Can I Claim If An NHS Letter Was Sent To The Wrong Address?
In this guide, we’ll explore the steps that you could take if an NHS letter was sent to the wrong address. UK residents personal data is protected by the UK General Data Protection Regulation (UK GDPR) as well as the Data Protection Act 2018 (DPA). We’ll discuss these legislations in more detail and define some common terms found in data breach law.
You are considered a data subject when personal data such as your name is processed. This type of data is protected by data protection law. This guide will examine the steps that can be taken should a breach of this personal data occur.
The guide will go further to examine how a compensation claim could be made under the UK GDPR when those responsible for such data fail in their obligations to protect it. As you get further down the guide, you will also see a section on the evidence needed to make a personal data breach claim and how compensation is calculated should you succeed.
Finally, our guide explores the many benefits of working with a legal expert on your data breach compensation claim, and how a No Win No Fee agreement could help you.
Contact Us
Our team of advisors are here to help, day or night. If you’ve been harmed mentally or financially by a personal data breach, contact us today by:
- Calling 0800 073 8804
- Contacting us online
- Using the live chat feature
Select A Section
- How To Claim If An NHS Letter Was Sent To The Wrong Address
- What Information Could An NHS Letter Contain?
- How To Prove An NHS Letter Was Sent To The Wrong Address
- What Could I Claim For A Letter Sent To The Wrong Address?
- Can I Make A No Win No Fee Data Breach Claim Against The NHS?
- Where Can I Learn More About Medical Data Breach Claims?
How To Claim If An NHS Letter Was Sent To The Wrong Address
As we’ve already mentioned, the UK GDPR and the DPA work hand in hand to protect the personal data of UK residents. But what is personal data?
Under data protection law, personal data is any information that can be used by someone else to identify you. For example, this might include your postal address, phone number, or date of birth.
The NHS can be classed as both a data controller and a data processor. A controller, because they decide why and how they need to use your data, and a processor because they process it.
An NHS trust can have access to a wide range of this data, as it can be needed if you are admitted to a hospital, see a GP, or use a mental health service. Since they are a public body, they are required to appoint a data protection officer (DPO) to help them comply with legislation.
Data controllers and processors must comply with data protection legislation. When they fail to do so, this could lead to a data breach for which they could be liable for. You could potentially make a personal data breach claim if you can prove that:
- The organisation in charge of your data failed in their legal requirement to adhere to data protection law.
- This led to a data breach that involved your personal information.
- Due to your personal information being compromised, you suffered mental or financial harm as a result
How Long Do I Have To Claim For A Medical Data Breach?
Generally, you have six years to start a personal data breach claim. However, there are exceptions to this rule.
To learn about the steps you could take if the NHS sent a letter to the wrong address, or to find out if you are within the time limit to make a personal data breach claim, get in touch using the contact details at the bottom of the page.
What Information Could An NHS Letter Contain?
Some personal data falls under the heading of special category data. This data needs special protections, due to its sensitive nature. Importantly, information relating to your medical conditions is classed as special category data.
If the NHS sent a letter to the wrong address, this could allow an unauthorised person to gain access to information such as your:
- Home address
- Full name
- NHS number
- Medications
- Medical conditions, including your HIV status or information from your patient records
- Gender and sexual orientation
For many people, this kind of information being exposed to a person could result in significant effects on their mental well-being. Contact our team today to find out what steps you could take if the NHS sent a letter to the wrong address.
How To Prove An NHS Letter Was Sent To The Wrong Address
When you make a personal data breach claim, you are responsible for proving that a data controller or processor is liable. As we’ve already mentioned, you can only make a claim if you can prove that the party responsible for your personal data failed to adhere to data protection law, which led to a breach that caused you to suffer either financial or emotional harm.
Some examples of proof that you could use to support a data breach claim include:
- A letter of notification: If you received a letter or an email notifying you that your personal data had been sent to the wrong address, you could use this as evidence
- ICO correspondence: The Information Commissioner’s Office (ICO) oversees data protection in the UK. If you make a formal complaint to the ICO and they decide to conduct an investigation, the outcome could be used as evidence.
- Medical records: To help prove that you suffered psychological damage, you can submit medical records or a letter of diagnosis from a psychiatrist
- Financial records: Bank statements, wage slips, and invoices can be used to prove that you suffered financially.
These are just a few examples of how you could prove a data breach claim. If you choose to work with a solicitor, they can help you gather evidence. Contact us to learn more, or read on to learn more about the steps you could take if an NHS letter was sent to the wrong address.
What Could I Claim For A Letter Sent To The Wrong Address?
When you successfully claim for a data breach, you can receive up to two heads of compensation. Non-material damage is the psychological impact of the breach.
For example, if a letter containing details of your medical conditions was sent to unauthorised persons, this could cause considerable anxiety. Data breaches can also result in stress, depression, and post-traumatic stress disorder (PTSD).
When this part of your award is valued, the person calculating it might reference the Judicial College Guidelines (JCG). This document contains guideline compensation amounts for different psychological injuries, some of which are included in the table below.
Please note that these amounts are guidelines only and that the first entry is not from the JCG.
Guideline Compensation Brackets
Psychological Injury Compensation Bracket Notes
Severe Psychological Harm And Financial Losses Up to £250,000+ Severe psychological harm and financial losses, including lost earnings.
Severe Psychological Damage £66,920 to £141,240 Very severe issues coping with daily life.
Moderately Severe Psychological Damage £23,270 to £66,920 Symptoms are similar to the bracket above, but the prognosis will be much more optimistic.
Moderate Psychological Damage £7,150 to £23,270 Symptoms show improvement by the time of trial.
Less Severe Psychological Damage £1,880 to £7,150 This bracket depends on how long symptoms are present.
Severe PTSD £73,050 to £122,850 The claimant has severe symptoms that mean they cannot function at the pre-trauma level.
Moderately Severe PTSD £28,250 to £73,050 This bracket has a better prognosis because the claimant has some chance of recovery.
Moderate PTSD £9,980 to £28,250 A large recovery occurs, and few smyptoms remain.
Less Severe PTSD £4,820 to £9,980 A virtually full recovery happens within two years.
Material Damage
Material damage is the financial loss caused by the breach. For example, you might be unable to work due to the psychological effects of the breach. If this results in lost earnings, you could potentially claim these back as part of your material damage compensation.
If you’d like to learn more about how much compensation you could receive, contact our team today.
Can I Make A No Win No Fee Data Breach Claim Against The NHS?
Data protection law can seem complex, and when it comes to making a claim, you may be unsure of where to start.
Our expert solicitors have years of experience in data breach claims, and could potentially help you claim on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA).
Under this kind of agreement, your data breach solicitor will start working on your claim without any upfront fees. Plus, if your claim doesn’t succeed, then you don’t pay your solicitor for their services.
If you successfully claim compensation, then a small percentage will be taken as your solicitor’s success fee. This percentage is legally capped.
Contact Our Team
Our advisors are here to help. When you get in touch, a member of our friendly team will offer you a free evaluation. If they find that you have a valid claim, they can connect you with one of our expert No Win No Fee solicitors.
To get started:
- Call 0800 073 8804
- Contact us online
- Use the live chat feature
Where Can I Learn More About Medical Data Breach Claims?
For More Helpful Guides
- Find out how to claim for unauthorised access to patient records
- Learn how to report a data breach
- Get help with claiming for a care worker data breach
For More Helpful External Resources:
- Learn about how and why your data matters from the ICO
- Get information and support on living with mental illness from MIND
- Get advice and guidance from the National Cyber Security Center
Thank you for reading our guide on the steps you could take if an NHS letter was sent to the wrong address.
