Welcome to our guide on what to do in the event of a medical conditions data breach.
Here we’ll explain what causes a data breach and what kind of compensation you could get if you make a claim.
If you’d like to discuss claiming with Legal Expert today, or if you have any questions about the process, you can:
- Get in touch via our contact form
- Call a specialist for free claims advice on 0800 073 8804
- Ask an online advisor for support in our online chat facility
Select A Section
- What Is A Medical Conditions Data Breach?
- What Organisations And Individuals Could Breach Your Medical Data Privacy?
- Types Of Medical Data
- Examples Of How Your Medical Condition Data Can Be Breached
- Examples Of ICO Fines For Medical Data Breaches
- Medical Conditions Data Breach Settlement Calculator
- Talk To Us About No Win No Fee Medical Conditions Data Breach Claims
What Is A Medical Conditions Data Breach?
Whenever you visit a medical facility, like a hospital, GP surgery, dental practice or pharmacy, you will likely need to provide information about yourself.
Data breaches could occur if medical service providers fail to secure this information, or if they use your information in ways you haven’t authorised.
A data breach is a breach of data security that results in the unlawful or accidental alteration, loss, destruction of, disclosure of or access to personal data.
The UK General Data Protection Regulation (GDPR) states that personal data is any information that can identify you.
The Information Commissioner’s Office (ICO) upholds data protection rights and takes action against organisations that breach the Data Protection Act (2018) or other data protection laws.
Healthcare Data Breach Statistics
In the second quarter of 2021/22, the ICO found data security incidents were most common in the healthcare industry compared to all other sectors.
In Q2, there were a total of 2,431 reported incidents. Out of these, 1,717 were non-cyber data breaches, while 714 were cyber breaches.
What Organisations And Individuals Could Breach Your Medical Data Privacy?
Different medical service providers, trusts, individuals and other bodies can store medical data. Private healthcare companies and insurance companies may also hold your medical data. Organisations and individuals that store this, and may therefore potentially breach your medical data privacy, include:
- NHS: Holds the medical record of around 65m people in the UK
- IQVIA: Healthcare data company that received 502 data releases from the NHS in 2020/21
- Health Data Research UK: Registered charity and national institute for health data science
- Capita: A government contractor that uses health data to determine disability claims for the Department for Work and Pensions
- Aviva: The UK’s largest insurer consisting of more than 15m customers
- GPs: GPs store and control medical records
Has an organisation or individual breached your medical data privacy? For example, you may have been subjected to a GP data breach. Our team of advisors can offer expert advice on what to do next.
Source: https://www.ft.com/content/6f9f6f1f-e2d1-4646-b5ec-7d704e45149e
Types Of Medical Data
In Article 4 of the Data Protection Act (2018), the UK GDPR describes data concerning health as the “personal data related to the physical and mental health of a natural person, including the provision of healthcare services, which reveal information about his or her health status”.
Subsequently, there are many types of medical data. Below are some examples:
- Any information on your medical history, including medical opinions, diagnosis and clinical treatment
- Data collected during a medical examination or test, or when you have registered to use health services
- Appointment details can also reveal someone’s medical condition
Our advisors can offer guidance on the steps to take if you have been harmed by a medical condition data breach. Begin your claim process with Legal Expert today.
Examples Of How Your Medical Condition Data Can Be Breached
There are a variety of cyber and non-cyber incidents that could provide grounds for a medical conditions data breach claim.
Cyber incidents refer to data breaches that involve a digital or online element. Non-cyber incidents do not occur online but do involve a party whose intent is malicious.
However, sometimes data breaches can occur due to human error. This is when a breach results from an accident or mistaken action where the person did not have bad intentions.
Examples of data breaches you could be eligible to claim for include:
- A receptionist at your NHS GP surgery sends a letter about your medical appointment to the wrong address, despite you providing them with the correct address
- Your psychologist shares information about your mental disorder with another party. They do not gain your authorisation beforehand.
- A medical professional loses a digital copy of your medical records, which they are unable to recover.
- A Hospital fails to update its cybersecurity systems. As a result, a cybercriminal gains access to your medical records and steals your personal data.
If you would like to learn more about medical data breach claims, our team are available to answer your queries at any time. Data breach law can seem complicated from the outside, and you come across some unfamiliar terms. This is why our advisors, who are experienced in handling data breach claim enquiries, will advise you on your potential claim free of charge. They could connect you to a No Win No Fee solicitor if you are eligible, so why not contact us today?
Examples Of ICO Fines For Medical Data Breaches
A medical conditions data breach can happen as a result of cyber-attacks or if confidential data is not securely stored. Additionally, human error can cause a data breach.
This occurred in 2018 when data breaches affected 150,000 NHS patients in England. At this time, some patients had their health data used for research purposes, despite opting out of this when asked. The NHS data breach was reportedly due to a coding error.
Source: https://www.bbc.co.uk/news/technology-44682369
Healthcare Organisations Fined By The ICO
The ICO may issue penalties to organisations or individuals that cause a medical conditions data breach. The following examples show what type of action the ICO has taken in past instances:
- Bupa Insurance Services Limited, a health insurance company, was fined £175,000 after an employee stole the personal data of 547,000 customers and offered it for sale on the dark web
- A London NHS Trust was fined £180,000 after a sexual health clinic it operated accidentally leaked the details of 781 people who had attended HIV clinics
If you fear you have been the victim of a medical conditions data breach, you may want to seek legal advice. Speak to our team of advisors for more information.
Source: https://www.bbc.co.uk/news/technology-36247186#
Medical Conditions Data Breach Settlement Calculator
We refer to two types of damages when calculating a medical conditions data breach settlement.
Material damages cover any financial losses you have incurred as a result of the data breach. Evidence to support this could include your credit rating and bank statements
Non-material damages take into consideration any psychological damage that the data breach has caused. Psychiatric damage, like Post-Traumatic Stress Disorder (PTSD), can be valued in line with the Judicial College Guidelines. This is a publication that solicitors use to help when valuing claims
Following the Court of Appeal case, Vidal-Hall v Google Inc (2015), you can now file for non-material damages even if the data breach didn’t cause you any financial losses.
| Injury | Severity | Injury Bracket | Notes |
|---|---|---|---|
| Post Traumatic Stress Disorder (PTSD) | Severe | £73,050 to £122,850 | Your ability to work could be detrimentally affected. You may suffer with relationships in your life too. |
| Post Traumatic Stress Disorder (PTSD) | Moderately Severe | £28,250 to £73,050 | There is some chance of recovery with professional help, which garners are more optimistic prognosis. |
| Post Traumatic Stress Disorder (PTSD) | Moderate | £9,980 to £28,250 | You may make a good recovery and any ongoing symptoms will not cause gross disability in the future. |
| Post Traumatic Stress Disorder (PTSD) | Less Severe | £4,820 to £9,980 | You are expected to make a full recovery from any mental harm caused within two years. |
| General Psychiatric Damage | Severe | £66,920 to £141,240 | Prognosis will be poor and you are likely to struggle coping with life and work in general. |
| General Psychiatric Damage | Moderately Severe | £23,270 to £66,920 | The prognosis here is more optimistic even though symptoms are similar to those shown above. |
| General Psychiatric Damage | Moderate | £7,150 to £23,270 | There is a marked improvement in symptoms and the prognosis is good. |
| General Psychiatric Damage | Less Severe | £1,880 to £7,150 | The level of this award is decided on the length of the period of your disability and the extent to which daily activities and sleep were affected. |
Our team of advisors can value your claim and potentially connect you with a solicitor.
Talk To Us About No Win No Fee Medical Conditions Data Breach Claims
If you’ve suffered mental or financial harm as a result of a medical condition data breach, you might be interested in making a claim. However, the claims process can seem daunting, and you may not know where to start.
If this is the case, one of our No Win No Fee personal data breach solicitors may be able to help. Our solicitors offer their services on a No Win No Fee basis by providing their clients with a Conditional Fee Agreement (CFA). When you work with a solicitor under a CFA, they won’t ask for a fee to begin work on your claim, nor will they ask you to pay them for their continued services. You also won’t pay a fee for their work if your claim fails.
However, if your data breach compensation claim succeeds, then your solicitor will take a success fee, which is a percentage of your compensation. This percentage is legally capped to ensure that you keep the majority share of what you receive and is taken directly from your award.
Our advisors are on hand to help if you would like to learn more about how our solicitors could help. Get in touch today by:
- Calling us on 0800 073 8804
- Contacting us via our contact form
- Using the live chat feature at the bottom of this screen
Healthcare Data Protection Breach Resources
Here are some resources that you may find useful if you have been subjected to a medical conditions data breach:
- Health A to Z – An NHS guide on medical conditions.
- Personal Data Breaches – NHS advice on what a personal data breach is and the steps that should be taken following an incident.
- Your Data Matters – The ICO offer guidance on how to take your case to court and claim compensation.
Here are some more of our guides that you may find useful:
- Medical Data Breach Claims – What action to take if your medical data was breached.
- Unauthorised Access to Medical Records – How to claim compensation if someone has gained unauthorised access to your medical records.
- Hospital Negligence Claims – How to claim compensation if you have been subjected to substandard medical care that caused you unnecessary harm.
Get in touch if you are ready to take the next step in making a claim following a medical conditions data breach.
