Can You Claim For A Pregnancy Data Breach?

This article discusses what you can do after a pregnancy data breach. If your pregnancy status was accidentally or deliberately revealed in a security incident and data breach, causing you harm as a result, we look at what steps you can take to seek compensation from the party at fault.

As you may be aware from recent articles in the media about data breaches, there are laws that protect the data rights of the general public. The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) both require those in possession of protected personal data (called controllers and processors) to ensure they comply with standards of data processing.

Medical data, in particular, is defined by the Information Commissioner’s Office (ICO) as special category data. This independent watchdog monitors and enforces the data rights of the public and explains how data like this should be processed with extra care.

Below we look at who can launch a claim for a data breach by fulfilling the two main points of eligibility. We move on to some examples of how pregnancy status could be revealed unlawfully and what evidence can then support a claim.

In conclusion, we look at the compensation awards for psychological and financial harm that could apply to a successful claim. And how a No Win No Fee solicitor from our panel at Data Breach Claims could help you construct your most thorough claim for data breach compensation. Learn more now when you:

pregnancy data breach

Jump To A Section

  1. Can You Claim For A Pregnancy Data Breach?
  2. What Is A Pregnancy Data Breach?
  3. Data Breach Compensation Calculator
  4. Evidence That Could Help You Claim For A Pregnancy Data Breach
  5. Claim For A Pregnancy Data Breach On A No Win No Fee Basis
  6. Learn More About How To Make Data Breach Claims

Can You Claim For A Pregnancy Data Breach?

A pregnancy data breach claim can be possible if you are able to demonstrate two points. Firstly, you need to show that the controller or processor who held your information was responsible for wrongful conduct with your personal data.

The ICO defines personal data as any detail that can be used to identify you. Therefore wrongful conduct with personal data can involve a loss of integrity, confidentiality or accessibility of data. The causes of a data breach can be accidental human error or deliberate misuse or tampering with that protected information, such as a cyber attack.

The second criterion to show is that the personal data breach went on to cause you actual financial loss, psychiatric injury or both. It is now possible to claim for either or both of these damages in their own right.

A breach of the Data Protection Act 2018 and UK GDPR that fulfils both criteria can be grounds for a valid claim for compensation. To find out how eligible your case might be, speak with our team on the number above.

What Is A Pregnancy Data Breach?

A pregnancy data breach can be any instance when data is unlawfully accessed, altered, destroyed or shared relating to your pregnancy or maternity. As mentioned, medical data (such as information about a pregnancy) demands even greater care when being processed or shared.

Therefore, any information collected and used by doctors, GPs, midwives, obstetricians and NHS or private healthcare workers about your pregnancy must be processed lawfully. Below, are some example situations where a failure to do so could prompt a breach and a claim could be warranted:

  • When a midwife discusses your pregnancy with unauthorised colleagues or the public. For example, a midwife or nurse may discuss a person’s pregnancy with someone known to the pregnant person before they’ve had a chance to properly inform them.
  • Poor or incomplete cyber security at an NHS or private ante-natal clinic that permits an external data hack.
  • When data on a device is lost or stolen because a care worker failed to secure them properly.
  • Likewise, if medical paperwork is lost or stolen because it was left in by an obstetrician in an unsecured filing cabinet or other places where it could be accessed.
  • Personal information about your pregnancy (such as test results) was posted, emailed or faxed to the incorrect address or recipient by a GP.

Importantly, not every data breach is due to wrongful conduct or negligence. To make sure that your claim has a valid chance at the start, speak to our friendly team in confidence on the number above.

Data Breach Compensation Calculator

Not all instances of data breaches are caused by wrongful conduct. Also, a claim may be harder to prove if the agency concerned took all reasonable steps to protect your data. Furthermore, any compensation that is awarded is on a case-by-case basis and varies.

Eligible claims that succeed can be awarded compensation for two types of damage called material and non-material damage. It is important that you have evidence to prove both and we discuss this in detail below.

Non-material damage seeks to compensate for any psychological injury caused by the pregnancy data breach. So you can present medical evidence from your GP or a report from a counsellor that supports your claim of mental distress. Other issues such as anxiety, depression and post-traumatic stress could also be valid. 

To value amounts for distress caused by a data breach, legal professionals can turn to a document called the Judicial College Guidelines (JCG). We include an excerpt below to illustrate:

Award Bracket Suggestions

Type of Psychological HarmHow Severe?Award Bracket GuidelinesDetails
General Psychological and Psychiatric Injury(A) Severe Level£54,830 up to £115,730Significant impact on the person's ability to cope with any area of life and negative prognosis for the future.
(B) Moderately Severe Level£19,070 up to £54,830Instances of work-related stress that stop the impacted person from returning to comparable employment for the foreseeable future.
(C) Moderate Level£5,860 up to £19,070This award bracket assesses similar issues to those noted above but an improvement is seen by any time that the claim may (or may not) go to trial.
(D) Less Severe Level£1,540 up to £5,860The length of injury is valued here with any other psychological issues caused such as sleep disturbance or travel anxiety.
Post-Traumatic Stress Disorder (PTSD)(A) Severe Degree£59,860 up to £100,670Permanent trauma impacts that chronically impact the sufferer in all areas of life.
(B) Moderately Severe Degree£23,150 up to £59,860Similar degrees of severity to those seen in the bracket above but after professional counselling an improvement is seen.
(C) Moderate Degree£8,180 up to £23,150The person does experience some level of recovery on the whole and any overhanging symptoms are manageable.
(D) Less Severe Degree£3,950 to £8,180Virtually a complete recovery within a 2 year time frame and only minor symptoms continuing beyond this time frame.

Please remember that these figures are just guidelines. For a more accurate estimate, get in touch and speak with our advisors.

Claiming For Material Losses

Compensation could also be awarded to address any material damage. This refers to the financial costs and harm created by the pregnancy data breach. Significant data breaches can create far-reaching financial issues for the person involved. You may therefore be in a position to show:

  • Money missing from your bank account.
  • Fraud committed with your bank details and credit card information.
  • A ruined credit score.
  • The cost of re-establishing privacy and confidentiality for you and your family.

All of these issues could arise after pregnancy details about you were accessed and connected by fraudsters to other information like medical bills, child benefits or child support services. Chat over your situation with our team for more guidance.

Evidence That Could Help You Claim For A Pregnancy Data Breach

Other evidence can support your claim after a pregnancy data breach. Below we have detailed some steps and actions that you can take:

  • Complain to the controller and/or processor about your data breach and request an explanation.
  • Gather any correspondence between you and the party who breached your data. You may have a letter or email. Organisations need to promptly inform impacted data subjects about security incidents that have the potential to impact rights and freedoms.
  • Draw together doctor’s notes and medical reports that show injury.
  • Report the pregnancy data breach to the ICO. If they decide to investigate, their findings could help your claim.
  • Seek your own legal advice while you wait for the outcome.

If you want more free guidance on the actions and evidence that could help your claim after a pregnancy data breach, simply speak with one of our advisors.

Claim For A Pregnancy Data Breach On A No Win No Fee Basis

You might have concerns about how much it will cost to work with a data breach solicitor. At Data Breach Claims, we are able to help by introducing eligible claimants to a solicitor from our panel. They are able to offer a version of No Win No Fee contracts called Conditional Fee Agreements (CFA).

Typically no fees are needed for your solicitor’s services if your claim fails under a CFA. Also, no upfront or ongoing costs are expected. In addition to this, nothing needs to be paid if there’s no successful outcome. For claims that win, a small success fee needs to be paid. The law restricts the amount deductible. Therefore, the claimant receives the bulk of their award settlement.

To find out if you qualify for compensation after a pregnancy data breach, get in touch. Our team of advisors can offer detailed guidance on your next legal step and any other parts of the claims process. You can contact us by:

Learn More About How To Make Data Breach Claims

In addition to guidance on pregnancy data breach compensation claims, below are some other helpful resources: