Central London Community Healthcare NHS Trust Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Central London Community Healthcare NHS Trust Data Breach
I Was Subject To A Central London Community Healthcare NHS Trust Data Breach, How Do I Claim?
This article will show you how a Central London Community Healthcare NHS Trust data breach could lead to a compensation claim. A few years ago, everybody started talking about the General Data Protection Regulation or GDPR as it’s more commonly referred to. It was passed into British law by The Data Protection Act 2018. The main point of GDPR is to provide you with more control over how your data is collected, used and shared. It means that companies or organisations including the NHS has to have sound systems in place to manage your data and to keep it secure. While that is usually true, mistakes do happen so we’ll look at what harm can be caused by an NHS data breach, whether they entitle you to compensation and what amount might be paid.
If you are thinking of starting a data breach claim against an NHS trust, Legal Expert could help you begin your claim. We offer a no-obligation telephone assessment of your case and free legal information on the claims process. Should your claim have merit, we could introduce you to one of the specialist solicitors on our team. If they are able to accept your claim, then they’ll work for you on a No Win No Fee service.
Our claims line is open 24-hours a day so please call us on 0800 073 8804 today if you’d like to start a claim. Alternatively, please continue reading if you’d like to find out more before claiming.
Select A Section
- A Guide To Central London Community Healthcare NHS Trust Data Breach Claims
- What Is A Breach Of NHS Patient Or Staff Data?
- GDPR And Personal Or Medical Data Breaches
- How Healthcare Trusts Could Breach Data Protection Laws
- ICO Fines Issued To The Central London Community Healthcare NHS Trust
- Do I Need To Make A Complaint To The Information Commissioner’s Office?
- My Medical Data Was Breached, How May I Be Compensated?
- What Could My Data Breach Claim Against The CLCH Be Worth?
- No Win No Fee Central London Community Healthcare NHS Trust Data Breach Compensation Claims
- How To Find A Solicitor Dealing With Data Breach Claims
- Contact Our Solicitors
- Extra Data Breach And Claims Resources
A Guide To Central London Community Healthcare NHS Trust Data Breach Claims
There are many ways in which an organisation can ask to use your data. In terms of the Central London Community Healthcare NHS Trust (CLCH), you might be asked if they can share your information with other NHS departments. This may happen at the time of registering for treatment and will usually consist of a list of checkboxes to confirm who you authorise the trust to share your information with. For instance, if you may be asked if your information can be shared with mental health services, your GP or social care providers depending on the type of treatment you’re receiving. What’s important is that the trust goes on to only use the data in the ways that you’ve allowed.
During the course of this article, we’ll look at when a Central London Community Healthcare Trust data breach claim could be required, what sort of data breaches can happen and what amount of compensation could be paid. If you are going to make a claim, we should let you know that there is a 6-year time limit. This is reduced to 1-year if the claim is related to a breach of your human rights.
It’s true that 6-years is a long time but we’d advise that it’s much easier to start your claim as early as you can because you’ll find easier to recall the impact of the data breach. Also, starting early means your solicitor will have ample time to gather the evidence required to substantiate your claim.
Later on, we’ll discuss how the Information Commissioner’s Office (ICO) can fine organisations for a data breach. However, in some cases, our solicitors could reach a settlement with the NHS without involving the ICO so why not contact us if you’d like us to assess your claim for free?
What Is A Breach Of NHS Patient Or Staff Data?
The definition of a data breach is when NHS information containing personally identifiable data is disclosed, accessed, lost or destroyed in ways that you have never authorised. It can involve physical or digital information and might happen by accident or because of a deliberate act. The data breach could have no impact at all or it could result in personal and sensitive information being viewed by unauthorised individuals.
While data is often in a digital format, it’s important to understand that data breaches could also happen when printed documents containing your information were left in public view for other patients to read. Another example could be where your medical notes weren’t disposed of correctly and fell into the wrong hands.
There are some data breaches that will never be identified but if an NHS trust becomes aware that data about you has been accessed and could put you at risk, they should inform both you and the ICO about what’s happened and what data was accessed.
GDPR And Personal Or Medical Data Breaches
Different roles are defined by the GDPR to determine who is responsible for your data:
- A data subject is a person whose data is being collected i.e. you.
- The data controller is agency or body determines the purpose and means for processing personal data.
- The data processor is the organisation (or individual) who processes the data on behalf of the data controller.
According to the GDPR, data processing is bound by several principles, including:
- Data processing must be lawful, fair and transparent to the data subject.
- There must be a legitimate purpose for processing data which the data subject must be made aware of.
- Any personal information should be kept up to date and as accurate as possible.
- The processing of data should be confidential and secure.
- Only the minimum amount of data should be collected to fulfil the requirements of processing.
- Data should only be held for the time specified at the time of collection.
Furthermore, the data controller needs to be able to show compliance with the principles listed above.
If a Central London Community Healthcare Trust data breach does happen because the rules of the GDPR aren’t adhered to, you may be entitled to seek compensation. If you’d like to start a claim, please let a member of our team know what harm the breach has caused, and they’ll explain your options for free.
How Healthcare Trusts Could Breach Data Protection Laws
In this section, we’re going to look at how a data breach can occur. While it’s quite common to think about cybersecurity when talking about data breaches, it’s probably more common for them to occur due to human error. Also, it’s worth reiterating that the act that causes the data breach doesn’t need to be deliberate.
Here are some scenarios which could lead to a data breach which you might want to claim for:
- When data is shared (or sold) to an organisation that you’ve not authorised.
- If a member of staff reads your personal records when there is no reason to do so.
- Where documents containing your personal information are left out and an unauthorised person is able to read them.
- If a letter containing information intended for you is sent to a different patient.
- Where staff fail to lock their computer screens while away from their desk which means your data is exposed to others.
- When a computer virus, ransomware or malware means your data is leaked.
It’s quite possible that a data breach might never be identified and might not cause any obvious harm. However, if an audit identifies the breach, you should be informed of what data was accessed and when it happened.
ICO Fines Issued To The Central London Community Healthcare NHS Trust
As mentioned earlier, the ICO are able to issue fines to data controllers who breach the GDPR rules. We’re now going to look at a case that went to the ICO regarding a CLCH data breach in 2012.
In this case, the ICO fined the NHS trust £90,000 because personal details of 59 patients were faxed to the wrong person. The information was faxed to a member of the public on a total of 45 occasions over a 3-month period.
The ICO said that the cause of the breach was that the CLCH NHS Trust did not have sufficient checks in place. A spokesman for the ICO said, “In this case, Central London Community Healthcare NHS Trust failed to keep their patients’ sensitive information secure.” He went on to explain that the fact the information continued to be sent for 3-months with anybody noticing was, “all the more worrying.”
CLCH NHS Trust instructed their legal team to appeal the ICO’s decision as they believed that “the commissioner has acted incorrectly as a matter of law.”
However, the appeal was rejected by both the lower and upper chambers of the Administrative Appeals Chamber meaning the ICO’s decision to find the trust stood.
Do I Need To Make A Complaint To The Information Commissioner’s Office?
If you find out that a data breach containing your personal information has happened, you may decide that you want to ask for compensation to cover the harm it has caused you. If you do, you may find the process of proving what happened and what information was obtained tricky.
There are a couple of steps you could take if you require information to support your claim. The first is to make an official complaint to the NHS. They should investigate the data breach and provide you with their findings. If you’re not happy with their response, you may well decide that asking the Information Commissioner’s Office (ICO) is your next option.
If you do wish to contact the ICO, you should aim to do so within 3-months of your last meaningful contact with the NHS trust. That’s because the ICO doesn’t like to take on cases that take a long time to reach them.
While both of these steps above could help you understand what’s happened, neither will result in you receiving any financial recompense. The ICO are able to fine organisations but not award any type of compensation. The only way you could achieve that is to make a claim against the NHS directly.
If you work with a solicitor, it’s quite possible that they could negotiate a settlement on your behalf directly with the NHS without having an ICO investigation. However, in some cases that might not be possible because of a lack of understanding of what’s happened so the more formal route may be required. While the ICO can’t award compensation, they could provide a view on your claim.
My Medical Data Was Breached, How May I Be Compensated?
In this section of our guide and the next, we’re going to look at why you could receive compensation and how much might be awarded. When starting a data breach claim against the NHS, you could claim for:
- Material damage such as any financial losses you’ve suffered because the data breach took place.
- Non-material damage that covers any suffering or psychological injuries that have resulted from the breach.
It’s impossible to tell you exactly what can be claimed in your case within this article because every claimant is affected in different ways. If you contact Legal Expert about your case, once a solicitor has reviewed what happened, they’ll provide more information about what you can claim for.
When the solicitor is reviewing your claim, they’ll review what effect the breach has had on you. For example, how stress, confusion, anxiety and distress has affected everyday functions like work and education. Also, the effect on family and other relationships will be considered.
In regard to material damage, it’s important to look at long-term losses as well as immediate losses. For instance, if your data is obtained as part of an identity theft crime, your credit file may well be affected for many years to come.
All of these different considerations show how complex making a claim can be. It’s very important though because everything has to be claimed for at the same time. Once you settle a claim in full, you’re not able to ask for additional compensation later for something you forgot to include initially.
What Could My Data Breach Claim Against The CLCH Be Worth?
Unlike other types of cases, when claiming for a data breach, it’s possible to seek compensation even if there have been no pecuniary losses. That guidance was established by the Court of Appeal in the case Vidal-Hall and others v Google Inc . As well as determining claims for non-financial harm where possible, they agreed that they should be settled in the same way as personal injury claims.
Therefore, to demonstrate how much compensation can be awarded for some relevant injuries, we’ve provided the table below. The data contained in the table has been taken from a document which courts and lawyers use to help determine settlement figures called the Judicial College Guidelines (JCG).
|Type of Injury||Severity||Compensation||Further Information|
|Psychiatric Damage||Moderate||£5,500 to £17,900||This range of compensation is for cases where various parts of the claimants life have been affected but prognosis will be good and there will already have been a marked improvement.|
|Psychiatric Damage||Severe||£51,460 to £108,620||This range of compensation is for cases where the claimant's prognosis is poor and they'll have marked problems with different types of relationship. Education, life and work will already be affected but there will also be some future vulnerability.|
|Post-Traumatic Stress Disorder||Less Severe||Up to £7,680||Cases where a full recovery has been made within one to two years. Symptoms will be minor in nature.|
|Post-Traumatic Stress Disorder||Moderate||£7,680 to £21,730||This range of compensation is for cases where the claimant's symptoms have mainly recovered. Any which continue will not be grossly disabling.|
|Post-Traumatic Stress Disorder||Moderately Severe||£21,730 to £56,180||This range of compensation is for cases where PTSD symptoms are likely to lead to significant disability in the foreseeable future. In this bracket, though, the symptoms should improve with professional support.|
You’ll probably notice that the amount paid is based on the severity of your injuries. Therefore, while processing your claim, your solicitor will arrange for a local medical assessment to be conducted. A medical specialist will review any relevant medical records and ask several questions about what impact the breach has had on your mental health.
No Win No Fee Central London Community Healthcare NHS Trust Data Breach Compensation Claims
It’s fairly common for anybody who’s considering starting a compensation claim to worry about how much everything will cost. To reduce some of the financial risks involved, our team of specialist solicitors provide a No Win No Fee solution for any claim they agree to handle.
The first part of the process is where the solicitor will review your case to ensure there’s a reasonable chance of making a successful claim. After that, if you’re both happy to work together, you’ll receive a Conditional Fee Agreement (CFA). This is the contract that will fund your case and it provides you with several benefits, including:
- No fees need to be paid upfront.
- You won’t be asked to pay solicitor’s fees while the claim proceeds.
- Should your claim fail, you don’t have to pay any of your solicitor’s fees at all.
In cases where compensation is awarded, a success fee (a small portion of your compensation) will be retained by your solicitor to cover their costs. To be transparent and to avoid surprises, the success fee, which is limited by law, is listed in the CFA.
How To Find A Solicitor Dealing With Data Breach Claims
If you’re now considering making a claim, how do you choose a suitable solicitor? Well, you might read online reviews, choose a local company or ask friends for recommendations.
Alternatively, to save the hassle and time involved in searching, why not call Legal Expert today? Our team of solicitors have decades of experience handling different types of claims and have represented hundreds of different clients (you can read some of our reviews here).
Contact Our Solicitors
To contact us today for free claims advice, you can:
- Call us free on 0800 073 8804 and discuss your claim with a specialist advisor.
- Send us an email with the details of your case to email@example.com.
- Start an online claim and we’ll call you back when it’s convenient.
- Make use of our live chat channel to discuss your case with an online advisor.
We always try to make the process of starting a claim as straightforward as possible. An advisor will start by listening to the details of your claim. They’ll then review any evidence you are able to supply and provide you with free advice on how to proceed. If the claim appears to be viable, you’ll be referred to one of our specialist solicitors. If the claim is taken on, your solicitor will represent you on a No Win No Fee basis.
Extra Data Breach And Claims Resources
Thanks for reading our guide about making a Central London Community Healthcare NHS Trust data breach claim. In our final section, we’ve added some links to additional resources that we hope you’ll find useful:
London Medical Negligence Solicitors – Information on how solicitors covering London could help you claim for injuries caused by medical negligence.
Hospital Claims – Advice on starting a claim for suffering caused by negligence in a hospital.
NHS Data Breach Claims – This guide provides a more general overview of NHS data breaches.
CLCH Inspection Report – The latest inspection from the Care Quality Commission.
NHS Feedback – Information on providing feedback or complaining about NHS services.
CLCH Services – A list of different services provided by the CLCH NHS Trust.
Guide by Hambridge
Edited by Billing