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Brighton and Sussex University Hospitals NHS Trust Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Brighton and Sussex University Hospitals NHS Trust Data Breach

I Was Affected By A Brighton & Sussex University Hospital Trust Data Breach, Could I Make A Claim?

Data typically refers to any information which could be used to identify you, whether that be directly or indirectly. A data breach can happen when your personal information is accessed, leaked or destroyed without your permission.

Brighton and Sussex University Hospitals NHS Trust data breach claims guide

Brighton and Sussex University Hospitals NHS Trust data breach claims guide

If you’ve fallen victim to a data breach through no fault of your own, you may be suffering as a result, whether that be financially or psychologically. Providing that those in possession of your information were at fault, you could be entitled to compensation for your breach of privacy.

Whether you’d like to make a claim or learn more about what you’re entitled to, our No Win No Fee solicitors at Legal Expert are here to help. For free advice and support on a Brighton and Sussex University Hospitals NHS Trust data breach, please contact one of our specialist advisors to receive a complimentary consultation and see what we could do for you today:

Select A Section

  1. A Guide to Brighton and Sussex University Hospitals Trust Data Breach Claims
  2. What Is A Brighton and Sussex University Hospitals Trust Data Breach?
  3. Applying The GDPR In Hospital Trust Data Protection
  4. How An NHS Trust Could Breach Data Protection Laws
  5. Data Breaches By Brighton And Sussex NHS Trust
  6. How Could The Information Commissioners’ Office Help?
  7. Valuing What You Could Claim For A Data Breach By The NHS
  8. Brighton And Sussex University Medical Data Breach Compensation Calculator
  9. No Win No Fee Claims For Brighton & Sussex University Hospital NHS Trust Data Breaches
  10. How To Choose The Right Data Breach Claim Lawyer
  11. Contacting A Data Breach Lawyer
  12. Additional Resources

A Guide to Brighton and Sussex University Hospitals Trust Data Breach Claims

Though you may not realise, you probably consent to GDPR requests every day. By ticking the pop-up boxes that agree for a website to use cookies, you’re allowing them to process your data.

In medical situations, you may also come into contact with data permissions when making an appointment or filling out a questionnaire. More importantly, your medical records are a hub of personal information, containing sensitive details that you entrust to be protected.

However, medical data breaches can happen, whether caused by a targeted cyberattack or simply human error. If your personal information is compromised without your permission, you could experience suffering as a result, ranging from financial to psychological damage. But did you know that you could be entitled to compensation for this suffering?

This guide provides a comprehensive overview of how to claim compensation after falling victim to a Brighton and Sussex University Hospitals NHS Trust data breach. We’ll help you understand your rights in making a claim, including how to calculate how much compensation you’re entitled to and how a No Win No Fee agreement could work for you.

However, please note that you can only claim within 6 years, otherwise you risk losing the compensation you deserve. If your claim also addresses a breach of your human rights, then this limitation period shrinks to just 1 year.

If you’d like some advice on your situation or have any questions during this article, please don’t hesitate to contact one of our specialist advisors. Not only can they give you a free consultation but they can put you in touch with our solicitors at Legal Expert. With the expert guidance of a professional, you could give your case the best chances of success and significantly ease the claims process in the meantime.

What Is A Brighton and Sussex University Hospitals Trust Data Breach? 

A data breach can happen when your personal information is accessed, leaked or destroyed without your permission. This breach may have caused you to suffer some form of damage, particularly concerning data of a private nature.

In terms of medical data breaches, there are many ways that patients’ personal information could be compromised. For example, administrative staff may have failed to appropriately hide your medical records from the view of unauthorised third-parties. Alternatively, your sensitive personal details may have been sent to the wrong address and fallen into the wrong hands.

Whatever your situation, if your data has been compromised without your consent, you may be entitled to compensation, provided that those responsible for protecting your data breached their duty, causing you to suffer some form of damage as a result. To see whether you could claim, please get in touch with our specialist advisors today for a free consultation.

Applying The GDPR In Hospital Trust Data Protection

The General Data Protection Regulation (GDPR) was enacted into UK law in 2018 under the Data Protection Act 2018. The purpose of this legislation was to allow data subjects to gain a sense of control over organisations’ processing of their personal information, including how it is collected, stored, disclosed and used.

Under GDPR, organisations must obtain your consent before they process your data and outline how and why it may be used. Before they do so, they must have a solid system of data protection in place. Should there be a breach, you must be alerted within 72 hours of discovery.

Some other key rules that organisations are subject to under the GDPR include:

  • Data of a personal nature must be kept up to date on record
  • Data processing must be lawful and transparent
  • Data processing must be confidential and secure, meaning encryption may be necessary
  • Data must only be retained within the agreed timeframe

Do you believe that Brighton and Sussex University Hospitals NHS Trust data protection practices have breached GDPR rules? If your data has been compromised as a result, you could be entitled to compensation, providing that you can demonstrate their failings and the harm you’ve suffered as a result.

To see how much you could claim, please contact one of our advisors today for a free consultation.

How An NHS Trust Could Breach Data Protection Laws

As medical databases make lucrative hacking targets, a data breach of the Brighton and Sussex University Hospitals NHS Trust could be the result of a cyberattack. However, data breaches can result from flawed systems in place or human error.

Some examples of how an NHS trust could breach data protection rules include:

  • Using your outdated personal information to communicate sensitive medical details and mistakenly informing an unauthorised third-party as a result
  • Supplying your medical records to organisations without your permission
  • Leaving your information in view of others who aren’t permitted to see it
  • Accessing of your personal information by staff with no medical reason

It could be the case that you’ve suffered a data breach without knowing it until you’re informed, or the organisation responsible may never find out. However, if a data breach concerning your information does come to light, you must be informed.

If you discover your information has been compromised as a result of Brighton and Sussex University Hospitals NHS Trust’s data protection failings, you could be entitled to compensation as long as you can demonstrate the breach and the harm caused as a result. Please speak to one of our specialist advisors today to learn more and see how our solicitors could help you make a successful claim.

Data Breaches By Brighton And Sussex NHS Trust

Given its scale, the Brighton and Sussex University Hospitals NHS Trust may appear a watertight organisation. However, it’s suffered its fair share of data breaches in the past.

In 2012, the ICO issued a fine of £325,000 following thousands of patients’ personal information being sold on eBay. The unlawfully disclosed information included identifiers like home addresses and national insurance numbers, as well as sensitive details surrounding their sexual health.

The incident occurred in 2010 when the trust’s IT provider (Sussex Health Informatics Service) subcontracted the destruction of data hard drives. However, rather than wiping all 1,000 of the drives, the sub-contractor took 252 and managed to sell 232 online.

Source: https://www.databreaches.net/nhs-trust-fined-325000-following-data-breach-trust-frankly-surprised-at-fine-and-intends-to-appeal/

If you’ve suffered a data breach as a result of Brighton and Sussex University Hospitals NHS Trust negligence, you could be entitled to compensation if you can prove that their failings were responsible for the harm suffered. To find out whether you have a claim, please contact one of our specialist advisors today and see how our solicitors could help you.

How Could The Information Commissioner’s Office Help?

If you’ve suffered a data breach, you should be notified by the organisation responsible within 72 hours. However, to have any chance of making a successful claim for compensation, evidence is required to support your case.

You may wish to contact the organisation responsible for your data breach and address your concerns on the issue directly. Any response you may receive could evidence a future claim against them, providing that it contains an admission of wrongdoing or liability.

If you don’t get a response or you aren’t happy with the one you receive, then you could get in touch with the Information Commissioner’s’ Office (ICO). The ICO is an independent organisation offering guidance to data controllers and data processors. They can also offer you advice on how to work with the organisation responsible for your breach. In extreme cases, the ICO issues fines to punish organisations for their negligence in response to concerns raised.

Please note that the ICO doesn’t usually investigate concerns raised more than 3 months after you had meaningful contact with the firm responsible for your breach. Furthermore, the ICO won’t compensate you for the data breach you’ve suffered as it simply functions to improve data protection practices.

However, findings by the ICO could support any future claim you make for your suffering, providing that they evidence the organisations’ liability.

Whatever your situation, our solicitors could help you make a successful Brighton and Sussex University Hospitals NHS Trust data breach claim by building your case on your behalf. With years of experience in the claims process, why not get in touch today to see what we could do for you?

Valuing What You Could Claim For A Data Breach By The NHS

As part of a Brighton and Sussex University Hospitals NHS Trust data breach compensation claim, there are two heads of damage that could be accounted for: material and non-material damage.

  • Material damage covers financial loss caused by your data breach. For example, your credit rating may have been damaged, or in extreme cases, you may fall victim to identity theft.
  • Non-material damage covers any psychological and psychiatric damage you may have suffered as a result of your data breach, including anxiety or mental anguish.

The amount of compensation you’re awarded for damages depends on the severity of the breach and the extent of your suffering. To help assess the impact that the breach has had on you, they’ll consider how areas like work, relationships, and quality of life have been affected.

However, navigating the claims process can prove particularly challenging, so it’s always best to have a legal professional help secure you the compensation you deserve for your suffering. To see how our solicitors could help you, please speak to one of our advisors today.

Brighton And Sussex University Medical Data Breach Compensation Calculator

If you’re wondering how much compensation you could be able to claim after falling victim to a Brighton and Sussex University Hospitals NHS Trust data breach, this section could help.

Following the case of Vidal-Hall and others v Google Inc in 2015, the basis of claiming damages solely for distress was established. This means that non-material damage can be claimed for regardless of whether any material damage was experienced.

In the case, it was recommended that compensation for data breach cases should be calculated in line with that of personal injury claims. To help us achieve this, we can look at figures from the Judicial College Guidelines (JCG). The table below provides estimated settlement awards regarding psychological and psychiatric trauma:

Type of SufferingSeverityCompensation BracketDetails
Post-Traumatic Stress Disorder (PTSD)Severe£56,180 to £94,470All aspects of the claimant’s life will have been impacted, preventing them from working or functioning as they did prior to their trauma.
Post-Traumatic Stress Disorder (PTSD)Less severeUp to £7,680Full recovery within 1-2 years, with only minor symptoms persisting.
Psychiatric DamageModerately Severe£17,900 to £51,460The claimant’s ability to cope will have been impacted, affecting everything from work to relationships. However, the prognosis is more optimistic than a severe diagnosis.
Psychiatric DamageLess SevereFrom around £1,440 to £5,500The claimant will have struggled with daily activities and sleeping as a result of their trauma but improvement will be good.

The value of compensation you’re awarded is based on the extent of your suffering and the impact it’s had on your life. To help determine this, your solicitor will arrange a medical assessment for you with an independent expert.

To see how much compensation you could receive, we advise you to avoid medical data breach compensation calculators, as the figures they provide can be inaccurate generalisations. Instead, you can receive a free consultation that you can trust by getting in touch with our specialist advisors today.

No Win No Fee Claims For Brighton & Sussex University Hospital NHS Trust Data Breaches

Given the financial risk associated with making a claim – particularly when taking on an organisation like the NHS – it’s common to feel deterred. However, our solicitors work on a No Win No Fee basis to make the process as smooth as possible and to alleviate any anxieties you may have.

As part of our Conditional Fee Agreement (CFA), the following terms are in place to give you peace of mind:

  • If we don’t win your case, you don’t have to pay your solicitor’s fees
  • There are no upfront costs or hidden fees at any stage of the claims process

We’ll only take on your case if we believe we can win it for you, in which case, we’ll ask for a small percentage of your compensation payout to cover our legal fees. Referred to as a ‘success fee’, this payment is clearly noted in your agreement and is legally capped to ensure you receive the compensation you’re entitled to.

To see whether you’re eligible to make a Brighton and Sussex University Hospitals NHS Trust data breach compensation claim on a No Win No Fee basis, please get in touch with us today.

How To Choose The Right Data Breach Claim Lawyer

A solicitor can help ensure your claim has the best chances of success, using their experience and knowledge to secure you the compensation you deserve. But how do you find the best one for you?

Rather than searching your local high street for a nearby law firm, why not choose our No Win No Fee solicitors at Legal Expert?

Our team can connect with you instantly, no matter where you’re based. In addition, we can provide you with regular updates on your claim via phone calls, emails and even meetings in-person if you’d like.

If you’re still unsure, why not check out reviews of our service by clicking here.

Contacting A Data Breach Lawyer

To see how our solicitors at Legal Expert could help you, please get in touch with one of our specialist advisors where you’ll receive a free consultation at your convenience:

  • Call 0800 073 8804 to speak to one of our advisors
  • Complete an online enquiry form and we’ll get back to you
  • Email info@legalexpert.co.uk to start a discussion with our team
  • Use the chat feature on your screen to get an immediate response from us

Additional Resources

If you’ve been affected by a Brighton and Sussex University Hospitals NHS Trust data breach, please follow the links below for some additional resources:

 

Guide by Mavers

Edited by Billing

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