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Transform Hospital Group Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For Transform Hospital Group Data Breach

By Max Mitrovic. Last updated 17th May 2022. In December 2020 it emerged that a Transform Hospital Group data breach had occurred. A ransomware attack allowed cyber hackers to steal intimate before and after pictures of patients who had undergone cosmetic surgery procedures with the Transform Hospital Group (also known as The Hospital Group). 

The hackers threatened to publish these private pictures on the internet unless the company paid a ransom. For patients who had trusted the Transform Hospital Group with their personal data, this medical data breach must have been deeply distressing.

How To Claim If Your Medical Data Privacy Was Breached By The Transform Hospital Group

Transform Hospital Group data breach claims guideIf The Hospital Group data breach has affected you, seeking compensation could be an option if you can prove that you’ve suffered financial or mental damage as a result. That’s where Legal Expert can help you. We are a respected law firm whose skilled data breach solicitors have years of experience helping claimants like you win the data breach compensation they deserve.

To begin your claim:

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A Guide To The Hospital Group Data Breach Claims

If a business or organisation such as a healthcare provider collects your personal data, they have a duty to protect this information. This is to protect your privacy and security. If a data breach takes place and your data is exposed or misused in any way this could be deemed a breach of that duty. 

Healthcare data breaches, like The Hospital Group data breach, can be particularly sensitive because they can expose personal information that the patient does not want to be made public. This breaches the patient-doctor confidentiality rule. 

This guide will explain the legal justifications behind making a compensation claim if you can show that you were affected by the Transform Hospital Group data breach. If you have been impacted by any other medical data breach, the information will also be relevant.

In this guide, we will define data breaches and how they can occur. We will also explain what legislation businesses and organisations must abide by to protect your personal data. Finally, we will discuss your options for making a healthcare data breach compensation claim. This will include looking at the benefits of No Win No Fee agreements.

If you were a Transform Hospital Group customer who has been affected by the cybersecurity breach, we can help you. Call us today to speak to a claims advisor. If we can see that you have legitimate grounds to claim compensation, we can provide you with a skilled data breach lawyer to handle your claim. Alternatively, fill out our form to start your data breach claim online.

Data Breach Claims Time Limits

There are time limits in which to claim compensation for a healthcare data breach. You have 6 years to claim if the breach was committed by a private organisation, or 1 year to claim if it involved a public body.

Due to the variation in the data breach claims time limits, it’s best to get legal advice as soon as possible.

What Is A Medical Breach Claim Against Transform Hospital Group?

Organisations collect, process and store data from individuals that they work with or look after. This can include customers, employees and the likes of contractors. Organisations that do so, have to follow legislation to protect the personal data that they hold. This includes the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. This legislation was put in place to make sure that personal data is not misused.

What Is A Data Breach? 

The Information Commissioner’s Office (ICO) defines data breaches as security incidents that impact personal data. This can involve data exposure, a leak, data becoming lost or destroyed or data becoming altered. 

A data breach can also occur if a third party who is not authorised to access the data, gains access to it. This violates the General Data Protection Regulation (GDPR). 

People whose data has been breached may find themselves vulnerable to identity theft or fraud. If highly sensitive information such as details of medical procedures a patient has had is made public, this may affect their mental health.

Why Do Data Breaches Happen? 

A data breach can happen because of human errors. For instance, admin staff at a private hospital may leave a file on a reception desk that contains personal customer information. This means that other patients and hospital visitors will get unauthorised access to the data. 

Proper training should be implemented to avoid situations such as these. Unfortunately, some data breaches happen because of malice. For example, if cyber criminals hack into a network security system and steal data. 

In instances of insider threat, a person who works for an organisation can commit data theft for financial gain, or expose data for malicious purposes.

What Is A Breach Of Patient’s Medical Data Privacy?

This is when a data breach at a healthcare provider takes place, which affects a patient’s medical data.

Examples of personal data which could be breached include the following:

  • Name
  • Address
  • Telephone number
  • Email address
  • Date of Birth
  • Religion
  • Ethnicity
  • Signature

The sharing of personal data can leave patients vulnerable.  It could be used to commit identity theft or fraud. For example, criminals may send patients phishing emails.

Data breaches can also occur when sharing sensitive medical data with unauthorised parties. This breaches patient-medical practitioner confidentiality standards. The Transform Hospital Group data breach resulted in sensitive patient photos being stolen by the hacking group REvil. To many involved, it was probably a gross invasion of privacy.

Medical data which can be breached includes the following:

  • GP details
  • Details of operation sought
  • Medical history
  • Patient photos, like in The Hospital Group data breach
  • Details of operations sought such as weight loss surgery, breast augmentations, nose adjustments or nipple corrections.

Have you got evidence that shows you’ve been impacted by a breach of data protection at a hospital or other healthcare provider? Then a claim could be a suitable course of action if you’ve suffered damage to your finances or mental health as a result. 

Contact Legal Expert today for free legal advice about making a claim for healthcare data breach compensation. If we can see that you are owed compensation, a No Win No Fee data protection lawyer will be assigned to work on your behalf.

GDPR Regulations For Medical Data

Organisations that operate in the UK, have to comply with the General Data Protection Regulation (GDPR). Introduced by the EU, it was implemented in 2018 and was enacted into UK law by the Data Protection Act 2018. The purpose of the GDPR is to protect the data privacy and security of people whose data is collected by organisations.

To be GDPR compliant, organisations must follow these principles:

  1. That organisations have a duty to keep safe and secure the data they collect from the public.
  2. That organisations must implement robust data security procedures in order to protect the data that they hold.
  3. If a data breach takes place, those who suffer damage to their finances or mental health have the right to make a GDPR data breach claim for compensation. 

If a data breach occurs, the Information Commissioner’s Office (ICO) has the power to fine the organisation responsible. Therefore, it is gravely important that organisations and businesses take all the necessary steps to fulfil their obligations under the General Data Protection Regulation. This includes training staff properly to avoid errors that can lead to data breaches and having an adequate cybersecurity network in place.

The Role Of GDPR

The General Data Protection Regulation also specifies rules for how data collection, processing and storage activities should take place within an organisation. 

The GDPR specifies the following roles within this process: 

  • The individuals whose data is collected are known as the data subjects.
  • An individual or team that works for the organisation and collects, processes and stores the data is known as the data controller. 
  • There is also the data processor, which is an outside business that is hired by some organisations to fulfil these roles.

The data controller and/or data processor is responsible for complying with the following:

  1. The data controller or processor must obtain permission from data subjects to collect their data. They must explain to them how it is to be used.
  2. The data that has been collected, processed and stored must not be used for any other purpose. For example, data collected for operational purposes must not be used for marketing.
  3. Data controllers and data processors must follow all laws and regulations relating to data collection and processing.

If you have evidence that shows you have been affected financially or mentally by the Transform Hospital Group data breach, call Legal Expert today, to learn more.

Organisations that operate in the UK, have to comply with the General Data Protection Regulation (GDPR). Introduced by the EU, it was implemented in 2018 and was enacted into UK law by the Data Protection Act 2018. The purpose of the GDPR is to protect the data privacy and security of people whose data is collected by organisations.

To be GDPR compliant, organisations must follow these principles:

  1. That organisations have a duty to keep safe and secure the data they collect from the public.
  2. That organisations must implement robust data security procedures in order to protect the data that they hold.
  3. If a data breach takes place, those who suffer damage to their finances or mental health have the right to make a GDPR data breach claim for compensation. 

If a data breach occurs, the Information Commissioner’s Office (ICO) has the power to fine the organisation responsible. Therefore, it is gravely important that organisations and businesses take all the necessary steps to fulfil their obligations under the General Data Protection Regulation. This includes training staff properly to avoid errors that can lead to data breaches and having an adequate cybersecurity network in place.

How Should Companies Handle Our Data?

The General Data Protection Regulation also specifies rules for how data collection, processing and storage activities should take place within an organisation. 

The GDPR specifies the following roles within this process: 

  • The individuals whose data is collected are known as the data subjects.
  • An individual or team that works for the organisation and collects, processes and stores the data is known as the data controller. 
  • There is also the data processor, which is an outside business that is hired by some organisations to fulfil these roles.

The data controller and/or data processor is responsible for complying with the following:

  1. The data controller or processor must obtain permission from data subjects to collect their data. They must explain to them how it is to be used.
  2. The data that has been collected, processed and stored must not be used for any other purpose. For example, data collected for operational purposes must not be used for marketing.
  3. Data controllers and data processors must follow all laws and regulations relating to data collection and processing.

If you have evidence that shows you have been affected financially or mentally by The Hospital Group data breach, call Legal Expert today, to learn more.

How Private Hospitals Could Breach Data Protection Laws

According to research by Egress Software Technologies, between 2014 and 2016 the healthcare sector accounted for 43% of all data breaches. This is disproportionate when you compare the size of the healthcare sector to other fields. The report also showed that more of these errors can occur because of human error on the part of healthcare workers, rather than malicious attacks.

Healthcare data breach reporting found the following reasons for the breach of patient data:

  • Paperwork becoming lost or stolen – 24%
  • Failures which are defined as Principle 7 failures by the GDPR – 22%
  • Personal and/or medical data being posted or faxed to the incorrect recipient – 19%
  • Personal and/or medical data being sent by email to the incorrect recipient – 9%
  • Failure to redact data – 5%

Source URL: https://www.buildingbetterhealthcare.com/news/article_page/Health_sector_accounts_for_43_of_all_UK_data_breaches_according_to_ICO_data/130123

All of these errors can lead to medical data breaches which can affect patients. Healthcare staff data breaches can also happen this way. It is recommended that healthcare organisations invest heavily in staff training and development to prevent medical sector data breaches from taking place.

As well as staff errors, medical data breaches can happen because of unethical or criminal activity. This is especially true for private healthcare providers who may offer cosmetic or elective procedures. 

Cybercriminals can hack into a data security system and steal medical data too. They can hold the data to ransom, or use the stolen medical data to blackmail individual patients. For example, they might blackmail a former patient by threatening to release compromising details of a cosmetic surgery procedure such as breast enlargement, unless a fee is paid. 

If you have been affected by a breach of patient data, the medical organisation should have contacted you.

Transform Hospital Group Patient Medical Breach Case

Transform Hospital Group (also known as The Hospital Group) is a private healthcare provider of cosmetic surgery and cosmetic procedures. It was announced in December 2020 that the  Group had suffered a ransomware attack, a cybersecurity incident. 

Ransomware is a form of malware (malicious software) whereby data is encrypted on systems to prevent access. Copies of that data are also made and stolen. The ransomware threatens to destroy the stolen data or publish it if a ransom is not paid.

The ransomware attack leading to the Hospital Group data breach was carried out by the cyber hacker group REvil. REvil threatened to publish the stolen data if a ransom fee was not paid by the company. 

The cybercriminals claimed that they had stolen around 900 gigabytes of patient photographs. These photos included intimate before and after images. This is deeply personal information. 

As one victim who spoke to the BBC put it, “The last thing I want is ‘before photos’ being splattered around in the public domain. I have tried to keep my surgery private.” 

For many patients, having this threat to their privacy must have been a deeply distressing experience. Especially as cosmetic surgery is already a sensitive subject for many.

If you have been contacted by the Transform Hospital Group because you have been affected by the breach of patient data, we can help. Call Legal Expert today and if we can see that you have legitimate grounds to claim compensation, an expert data breach protection lawyer could look into your potential claim.

Reporting Data Breaches To The Information Commissioner’s Office

If you were affected by The Hospital Group data breach, you can report your grievance to the Information Commissioner’s Office (ICO). 

The ICO has the power to investigate and fine companies where data breaches occur. We recommend that you first write to the Transform Hospital Group to complain formally. The ICO has an online guide on how to raise concerns that you may find helpful. Correspondence should be directed at the firm’s data protection officer. 

If you do not receive a response within three months, or you are not satisfied with the response you receive, you could contact the ICO to report the data breach. You could also seek legal advice on your situation, which is where we can help. Get in touch on the number at the top of this page to learn more.

What Compensation Could Be Awarded Under Data Protection Legislation?

If you make a successful GDPR compensation claim against the Transform Hospital Group, you could seek two forms of possible compensation—material damages (relating to your finances) and non-material damages (relating to your mental health). 

If your involvement in the Transform Hospital Group data breach resulted in you suffering financial losses you can claim material damages. This can include reimbursement for any money lost due to fraud or other expenses. 

You may also be able to claim compensation for non-material damages. This is compensation for any psychological impact caused by the breach of data protection. It can account for conditions such as stress and post-traumatic stress disorder (PTSD).

In our next section, we’ll take a look at potential data breach compensation figures relating to mental damage.

What Compensation Payout For Damage Could I Claim After A Hospital Group Data Breach?

The consequences of having your personal data breached can be distressing. For instance, you could experience harm in the form of a psychological injury or you could experience an impact on your finances. In some cases, where an organisations failings has led to the breach, you may be able to seek compensation.

Material damages relate to the financial losses you’ve suffered from the personal data breach. For instance, you could suffer a loss of earnings due to the psychological injury that has led to you being unable to work. However, you would need financial evidence, such as invoices, receipts and bank statements, to prove the value of the losses.

Non-material damages equate to the psychological injury you’ve experienced from the data breach. Should your claim be successful, the amount you could receive for this is based on factors including the extent of the injury and whether any permanent symptoms were caused. Psychological injuries may include post-traumatic stress disorder (PTSD), anxiety and depression.

In order to accurately calculate how much the non-material damages head of your claim is worth, legal professionals might consult the Judicial College Guidelines (JCG). The bracket compensation amounts from these guidelines have been used in the table below. These figures have been taken from the most up-to-date publication of the JCG, published in April 2022.

Degree Of InjuryType Of Psychological InjuryDescriptionCompensation Bracket
SeverePost Traumatic Stress DisorderSevere Post Traumatic Stress Disorder could significantly affect all aspects of the claimants life.£59,860 to £100,670
Moderately SeverePost Traumatic Stress DisorderModerately severe post traumatic stress disorder will affect the person to a lesser degree than the category below. Whilst they may still have disabling symptoms, access to medical assistance should help with this. £23,150 to £59,860
ModeratePost Traumatic Stress DisorderThe claimant is expected to have a good level of recovery.£8,180 to £23,150
Less SeverePost Traumatic Stress DisorderWhere the person will recover in a year or less.£3,950 to £8,180
SeverePsychiatric InjuryThis claimant may have had issues with their ability to continue working or to continue in education. It may also affect other parts of their life.£54,830 to £115,730
Moderately SeverePsychiatric InjuryThis claimant will have a better outlook than those in the blow category.£19,070 to £54,830

Please remember that these figures are not guarantees of what you could receive because every claim is unique.

To learn more about the steps you could take should a Hospital Group data breach affecting your personal data occur, please contact us for free legal advice using the details above.

How To Make A No Win No Fee Win Claim After The Hospital Group Data Breach

If you have been harmed financially or mentally because of The Hospital Group data breach, you may be eligible to claim compensation. Legal Expert can offer you the option to make a No Win No Fee claim for compensation. 

With a No Win No Fee claim you will not have to pay an upfront solicitors fee, nor any ongoing fees. And if your claim is unsuccessful, you will not have to cover any of your lawyer’s fees at all.

Instead, your lawyer will deduct a small success fee from your compensation payout, only on the condition that you win your claim. This success fee is capped by law. 

For many people who claim compensation for a data breach, making a No Win No Fee claim is the preferred method. There is less financial risk involved and it is the more affordable way for some people to fund their claim. 

To learn more about making a No Win No Fee compensation claim for the Transform Hospital Group data breach, read our online guide.

Find A Specialist Data Breach Solicitor

If you can show that you have been the victim of a medical data breach, you may be able to claim compensation. Legal Expert can provide you with a knowledgeable data breach solicitor who can help you claim compensation for any harm caused to your finances or mental health. 

What are the advantages of having a Legal Expert solicitor handle your claim? Our data breach lawyers have years of experience handling data breach claims so your claim will be in safe hands. Legal Expert’s solicitors will negotiate with skill on your behalf with the Transform Hospital Group to hopefully win you the compensation you deserve.

Read our online solicitor reviews to learn more about the benefits of having a Legal Expert data protection lawyer handle your claim.

Talk To Our Data Protection Claims Team

To learn more about your rights if you’ve been impacted by the Transform Hospital Group data breach, contact us today using the details below:

GDPR And Data Breach Claims Resources

If you have found this guide to making a GDPR compensation claim helpful, you may also wish to read these healthcare claims guides.

External Links

Guide to the UK General Data Protection Regulation (UK GDPR) – from the Information Commissioner’s Office

An NHS Data Protection And Information Governance Guide

Thanks for reading our guide on what you can do if you’ve been impacted by Transform The Hospital Group data breach. 

Guide by Chelache

Edited by Billing

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