Are You Entitled To NHS Data Breach Compensation?
You may be entitled to NHS data breach compensation if your information has been leaked, hacked, or misused by the NHS.
Common examples include:
You may be entitled to medical data breach compensation if your medical records or medical data have been leaked by accident. This could be an email sent to the wrong recipient that contains your medical data, or your medical data being accidentally sent to someone else with a similar name to yours.
Just because an organisation or a person asks for access to your medical data doesn’t give them the legal right to have it. In most circumstances, you must have consented to your medical data being disclosed.
This was the big issue at the heart of the NHS digital data breach group action we’re helping victims for. Patients had asked for their medical data to not to be disclosed and used for research and auditing, but their wishes were not honoured due to a system failure and medical data was breached.
Hackers target medical data because it can be easier to compromise.
The massive 2017 WannaCry incident showed just how vulnerable the NHS is when GP surgeries and hospital departments were left unable to help people due to an attack.
The malicious WannaCry software specifically targeted older and outdated systems because they can be more vulnerable to compromise. With the NHS often left with outdated equipment, some systems didn’t have the latest security software to defend against such an attack.
Worryingly, NHS data protection has been poor, as there has been a significant number of incidents where NHS staff have “snooped” on a friend’s or neighbour’s medical records out of curiosity, or in some cases, for more sinister reasons.
The UK’s data watchdog, the Commissioner’s Office, was forced to issue a caution due to the number of NHS data leak cases being referred to them.
This behaviour is not OK at all. If someone accesses your medical records without reason and without authority, you can be entitled to NHS data breach compensation.
One of the most famous cases of this happening was the Ed Sheeran data breach incident, where his medical data was accessed by curious hospital staff after treatment had been provided.
What Can You Claim For In An NHS Data Breach Compensation Case?
There can be a lot to consider in an NHS data breach compensation claim. A damages claim is designed to put you back in a position you were in prior to the incident occurring, but where a broken arm can heal, and a muscular injury can fade, compromised data can be a permanent issue.
Medical data is private and sensitive, and there’s a reason why most of us do not want the information contained in our medical records to be seen or accessible to anyone. Any data breach can be serious, but where the data breached is personal and sensitive medical records, the impact for the victim can be severe.
In some cases, once the data is compromised, it can be impossible to undo the damage.
The 56 Dean Street Clinic leak we’re representing victims for was one of the more serious data breach actions we’ve been involved in, where the confidential HIV status of almost 800 patients was leaked in an email by mistake. There is simply no way we can reverse the fact that hundreds of confidential medical statuses are now compromised, but we can ensure that victims receive compensation for breach of medical records.
In an NHS data breach compensation claim, you could be eligible to claim for:
- Financial losses, if applicable
- Aggravated and exemplary damages in addition to damages for distress, financial loss, because of the sensitive nature of medical data
A victim claiming for NHS medical data breach compensation can be entitled to such damages under the Misuse of Private Information and for breaches of the of Data Protection Act 1998, as well as for breach of confidence. Medical data leaks and NHS data protection breaches are unacceptable as this information is private and protected. There is an expectation that it should remain private and not be disclosed without authority.
NHS data breaches can also amount to a breach of the duty of confidentiality enshrined within the Doctor-Patient relationship as well.
Claiming NHS Data Breach Compensation
WE OFFER NO WIN, NO FEE REPRESENTATION FOR NHS DATA BREACH COMPENSATION CASES
As a victim of a NHS data protection breach, it’s important to make a claim for medical data breach compensation given the private and sensitive nature of the information that has been compromised.
Billions of medical records have been compromised worldwide as a result of inadequate policies and procedures, poor cybersecurity and the increasing dangers of outsourcing.
NHS data breach compensation claims are one of the most common types of cases our Data Leak Lawyers represent individuals for. We’re also fighting in over 20 different data leak group actions, so get in touch with us to find out if we can help you too.
You can contact our team for free, no obligation advice today.
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