How To Sue For NHS Data Breach Compensation

In order to sue for NHS data breach compensation, you need to check whether you have a valid claim. Before discussing the eligibility of an NHS medical data breach claim, we need to understand some key terms.

A data controller is an organisation which decides the method and reason for which your personal data will be processed. For the purpose of this guide, we will consider the NHS to be the data controller.
On the other hand, a data processor is an agency or organisation which processes personal data on behalf of the data controller. It is important to remember that not all data controllers will employ data processors for this purpose.
A personal data breach is an incident that affects the integrity, confidentiality, or availability of personal data. We will explain personal and other kinds of data in more detail in the subsequent sections.
In the United Kingdom, the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (GDPR) are the relevant legislation governing data privacy and protection.

Therefore, the eligibility for a valid NHS medical data breach claim is as follows:

The NHS failed to follow data protection practices.
This failure led to a medical data breach.
You suffered physically, mentally or financially due to this data breach.

Who Could Be Affected By An NHS Data Breach?

Patients, staff and their families could be affected by an NHS data breach. We will now explore how and why this can happen:

Patient

The most direct impact of an NHS data breach is on the patient, if their medical details are exposed, potentially causing embarrassment, discrimination, or distress.
A breach of address and other details can also pose safety risks for vulnerable patients, such as abuse victims. For example, if a staff member fails to update an address despite being requested to do so, patients’ personal data could be at risk.
A large-scale cyberattack can cause major disruption to NHS services, including the cancellation of appointments and surgeries.

Staff

NHS staff members are also affected, as their names, addresses, and payroll details can be breached. This can raise safety concerns and pose a risk of financial crimes.
Employees may experience anxiety if unauthorised persons gain access to their data.

Families

The families of both patients and the staff can be affected if any related information is leaked or destroyed.
This can raise concerns about the safety of all family members or friends due to the risk of stalking.
Additionally, if data is destroyed, family members with authorisation may lose access to their relative’s information, resulting in missed appointments.

Get in touch to discuss more about suing for a GDPR data breach.

What Could Cause An NHS Data Breach To Occur?

Factors that could cause an NHS data breach include sending documentation to the wrong address, losing paperwork, and failing to upgrade security measures. According to the latest statistics, the health sector reported the highest number of data breaches, with the most common reason being an email sent to the wrong recipient.

We will now discuss these examples in more detail:

You have provided your GP surgery with the updated address after moving. However, the receptionist posts a letter related to your ultrasound referral to your old address. This causes you anxiety since this increases the chance of other people knowing your medical history.
Your medical paperwork is left unattended on a hospital table, leading to one of your documents being misplaced. This causes you undue emotional distress since the document that was misplaced contained your GP summary and a list of your illnesses.
A hospital uses outdated cybersecurity software on all its systems, making it easier for hackers to gain access. This causes a person to be severely mentally disturbed since their cancer reports are leaked, and they need psychological counselling.

Call our advisory team now for more examples to understand how to sue for an NHS data breach compensation.

The Types Of Data Held By The NHS

The types of data held by the NHS include personal data and special category data. Looking at some examples could help with fully understanding these terms:

Personal data comprises information which can identify an individual, either directly or when combined with other information. Some examples of this include name, email address and phone number.
Special category data is a type of personal data that is more sensitive and requires additional protection. This can include data related to health, biometric information for identification, sexual orientation and sex life.

Do you want more information about health data? Contact our team now to discuss this in more detail while your advisors explain how to sue for NHS data breach compensation.

What Compensation Could Be Paid After An NHS Data Breach?

The compensation that could be paid after an NHS data breach depends on the extent of the psychological harm suffered and the presence of any financial losses.

Your psychological distress is referred to as non-material damage in your NHS health data breach compensation. This is calculated by using the framework provided in the Judicial College Guidelines (JCG).

The table below illustrates some of the JCG figures which may be considered in a data breach compensation claim against the NHS. Please remember that the top row isn’t from the JCG, and this table is just a form of guidance.

Injury	Compensation Guidelines
Severe Mental Trauma and Material Damage- Loss of income, security measures and psychological treatment, along with multiple disorders.	Up to £500,000+
Severe Psychological Damage -Impact on relationships and professional life	£66,920 up to £141,240
Moderately Severe Psychological Damage- Inability to work	£23,270 up to £66,920
Moderate Psychological Damage- Short-lived impact on ability to work	£7,150 up to £23,270
Less Severe Psychological Damage- Impact on daily activities	£1,880 up to £7,150
Severe Post Traumatic Stress Disorder- Unable to function like before	£73,050 up to £122,850
Moderately Severe PTSD- Some recovery with professional assistance	£28,250 up to £73,050
Moderate PTSD- A large recovery and no major disability.	£9,980 up to £28,250
Less Severe PTSD- Nearly a full recovery within 1-2 years.	£4,820 up to £9,980

Can I Sue The NHS For Material Losses After A Data Breach?

Yes, you may be able to sue the NHS for material losses after a data breach, such as the costs incurred while relocating for your safety. If these financial losses are included in your compensation claim, they are called ‘material damage’, which can also include:

Cost of therapy.
Loss of earnings
Additional expenses, such as the installation of security cameras or relocation costs.

Contact our advisors now for more information on the potential payout you could receive while suing the NHS for a data breach.

We are here to help you

Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.

Call us on 0800 408 7827 Start your claim

What To Do If the NHS Has Breached Your Data

If the NHS has breached your data, you could check if there is any letter notifying of the breach, report the incident to the Information Commissioner’s Office (ICO) and seek expert legal advice. You could also take steps to secure your personal data, such as changing passwords and setting up two-factor authentication (2FA) on your accounts.

We will discuss these steps with you in more detail:

Check For A Breach Notification Or Contact From The Trust

If the medical data breach poses a high risk to your safety or personal freedom, the NHS trust is obligated to notify you of the breach as soon as possible.
This communication should be in written form, containing the particulars of the date, reason and nature of the data breach. It can be an email or a letter.
If you suspect a breach has occurred, but you have not received notification from the Trust, you can report it to the data controller. They can then investigate whether a breach has occurred.

Report Incident To Information Commissioner’s Office (ICO)

As a data controller, the NHS organisation is bound to report the data breach incident to the Information Commissioner’s Office (ICO) within 72 hours of discovery.
The ICO is an autonomous body which upholds data privacy rights in the UK and investigates data breaches.
You also have up to 3 months from the date of the last meaningful communication (ie, the date you and the Trust last communicated regarding the data breach) to report your concerns to the ICO.
The ICO can investigate data breaches and issue fines, but they cannot award compensation.

Steps To Mitigate Harm

You could enable two-factor authentication (2FA) on your digital accounts.
Change passwords.
Block spam calls and texts.
If you wish to make a data breach claim, you should speak to an expert data breach solicitor. A data breach solicitor will be able to help assess your claim and collect evidence.

Making Your Claim Within The Time Limit

Usually, you will have up to 6 years to claim against the NHS for a data breach.
You can head over to our guide on time limits for more information.

If you’re still confused about how to sue for NHS data breach compensation, call our team now for more information.

Evidence You Need To Claim NHS Data Breach Compensation

The evidence you need to claim NHS data breach compensation should emphasise the harm you’ve suffered and the liability of the NHS, and can include psychiatric records to illustrate your distress. Some other examples of evidence include:

Medical records and a letter from a psychologist to showcase psychological trauma.
Payslips and bank statements to show financial losses.
Correspondence with the healthcare service provider detailing the data breach incident.
An email or notification letter informing you of the healthcare breach.
Results of the ICO investigation highlighting the overall impact of the medical breach.

Get in touch with our advisors now for assistance in gathering evidence.

How Our Team Can Help You Claim NHS Data Breach Compensation

Our team can help you claim NHS data breach compensation by providing you with expert, hands-on guidance every step of the way. Some of the services which will benefit you include:

An explanation of the complex jargon related to data breaches and privacy law.
Assistance in gathering evidence against the data controller.
Contacting parties, such as the ICO, on your behalf.
Answering any and every question pertaining to how to sue for NHS data breach compensation.
Helping you secure medical and other personal data involved in the breach.

How To Sue For An NHS Data Breach With A No Win No Fee Solicitor

You can sue for an NHS data breach with a No Win No Fee solicitor by contacting our advisors, who will check the validity of your claim. If you have a valid claim, our advisors will then allot your case to a No Win No Fee data breach solicitor on our panel, who will offer their services under a Conditional Fee Agreement (CFA). This means that you don’t have to pay solicitors’ fees:

In the beginning or the middle of your NHS data breach claim.
If you lose your claim against the NHS.

You will be charged a success fee following a successful claim. This is taken as a percentage of your NHS data breach compensation, which is legally fixed to ensure you can keep the majority and move on with your life.

For more information on the benefits of a No Win No Fee data breach claim, reach out to our advisory team now:

Call on 0800 408 7827.
Contact us online.
Talk to an advisor on live chat.

Learn More

Here are some related guides:

Information on suing a post office for a data breach.
Our guide on bank data breach compensation.
Details on suing for employer data breach compensation.

You can also make use of these additional materials:

Guidance from the National Cyber Security Centre on data breaches.
Information from the ICO on getting your data corrected.
Details from the government on the subject access request procedure.

Thank you for reading our guide on how to sue the NHS for data breach compensation. Please get in touch if your personal data has been compromised.

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