Discover If You Are Eligible To Claim NHS Data Breach Compensation
Every day, the NHS handles a vast volume of personal data for both patients and staff. Most of the time, everything runs smoothly, but the consequences can be very serious when something does go wrong. That’s why we’ve made this guide to claiming NHS data breach compensation.
We’ll examine when you could make a personal data breach claim, and crucially, how you can prove there was a failure to adequately protect your personal information. Other key topics include the impact of a NHS data breach and how compensation figures are determined in data breach claims.
Key Takeaways In NHS Data Breach Compensation Claims
- A personal data breach is a security incident where the availability, integrity, or confidentiality of personal data is impacted.
- NHS providers can hold a huge volume of personal data, some of which can be extremely sensitive.
- There have been some serious NHS data breaches, which we examine below.
- You could claim compensation if you have suffered financially and/or psychologically due to an NHS data breach.
- Our panel of dedicated data breach solicitors can offer eligible claimants very desirable No Win No Fee terms.
You can check if you can claim data breach compensation by contacting our advisors, who are available 24/7 via the details below:
- Call the team on 020 3870 4868.
- You can also start a claim online on our website.
- At UK Law, we operate a live chat service where you can get through to an advisor at any time.
Select A Section
- Who Is Eligible To Claim For NHS Data Breach Compensation?
- What Data Can NHS Services Hold?
- How To Make A Data Breach Claim Against The NHS
- The Potential Impacts Of An NHS Data Breach
- How Much NHS Data Breach Compensation Could You Receive?
- Start Your Data Breach Claim Against The NHS Today
- Learn More
Who Is Eligible To Claim For NHS Data Breach Compensation?
Before we can discuss who is eligible to claim for NHS data breach compensation, we need to talk about the different parties that can be involved in personal data breaches. There are 3 to be aware of:
- Data subjects are the identifiable individuals connected to the personal data.
- Data controllers are typically organisations, such as an NHS Trust, who are responsible for collecting personal data and deciding how it used and handled.
- Some controllers may opt to use a third-party data processor to process the personal information for them. It’s important to note that not all controllers will do this.
Both controllers and processors must keep personal information safe and process it in a lawful way as per the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). These provide the framework for data protection for UK citizens.
In order to make a data breach claim, you must meet specific criteria:
- An organisation failed to meet their obligations under the UK GDPR and DPA.
- The failure resulted in the compromising of your personal information.
- Consequently, you endured financial losses, psychological distress, or both.
For further information, please connect with our advisory team for a free assessment.
Have There Been Any Data Breaches Within The NHS?
There have been some high profile data breaches within the NHS. We have provided details of a few of these to give you an idea of how a personal data breach impacts those affected:
- Torbay Care Trust: A data breach resulted in sensitive personal data concerning the sexual orientation and religious beliefs of over 1,000 staff being disclosed online. Other published information included names, dates of birth, pay data, and national insurance numbers. The ICO found a severe lack of data security training and inadequate investigative procedures to identify potential issues. Due to this, the ICO fined the trust £175,000 for the data breach.
- Meta Pixel data breach: 20 NHS trusts shared the medical records of patients with US tech giant Meta without patient consent. Meta used the patient data collected by its tracking software Meta Pixel for its own business interests.
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Cambridge University Hospitals NHS Foundation Trust: The trust posted patient data, including medical information, on two separate occasions whilst responding to Freedom of Information Act (FOI) requests online. One breach affected 22,073 maternity patients at The Rosie Hospital, revealing their names, hospital numbers, and birth outcomes. The second breach impacted 373 people on clinical trials for cancer, revealing medical information alongside names and hospital numbers.
These real life examples are not the only ways in which a data breach could occur at an NHS trust or other service provider. To discuss claiming for the personal data breach you have experienced, talk to one of our trained advisors today.
Sources:
- https://www.theguardian.com/society/2023/may/27/nhs-data-breach-trusts-shared-patient-details-with-facebook-meta-without-consent
- https://www.theguardian.com/uk/2012/aug/06/nhs-trust-fined-data-security
What Data Can NHS Services Hold?
NHS services can hold a vast range of personal data on patients and staff members. The Information Commissioner’s Office (ICO), the UK’s independent authority for upholding data rights, defines personal data as any information that could help identify a living individual through either direct or indirect means. For instance, a NHS service might collect the following information:
- Names and addresses.
- Contact details.
- NHS number.
Special Category Data
In addition, the NHS often needs access to more sensitive information, which requires a higher level of protection per the UK GDPR’s “special category data.” It encompasses information concerning health, sexual orientation (as well as sex life), genetic data, and racial or ethnic origin.
To find out more about NHS data breach compensation claims, talk to one of our dedicated advisors today.
How To Make A Data Breach Claim Against The NHS
In order to make a claim after an NHS data security breach, you will need to provide clear supporting evidence that proves the incident was due to wrongful conduct, leading to financial loss, psychological injury, or both.
Evidence that can be used in NHS data breach compensation claims include:
- A data breach notification letter if you received one informing you about a personal data breach.
- Any other correspondence you had with the data controller regarding what happened, such as email exchanges.
- Medical records confirming a professional diagnosis of psychological injury.
- Bank statements, payslips, and other documents outlining related financial losses.
- If you complain to the ICO, you could use the outcome of an investigation as evidence.
Besides the matter of evidence, you may want to contact your bank and monitor accounts for any suspicious activity. It is also a good idea to change your passwords and add two-factor authentication for additional layers of security.
Talk to a team member today to learn more about how evidence is used when claiming NHS data breach compensation.
The Potential Impacts Of An NHS Data Breach
Besides large amounts of personal data being put at risk, the personal information held by NHS service providers can be highly sensitive.
If those details are disclosed to family, colleagues, or other unapproved persons, this could result in significant distress. The psychological harm can vary greatly depending on the particular circumstances of the case and the individual affected.
In minor cases, data breaches may result in temporary stress that dissipates within a few weeks. At the opposite end of the spectrum, a person could suffer severe post-traumatic stress disorder and face serious problems in their daily life for years.
How Much NHS Data Breach Compensation Could You Receive?
The potential value of a data breach claim is dependent on the particular circumstances of the case. For instance, the Judicial College Guidelines (JCG) suggests that compensation for a severe form of post-traumatic stress disorder (PTSD) may range from £73,050 to £122,850.
For successful data breach claims, compensation can be awarded for:
- Material Damage: The financial losses resulting from a breach of personal data, which we will examine in detail.
- Non-material damage: The psychological distress resulting from a personal data breach.
Solicitors can refer to your medical evidence in conjunction with the Judicial College Guidelines (JCG) in order to determine a potential compensation figure for non-material damage. This document contains compensation guidelines for a range of injuries. The psychological harm brackets have been used in the table below.
Compensation Table
Please be advised that this table has been included for guidance only. We must also emphasise that the leading figure is not derived from the Judicial College Guidelines.
| Type of Harm | Severity | Guideline Compensation Figure |
|---|---|---|
| Very Severe Psychological Harm with Financial Losses | Very Severe | Up to £500,000+ |
| General Psychiatric Injury | Severe | £66,920 - £141,240 |
| Moderately Severe | £23,270 - £66,920 | |
| Moderate | £7,150 - £23,270 | |
| Less Severe | £1,880 - £7,150 | |
| Post-Traumatic Stress Disorder | Severe | £73,050 - £122,850 |
| Moderately Severe | £28,250 - £73,050 | |
| Moderate | £9,980 - £28,250 | |
| Less Severe | £4,820 - £9,980 |
What Is Material Damage Compensation?
As noted above, material damage is the financial harm caused by a breach of personal data. Below, we set out some of the losses that can be covered by data breach claims.
- Loss of earnings if you needed time away from work.
- Medical expenses supporting your mental health, such as prescriptions and counselling.
- Investing in extra home security if your address has been exposed.
- Any costs incurred due to relocation.
Make sure you have copies of your payslips and other documents proving the material damage you suffered due to your data being breached.
To discuss claiming compensation and making a claim, talk to the team today.
Start Your Data Breach Claim Against The NHS Today
When looking to make an NHS data breach compensation claim, it is important to protect yourself from the potentially high fees involved in hiring a solicitor. Mindful of that, our panel of expert data breach solicitors can offer eligible claimants a highly desirable No Win No Fee contract called a Conditional Fee Agreement (CFA).
By instructing a solicitor under a CFA, you will benefit from:
- No fee to pay a solicitor for work to begin on the claim.
- No solicitor’s fee during the actual claims process.
- Lastly, if the claim fails, there will be no solicitor’s fee for their work.
If your claim succeeds, however, you’ll receive a data breach compensation payout. Per the terms of a CFA, your solicitor will deduct a success fee from the compensation. The Conditional Fee Agreements Order 2013 imposes a cap of 25% on the percentage taken, meaning most of whatever is paid out is yours to keep.
Contact Us Today
You can check if you can claim NHS data breach compensation for free by contacting our advisors. Our team are available 24/7 via the details below:
- Call the team on 020 3870 4868.
- You can also start a claim online on our website.
- Use our live chat service to get through to an advisor at any time.
Learn More
You can look at some of our other data breach claims guides below:
- Learn about lost device data breach claims.
- Explore the impact of a verbal disclosure data breach.
- Discover how to make a treatment centre data breach claim.
These external resources may also be useful:
- Mental health charity Mind has a range of resources and support.
- The National Cyber Security Centre (NCSC) has released this guidance for individuals and families to help them avoid data breaches.
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The government has set out the rights for data subjects outlined by data protection legislation.
Thank you for reading our guide to claiming NHS data breach compensation. You can get a free validity check for your potential claim by talking to our advisors. The team are available 24 hours a day via the contact information given above.
