Victims who have been subjected to unauthorised access to medical records can be entitled to take legal action, and it’s important to know how we can be of assistance. With healthcare data breach claims being one of the most common cases that we help people with, and one of the worst in terms of the affect it can have on the victim, it’s an important topic to discuss.
This is a topic we’ve covered a lot in the past as a firm of lawyers who have helped many people with this exact type of case for a number of years. In recent weeks, we’ve covered the issue even more given the recent Wrightington, Wigan & Leigh NHS Foundation Trust scandal.
With the issue at the forefront of the media right now, let us – as expert Data Leak Experts – tell you exactly what you can do if you’re the victim of this kind of breach.
Unauthorised access to medical records can be a data breach
Any unauthorised access to medical records can constitute as a breach of data protection legislation, which as of last May is now GDPR.
People with access to information should only access it when there’s a specific need to do so, and where they have appropriate authority to do so. For example, my treating surgeon will need to have a look at my medical records in order to manage my care as best as they can. However, a doctor from a totally different department who is not involved in my care at all has no right or reason to be looking at my medical information.
And that’s the key difference. Just because you have access to information doesn’t mean that you have a right to view it all. You need a valid reason, and without a valid reason, you could be breaking the law. Victims can then be entitled to make a claim for medical data breach compensation.
Why does this happen?
The most common cause of unauthorised access to medical records usually involves snooping. For example, this could be a nurse looking at the records for their partner, former partier, friends, relatives, neighbours, or even colleagues.
Snooping is not acceptable behaviour at all. Where curiosity can kill the cat, curiosity when it comes to private and sensitive medical data can cost you your career, as the Information Commissioner’s Office (ICO) can – and will, as they have done before – prosecute those who act in such a way.
With wider access in efforts to improve care comes an easier way of people abusing the system.
Impact of unauthorised access to medical records for victims
We know from considerable experience that the impact for the victim of unauthorised access to medical records can be substantial.
When it comes to medical information, we’re talking about some of the most private and sensitive data that there can be.
And that’s why data breach compensation pay-outs for medical cases can be substantial, and you could be entitled to make a claim with us on a No Win, No Fee basis.
For free and no-obligation advice, please don’t hesitate to contact the team today.
IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.
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First published by Matthew on October 10, 2019
Posted in the following categories: Claims Healthcare Security and tagged with compensation | data controllers | medical data breach | medical records | nhs | personal data