Disability And Health Information Disclosed – Data Breach Claims
Has your disability and health information been disclosed in a personal data breach? Did this breach occur as a result of wrongful conduct? If you have suffered harm as a result of a personal data breach, you could be eligible to claim compensation.
In this guide, we will look at the strict laws in the UK regarding data protection and who must follow them. The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) are the two main pieces of data protection legislation in the UK.
Disability and health information disclosed claims guide
These set out the legal standards that data controllers and processors must follow. A data controller decides what data to collect, along with how to process it. A data processor follows the instructions of the data controller to process the data on their behalf.
If a personal data breach occurs and you suffer harm as a result, you may be able to make a claim. To find out how one of our personal data breach solicitors could help you make a claim, you can:
- Speak to our advisors by calling 0800 073 8804
- Contact us online
- Or use the live support option
Select A Section
- What Is A Disability And Health Information Disclosure Data Breach?
- How Could Disability And Health Information Be Disclosed?
- Is Disability And Health Information Special Category Data?
- How To Report A Health Or Disability Information Data Breach
- What Could You Claim If Your Disability And Health Information Was Disclosed?
- Disability and Health Information Disclosed – How To Claim
What Is A Disability And Health Information Disclosure Data Breach?
Personal data covers any information that could identify you. For example, your name, address, or phone number. Or, it could be more sensitive information regarding your health and disabilities. This is a type of personal data is known as special category data.
A personal data breach is a security incident that affects the confidentiality, availability, or integrity of your personal data.
An independent public body called the Information Commissioner’s Office (ICO) regulates and enforces UK data protection laws. They also provide information that helps organisations and businesses apply good data practice.
Health Information Data Security Incident Statistics
The ICO provide quarterly statistics that show how many data security incidents have been reported to them by different sectors. These security incidents can be both cyber and non-cyber-related.
To learn more about how disability and health information could be disclosed through a personal data breach, contact our team of advisors today. They can provide free legal advice and further help surrounding your claim.
How Could Disability And Health Information Be Disclosed?
When data controllers, organisations that collect your personal data such as a hospital, process this information they need a lawful basis to do this. When your health data is involved in a security incident that means it has been lost, stolen, accessed, destroyed or disclosed unlawfully or accidentally a personal data breach has occurred.
But what are these security incidents we talk about?
It is possible for healthcare providers such as the NHS or private health agencies to suffer some form of external cyber attack. However human error is a major cause of data breaches. This can happen through lost or stolen paperwork or devices. It can also happen when emails, letters or faxes containing personal information are sent to the wrong recipient.
To prevent data breaches from occurring organisations must ensure that they practice good data-protection management when handling the information of patients and have robust IT defences to defend themselves from outside hacks.
To find out if you have a valid personal data breach claim, contact our team today. Our friendly advisors can tell you in minutes if you have a valid data breach claim and may be able to put you in touch with one of our expert personal data breach solicitors.
Disability Or Health Information – When Could It Be Disclosed?
A personal data breach can cause both financial harm and damage to your mental health. To make a valid claim, you must be able to prove that you suffered harm as a result of positive wrongful conduct.
Some examples of a personal data breach include:
- Unauthorised access: A member of staff or an employer leaving records open on a desktop device, allowing unauthorised parties to access your physical or mental health information.
- Through email: Personal data breaches can happen through the accidental misuse of email. An email containing your health record is sent to the wrong recipient. As such, it’s important to ensure all staff receive training on how to handle personal data through email.
- Outdated information: Organisations must ensure their data is up to date. For example, if the patient tells the GP surgery of their change of address, but the admin staff fail to update it. A letter containing personal data could arrive at the wrong address.
If your health and disability information has been disclosed in a personal data breach, you may be able to claim compensation. Contact our team of advisors to find out more.
Is Disability And Health Information Special Category Data?
The UK GDPR describes past, present or future health details as special category data. This is a form of personal data that requires extra protection due to its sensitive nature. Other types of special category data include:
- Racial and ethnic background
- Political interests or opinions
- Genetic personal data
- Biometric information
- Data concerning a person’s sexual activity
- Or a person’s sexuality or orientation.
X-rays, scans, blood tests, sexual health records, and psychiatric evaluations are all special category data. As such, if a personal data breach were to occur, this could cause significant stress and anxiety.
Get in touch today to find out if you could have a valid claim. Alternatively, keep reading to find out what you could receive following a successful claim.
How To Report A Health Or Disability Information Data Breach
If a personal data breach could put your rights or freedoms at risk, the organisation must report it to the ICO within 72 hours. They must also inform you as soon as possible.
However, you may suspect a personal data breach has occurred without receiving confirmation. In this case, you can:
- Contact the organisation directly. This could be a GP surgery or private healthcare facility that has mishandled your personal data. They could be able to provide more information about the breach, or their data handling policies.
- If you do not receive a satisfactory response, you can raise a complaint with the ICO. This must be within three months of your last contact with the organisation.
If you wish to make a personal data breach claim, the claiming process may seem daunting. However, a personal data breach solicitor could make the process seem less complex. To find out how one of our solicitors could help you, contact us today.
What Could You Claim If Your Disability And Health Information Was Disclosed?
There are two heads of claim you can pursue following a personal data breach. Material damages focus on the financial losses caused by a personal data breach. For example, fraudulent credit card purchases or lost savings could lead to considerable financial loss.
Following the Court of Appeals ruling in Vidal-Hall & Others v Google Inc. (2015), non-material damages may now be claimed without claiming material damages at the same time. Non-material damages reflect the effect the breach may have on your mental health.
| Type of Psychiatric Injury | Severity | Compensation Bracket | Notes |
|---|---|---|---|
| Post-Traumatic Stress Disorder (PTSD) | (A) Severe | £59,860 to £100,670 | Serious and permanent impact that prevents the person from functioning at the pre-trauma level. |
| Post-Traumatic Stress Disorder (PTSD) | (B) Moderately Severe | £23,150 to £59,860 | Differs from above after some professional counseling. |
| Post-Traumatic Stress Disorder (PTSD) | (C) Moderate
|
£8,180 to £23,150 | On the whole, largely recovered with only minor persisting symptoms |
| Post-Traumatic Stress Disorder (PTSD) | (D) Less Severe
|
£3,950 to £8,180 | A full recovery within 12 – 24 months and only minor issues continuing after this. |
| General Psychiatric Damage | (A) Severe | £54,830 to £115,730 | A very poor prognosis with marked issues in all areas of life |
| General Psychiatric Damage | (B) Moderately Severe | £19,070 to £54,830 | Permanent level of disability but a much more optimistic prognosis than the bracket above. |
| General Psychiatric Damage | (C) Moderate | £5,860 to £19,070 | This bracket includes similar issues with work and relationships but displays a marked improvement by the time the case may go to trial. |
| General Psychiatric Damage | (D) Less Severe
|
£1,540 to £5,860 | Reflective of the length of injury and prevalence of any specific phobias or anxiety disorders. |
The Judicial College Guidelines (JCG) have been used above to create the table. Following the ruling of Gulati & Others v MGN Limited (2015), you may now receive compensation in line with the JCG.
However, it is important to remember that these figures are only guidelines. For a free estimate of what your claim could be worth, get in touch with our team of advisors today.
Disability And Health Information Disclosed – How To Claim
We trust organisations to be careful with the information they hold about us. For example, we expect our employer to protect our personal data. We also expect doctors to keep our medical records safe. All organisations in the UK must adhere to data protection law.
When positive wrongful conduct results in a personal data breach that causes you harm, you may be able to start a claim for compensation. A personal data breach solicitor can help you do this with expert legal representation under a No Win No Fee agreement.
Our solicitors offer their services through a Conditional Fee Agreement (CFA). When you agree to a CFA, you do not have to pay your solicitor’s fee unless your case succeeds. In this case, your solicitor will take a percentage of your award with a legal cap as their success fee.
To find out how one of our personal data breach solicitors could help you, get in touch today.
- Speak to our advisors by calling 0800 073 8804
- Contact us online
- Or use the live support option
Related Medical Data Breach Claims
For more information on personal data breach claims, try our guides on:
- Data breach compensation
- More on compensation for medical conditions data breach
- As well as this, read more on data breach compensation stolen documents claims
Or, for more helpful information:
- GOV.UK – Online security tips
- NHS – Choosing health data to share
- GOV.UK – Employee data
Get in touch with our team of advisors using the details above for any more questions about what to do if your health and disability information is disclosed in a personal data breach.
