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Tesco Pharmacy Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Tesco Pharmacy Data Breach

By now, you’ve probably heard of the General Data Protection Regulation or its much more catch acronym GDPR. It became part of British law when The Data Protection Act 2018 was enacted to give you better control over your personal information. It means that if a data breach occurs and your personal information is leaked, you could be entitled to seek compensation for any harm caused. In this guide, we’re going to review when you could claim for a Tesco Pharmacy data breach.

Tesco Pharmacy data breach claims guideSince the GDPR was implemented, individuals have more say on how an organisation uses their personal information, how it’s stored and who else is allowed to access it. That means companies like Tesco Pharmacy are required to implement systems and processes to try and keep any information they hold on you safe.

In general, that is what happens but there are times when mistakes could lead to your information getting into the wrong hands. That’s why we’re going to look at what can cause a data breach, how you might be affected and when compensation could be claimed.

Legal Expert offers a no-obligation telephone assessment of any claim. Our team also provides free legal advice about your options. If an advisor believes your claim could be successful, they could refer you to one of our specialist solicitors. Should your claim be accepted, it will be conducted on a No Win No Fee basis.

If you’re interested in beginning a data breach claim today, please give our specialist advisors a call on 0800 073 8804. Alternatively, please carry on reading to find out when you could claim for a Tesco data protection breach.

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A Guide To Data Breach Claims Against Tesco Pharmacy

When you sign up to use services, register for websites or buy products from a business for the first time, the company in question is not allowed to use your personal information without first asking your permission.

You might fill in an online form, click on the agree button in a pop-up box, or tick boxes on a questionnaire to approve the use of your personalised data. As well as approving the use of your data, there may also be a method of blocking its use. The most important part of the process is that the company sticks to using your data in ways that you’ve allowed them to do so.

As we continue on through this guide, we’ll explain when you could claim for a Tesco Pharmacy data breach. We will explain what could cause a data breach, the harm that could result from one and we’ll try to answer some common questions such as:

  • Can I get compensation for a data breach?
  • What are the penalties for a data breach?
  • What is a data breach under GDPR?

There is a 6-year time limit for making data breach claims, which is reduced to 1-year if it’s regarding a breach of your human rights. Even with such a long limitation period, we advise you to start any claim as early as possible. That’s because you may find it easier to recall how you’ve been affected in the weeks or months after you became aware of the breach than you will a few years down the road. In addition, your solicitor might find it easier to gather supporting evidence if you start the claim earlier.

After you’ve completed this guide on claiming for Tesco Pharmacy data breach, please contact a member of our team if you’d like free advice on starting a claim.

What Are Tesco Pharmacy Data Breaches?

As you’ll see throughout this guide, there are a lot of different ways a pharmacist data breach might occur but what exactly are they? The GDPR defines them as being a security breach which causes personalised data to be accessed, disclosed, altered, lost or destroyed in ways that you’ve not previously agreed to.

The act which causes the breach might be accidental or it could be a deliberate act. The Information Commissioner’s Office (ICO) have the legal ability to fine organisations up to 4% of their annual turnover if they break data protection rules, even if no harm is caused.

It’s important to state that it’s not just computer data breaches that can happen. It’s quite possible for mistakes made with physical documentation to lead to a data breach as well. For instance, if a pharmacist were to dispose of confidential medical records in a skip rather than destroying them securely, the information could be obtained by unauthorised parties. Also, if a patient is sent a letter containing details intended for somebody else, a breach may have occurred too.

When a data breach is identified, the organisation responsible for the data needs to assess whether there’s any potential risk. If there is, they need to contact those affected as well as the ICO to explain when the breach took place, what data was compromised and how the breach occurred.

If you would like help claiming for the harm caused by a possible Tesco Pharmacy data breach, please speak to a member of our team today. Provided you can supply clear evidence of the breach and the harm caused, you may have a claim.

How Pharmacies Should Observe GDPR Laws

The GDPR is a fairly long and complex piece of legal documentation. Within its pages, though, are some really useful definitions which make it easier to understand who is responsible for your data. Those definitions include:

  • The data subject – This is the individual (you in this case) whose data needs to be processed.
  • A data controller – A company who defines why your data is needed and the means in which it will be processed.
  • The data processor – An individual or company who will carry out the act of processing the data on behalf of the data controller.

Also defined within the GDPR are a set of processing principles which need to be adhered to. They include:

  • There needs to be a legitimate purpose behind any form of data processing and the data subject must be made aware of it.
  • Processing should be secure and confidential.
  • The minimum amount of data needed to fulfil the requirements should be processed.
  • Processing of data has to be carried out within the law and be fair and transparent to the data subject.
  • All personal information which has been processed needs to be kept up to date.
  • Data is only allowed to be stored for as long as was declared at the point it was collected.
  • All data controllers have to be able to show that they’re in compliance with these principles.

If you believe a breach of data protection rules has caused you to suffer, why not let our team know what happened so they can assess your claim for free?

How Pharmacies Might Breach Laws On Data Protection

Let’s now take a look at how a Tesco Pharmacy data breach could happen. Here a few example scenarios:

  • When a letter containing identifiable information about you is sent to another patient mistakenly.
  • If the pharmacy’s computer systems become infected with computer viruses, malware or ransomware.
  • When documents containing information about you enter the public domain because they are disposed of incorrectly.
  • If your prescription ends up in the hands of another patient and they’re able to identify you.
  • When non-pharmacy staff can view information about you because a computer was left unlocked.
  • If a member of pharmacy staff look up information about you when there’s no medical reason to.

Should you suspect that information about you has been leaked for any reason, including those listed, please give our team a call to see if we could help you start a claim.

What Fines Have The ICO Issued Against Pharmacies?

Now it’s time to look at cases where the ICO has had to investigate pharmacy data breaches and, in some cases, issue fines.

The first case revolves around a pharmacy based in Edgeware, London who was fined £275,000 by the ICO for the way in which it stored around 500,000 patient records. The records included names, addresses, medical information, NHS numbers and dates of birth. They were found in cardboard boxes, crates and rubbish sacks in unlocked containers at the back of the shop. While the area was locked, the ICO investigation identified that tenants in the flats above the pharmacy could easily get around security measures by using the emergency exit.

The ICO investigation was started because of reports about the documentation by the Medicines and Healthcare Products Regulatory Agency which was conducting its own investigation into the pharmacy.

Source: https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2019/12/london-pharmacy-fined-after-careless-storage-of-patient-data

In a separate case, Well Pharmacy has apologised because details of around 24,000 staff and locums were sent out in an email. The attachment contained names, phone numbers, addresses and payroll numbers.

The email was sent to an unknown number of locum pharmacists. When the error was realised, the pharmacy tried to recall the email but have been forced to apologise and launch an internal investigation.

The company referred itself to the ICO but it’s unclear whether any formal action was taken.

Source: https://www.bbc.co.uk/news/health-46638879

Registering Your Complaint With The Information Commissioner’s Office

If you decide that you’d like to start a claim for compensation following a data breach, you’ll find it much easier if you have evidence that shows what happened and who was at fault, but how can you get such information? One of the first things you could try is a formal complaint to Tesco asking them to explain what happened. After they’ve investigated, you should receive a response that could clear up how things went wrong. If you’re not happy, the response should explain who you can escalate your complaint to.

After all the methods of complaining are exhausted, you could make the ICO aware of what’s happened and ask them to investigate your concerns. They suggest that you should contact them about 3-months after your last response from the company in question. If you leave it too long, though, they may well refuse to investigate.

While a complaint or an investigation can help to prove what went wrong, they won’t mean you’ll receive any compensation. The ICO’s powers are limited to fining organisations who break data laws and don’t include issuing compensation. The only method of being compensated is to contact Tesco Pharmacy yourself.

If you work with Legal Expert, one of our solicitors could liaise with Tesco Pharmacy on your behalf and try to come to an agreeable settlement for you, provided the case is strong and the harm caused clear. In cases where that doesn’t look likely, the solicitor might advise you to follow the ICO process as a means of providing evidence to support your case.

If you’re now seeking legal advice following a Tesco Pharmacy data breach, why not get in touch with Legal Expert today? An advisor will assess your claim for free and could refer you to a specialist solicitor who could take on your claim if there is clear evidence of the breach and harm caused.

In What Ways Could You Be Compensated For Your Breach?

Now that we have illustrated why a data breach compensation claim might be possible, we’re going to show you what could be claimed for, how much compensation might be paid and how No Win No Fee agreements can reduce the risks involved.

Any type of data breach claim will usually be split into two main elements:

  • Material damages are claimed for when you’ve suffered financial losses because of the breach or if you could suffer them in the future.
  • A non-material damages claim could be made if you’ve suffered psychological injuries as a result of the data breach.

We’d really like to explain exactly what your claim will include but, from our experience, we know that each claim is unique. If your claim is taken on, though, your solicitor will be able to tell you what they can claim for on your behalf once they’ve considered the impact of the data breach.

For example, if you’ve suffered psychological damage, your solicitor, with the help of medical specialists, will need to work out how anxiety, depression or Post-Traumatic Stress Disorder (PTSD) has impacted your ability to cope with life, education or work and also what effect it’s had on any personal relationships.

In a similar way, before claiming for financial losses, your solicitor will need to work out whether there could be any future losses as well. For instance, cases of identity theft could lead to a long-term effect on your ability to obtain credit, so that would need to be taken into account.

If you ask Legal Expert to take on your claim, if its accepted, your solicitor will use all of their knowledge to assess all aspects of your claim so that they can try to ensure you receive the correct amount of compensation for your case.

Valuing Compensation Settlements For Data Breaches

Let’s now take a look at how much compensation could potentially be paid for a data breach. Unlike other types of claim, you are able to claim compensation for the psychological harm caused by a data breach even if you’ve not suffered a financial loss. That principle was established in the case, Vidal-Hall and others v Google Inc [2015] in the Court of Appeal. The judges also confirmed that any compensation for non-material damage should fall in line with settlements made in personal injury claims.

Therefore, the following table shows different compensation awards for relevant injuries that could be payable. The amounts we have listed are taken from a document that courts and solicitors use when calculating compensation amounts to settle cases called the Judicial College Guidelines.

Edit
Claim Type Injury Level Compensation Details
Psychiatric Injury Severe £51,460 to £108,620 The prognosis for the claimant will be poor in this compensation range. They will be vulnerable in the future, have problems with relationships and will have marked problems coping with life, work or education.
Psychiatric Injury Less Severe Up to £5,500 The amount awarded in this category will be determined by how long the disability lasted and how long sleep and daily activities were affected.
PTSD Severe £56,180 to £94,470 The effects of PTSD in this category will be permanent and every aspect of the victim’s life will be affected (including the fact that they won’t be able to work).
PTSD Moderately Severe £21,730 to £56,180 There will be similar effects as those listed above for claims settled in this category and symptoms will cause significant disabilities. However, the prognosis will be more optimistic and with the help of a professional, things could improve.
PTSD Less Severe From aorund £3,710 to £7,680 While some minor symptoms might persist, the most serious will have nearly all gone after a year or two.

As solicitors don’t specialise in medical matters, you’ll need to attend a local medical assessment as part of the claims process. A medical specialist will assess the impact of the data breach by reviewing medical notes and asking you questions about how you’ve been affected.

Once the appointment has ended, the specialist will create a report that contains all of their findings and send it to your solicitor. Because this report is so important, a medical assessment is requisite in all cases.

No Win No Fee Data Breach Claims Against Tesco Pharmacy

If you’ve read why data breach claims might be possible and you think you’ve got a valid claim, what’s stopping you from starting today? Perhaps you’re worried about the cost of hiring a legal specialist to support you? If that’s the case, don’t worry. Our team of specialist solicitors provide their service on a No Win No Fee basis for each claim they accept.

Before they accept your case, a solicitor will assess its chances of success. If they are happy to start the claim, and you are too, you’ll receive a Conditional Fee Agreement or CFA.

The CFA outlines what work the solicitor will carry out for you and explain that:

  • You don’t need to make any payments upfront.
  • There are no hidden charges or solicitor’s fees payable during the claims process.
  • You won’t have to pay any solicitor’s fees if the case is lost.

The CFA will also provide information about success fees. This is a small percentage of any compensation award that your solicitor will retain to cover their work. So that there aren’t any surprises when the claim is finalised, your success fee percentage (which is capped by law) will be listed in the CFA.

How To Find A Lawyer Specialising In Data Claims

OK, if you’ve now realised that you’d like to start a compensation claim following a data breach, how do you go about finding the best solicitor to help you? Some claimants look to friends, family or colleagues for a recommendation. Others simply scour the local area to find the closest firm of solicitors and others look to online reviews for free advice. Each of these could result in you identifying a solicitor who’ll work on your case for you, but they might not, and you might end up spending a lot of time searching.

There is a much simpler way of finding a solicitor to take on your case. Simply pick up the phone and call Legal Expert. We have a team of specialist solicitors with decades of experience supporting our clients with all sorts of compensation claims. Not only will they handle all aspects of the claim for you, but they’ll also regularly update you as the case progresses.

Speaking To Our Team

If you’ve decided that you’d like to work with Legal Expert, here are the best ways of contacting us:

Find Out More About Medical Claims

Thank you for completing this article about starting a claim for a Tesco Pharmacy data breach. In our final section, we’ve provided some links to additional guides and resources that might be of use to you:

Tesco Pharmacy Negligence Claims – Details about starting a claim if you’ve been caused to suffer because you were given the wrong medication.

Clubcard Data Breach Claims – Information on claiming for a Tesco Clubcard data breach.

Slip, Trip and Fall Claims In Tesco – Guidance on starting a claim for injuries sustained in a fall while shopping in Tesco.

Objecting To Personal Data Usage – An ICO guide explaining when you could prevent an organisation from using your data.

Cyber Security Breaches Survey – A government survey on the impact of cyber breaches.

Anxiety Disorder – An NHS guide on the diagnosis and treatment of generalised anxiety disorder.

Other Useful Compensation Guides

Guide by Hambridge

Edited by Billing

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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