Severe Psychological Harm And Financial Losses | Severe | Those eligible to claim for both psychological harm and financial losses caused by a breach of personal data could receive a payout that covers both. | Up to £250,000+ |
| General Psychiatric Damage | Severe (a) | Cases where the prognosis is very poor with marked problems relating to work and social life. | £66,920 to £141,240 |
| Moderately Severe (b) | A much more optimistic prognosis than the bracket above although significant impacts on personal relationships, work life and social activity will be present. | £23,270 to £66,920 | |
| Moderate (c) | The injured person will have undergone marked improvement across a number of different areas of their life and the prognosis will be good. | £7,150 to £23,270 | |
| Less Severe (d) | Awards in this bracket will depend on the length of the period of disability, and the extent of the impact on sleep patterns and daily activities. | £1,880 to £7,150 | |
| PTSD | Severe (a) | Permanent effects which prevent the injured person from working or functioning at the pre-trauma level. | £73,050 to £122,850 |
| Moderately Severe (b) | Effects will cause significant disability although some recovery with professional help will be expected. | £28,250 to £73,050 | |
| Moderate (c) | Cases where the injured person has made a recovery of a significant nature and any continuing issues won't cause a major disability. | £9,980 to £28,250 | |
| Less Severe (d) | A virtual recovery within 2 years with only minor persisting symptoms. | £4,820 to £9,980 |
Non-material damage and material damage can be claimed for either individually or together. For more advice on NHS data protection breach compensation payouts, please contact our advisors today.
No Win No Fee Health Data Breach Claims
In order to make a start on your claim seeking compensation for a breach of your own personal data, contact our advisors today. They can discuss the claims process in more detail and assess your eligibility to start your case free of charge. Upon deciding your particular circumstances meet the eligibility criteria, our advisors can connect you to one of the data breach experts from the solicitors that our on our panel.
Our panel can offer their support under a Conditional Fee Agreement (CFA), a type of No Win No Fee contract that offers claimants substantial advantages:
- No initial fees for the solicitor to begin working on your claim in most cases.
- No fees for this work as your claim progresses.
- No fees for the work they complete following your claim’s failure.
A successful data breach claim will see you awarded compensation. This can be for both material and/or non-material damage. The solicitor will receive payment by subtracting a legally capped percentage of this compensation in order to cover the success fee for their work.
Our experienced team of advisors can provide further details on data breach claims, address any concerns you may have and assess your eligibility to begin a claim free of charge. To talk to a team member, use any of the contact details given here:
- Phone on 020 8050 3051.
- Complete our “Contact Us” form online.
- Use our 24/7 live chat function for a real-time response to your queries.
Find Out More About Medical Information Data Breaches
Find more of our data breach claims guides here:
- Learn when you are able to start a compensation claim for breaches of children’s data.
- Find out more about starting a pregnancy data breach claim.
- See if you’re eligible to claim following a breach of data caused by lost or stolen paperwork.
External resources you may find useful:
- This ICO resource explains the lawful basis for processing personal data.
- You can find out more about getting support for mental health using this NHS page.
If you would like to find out whether you could claim NHS data breach compensation, please contact an advisor. They can also offer further explanation of the data breach claims process, answer your questions and give a cost-free assessment of your particular circumstances.
