When a GP surgery data breach occurs, it can leave you feeling exposed and vulnerable. We understand that taking legal action may seem like a daunting prospect, but our guide about GP surgery data breach claims will help you proceed.
Things To Remember Following A GP Surgery Data Breach
- Your GP surgery holds personal and special category data that they are legally required to handle appropriately.
- You need to provide evidence of the damage you have suffered in order to have a valid claim. This may be emotional distress, financial harm or a combination of the two.
- The level of data breach compensation will be assessed based on the impact you have suffered.
- Our panel of No Win No Fee solicitors could offer you a Conditional Fee Agreement (CFA), which means there are no upfront or ongoing solicitor fees to pay.
If you meet the eligibility criteria, you can start your claim today with a data breach solicitor from our panel. They understand that it can be an overwhelming situation, but their guidance will help you to move forward.
Contact our advisors for free advice:
- Via Telephone on 020 8050 3051
- Through our online contact form
- You can connect with an advisor using our online chat in the bottom corner
Browse Our Guide
- What Is A GP Surgery Data Breach?
- Do GP Surgeries Hold Special Category Data?
- Evidence In Data Breach Claims
- How Much Compensation Could You Get From A GP Surgery Data Breach Claim?
- What To Expect From A Data Breach Claim
- Could A No Win No Fee Solicitor Help Me Claim For A GP Data Breach?
- Learn More About Data Breach Claims
What Is A GP Surgery Data Breach?
A GP surgery data breach occurs when the surgery has compromised your personal data. This type of data covers a broad range of information that could be used to identify you, either on its own or when paired with other data. Examples of personal data include your:
- Home address
- Personal telephone or mobile number
- Name
Your GP surgery holds your personal data and needs to protect it. The Information Commissioner’s Office (ICO) is the independent public body that upholds UK citizens’ data rights. According to the ICO, a data breach occurs when said data is unlawfully or accidentally:
- Destroyed
- Lost
- Altered
- Unauthorised disclosure or access to
Failure to update the GP’s cybersystems could result in a breach, leaving systems vulnerable to hackers. Additionally, human error can result in a data breach. An example is the receptionist at a GP Surgery sending a letter to an address other than the one given by the patient.
Could I Claim Compensation?
You can claim compensation from your GP surgery if you can prove that:
- The surgery did not follow data protection laws- these include The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR)
- This meant that your personal data was breached
- The breach directly caused you harm
The harm caused by the breach can be emotional distress, financial losses or both. We provide further information on this in the section ‘Material Damage Compensation’.
The DPA and the UK GDPR mean that your GP surgery is legally bound to handle your data correctly. They must ensure that they follow the data protection principles which means using your data:
- Used transparently, lawfully and fairly
- Accurate and up-to-date
- Not stored for longer than necessary
- Handled confidentially
- Purposely and minimising data use
- With accountability
If your GP surgery fails to comply with these measures, resulting in a data breach, you might be able to claim.
Get in touch with our advisors for more information on your eligibility to claim.
Do GP Surgeries Hold Special Category Data?
Organisations such as your GP surgery hold special category data, which is a type of personal data. The UK General Data Protection Regulation (UK GDPR) is a law that regulates the control and processing of UK citizens’ data. Special category data is a type of personal data that is considered more sensitive in nature and, therefore, requires further protection.
The Information Commissioner’s Office (ICO) outlines special category data as particularly sensitive information that refers to a person’s:
- Personal medical data
- Sexual orientation or sex life
- Religious or spiritual beliefs
- Race or ethnic origin
- Membership of a trade union
- Genetics
You can speak with our advisors for more information about special category data.
Evidence In Data Breach Claims
You will need evidence in order to submit your GP surgery data breach claim. Your evidence may include:
- Proof of financial impact- for example, a paycheck or bank statement.
- Confirmation of the data breach- the GP surgery will often send you a data breach notification letter stating which parts of your data were breached.
- Evidence of psychological suffering- this includes a letter from your psychologist or medical records.
- Correspondence between yourself and the GP surgery.
- A report from the Information Commissioner’s Office (ICO)- you can report the breach to the ICO, and they might investigate the matter for you. Their findings may give support to your claim.
We recommend that you keep copies of all relevant written correspondence and receipts related to your experience of the breach for your records. This could really help your claim.
Contact our advisors if you are unsure about your evidence, as they can explain further.
How Much Compensation Could You Get From A GP Surgery Data Breach Claim?
The level of compensation that you can expect depends upon your experience of:
- Emotional distress (non-material damage. This includes feelings of anxiety or depression that you have had due to the breach).
- Financial losses (material damage).
It is not possible in this guide to tell you how much compensation you could receive. However, a quick phone call to our advisors could allow them to assess your case.
The table below gives guideline compensation figures for psychological damage and post-traumatic stress disorder based on the Judicial College Guidelines (JCG). The Judicial College has compiled these guidelines for those who value claims. Figures included in the first row of figures do not come from the JCG.
| Type Of Injury | Severity | Guideline Compensation | Notes |
|---|---|---|---|
| Severe psychological suffering combined with financial losses | Severe | Up to £500,000+ | Compensation for claimants who have experienced severe psychological suffering and financial losses |
| General Psychological Damage | Severe | £66,920 to £141,240 | Very poor prognosis and major difficulties when functioning in daily life |
| Moderately Severe | £23,270 to £66,920 | More hopeful prognosis than the severe category but still experiencing issues in daily life | |
| Moderate | £7,150 to £23,270 | Good prognosis but claimant experiencing many issues | |
| Less Severe | £1,880 to £7,150 | Compensation depends upon the impact on sleep and daily activities | |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 | Injury has life-long effects which prevent claimant from living the same lifestyle they had before injury |
| Moderately Severe | £28,250 to £73,050 | Marked disability but improved prognosis compared to severe cases | |
| Moderate | £9,980 to £28,250 | Claimant mostly recovered | |
| Less Severe | £4,820 to £9,980 | Minor symptoms continue but claimant near fully-recovered |
Material Damage Compensation
Material damage describes the financial effects that you have experienced due to the breach. You may have paid for or lost money due to:
- Relocation
- Counselling
- Not being able to work
Our panel will assess all aspects of the impact of the breach to ensure that your claim is filed in full. Once you accept a settlement, you cannot have your GP surgery data breach claim reopened, even if more effects become apparent.
If you need further advice, you can contact our advisors.
What To Expect From A Data Breach Claim
The UK General Data Protection Regulation (UK GDPR) gives you the right to claim compensation for a data breach. You are not obliged to use legal representation; however, we recommend that you use a solicitor from our panel of data breach solicitors to improve your chances of success.
Your solicitor must follow Pre-action Protocol, which are the measures that the court expects you to take before starting court proceedings. Your solicitor will:
- Start negotiations- our panel know how to argue on your behalf
- Gather your evidence- for example, they may seek permission to access your medical records
- Help you to decide if the potential offer of a settlement is in your best interest
You may not have the chance to settle outside of court, or you may not want to accept an offer. Consequently, you might take your claim to court. In this case:
- The judge will hear your case and consider all the relevant facts.
- Your solicitor will argue your claim and present evidence
- Your solicitor will ensure that the claim is filed within the time limit
Our panel of advisors will simplify the claim process for you. Contact our advisors to learn how to claim.
Could A No Win No Fee Solicitor Help Me Claim For A GP Data Breach?
Our panel offer No Win No Fee contracts so that you don’t have to worry about paying fees to your solicitor for their services:
- Upfront
- During the claim
- If your claim is not successful
By signing a Conditional Fee Agreement (CFA), you agree that you have to pay a success fee if the GP surgery data breach claim succeeds. This is taken from your compensation. The percentage that can be taken is legally capped, so you will not have to give them an excessive amount.
You can contact our advisors to find out how a No Win No Fee contract could benefit you today.
Get In Touch
Don’t hesitate to contact our team if you have been affected by a GP surgery data breach. If you can show that the breach impacted you, and it was the result of wrongful conduct, we may be able to help you get compensation. Our panel of solicitors offers in-depth knowledge of the legal system and the capability to get the best results.
Contact our advisors:
- Via Telephone on 020 8050 3051
- Through our online contact form
- Live chat
Learn More About Data Breach Claims
Check out our website for more information. You can:
- See a case study of a medical records data breach
- Advise on what to do if your data is breached.
- Read about how to claim compensation for a medical data breach
For more information, you can:
- Read the data breach guide by the NHS
- Guidance on data breaches for individuals and families from the National Cyber Security Centre.
- Information about stress from the NHS.
We appreciate you taking the time to read our guide and hope that you now have more information about GP Surgery data breach claims.
