Making an NHS data breach claim
Who is eligible to make an NHS data breach claim?
Data breaches across all sectors are very common, with the NHS unfortunately being no exception. The vast amount of personal data stored by the NHS makes them a prime target for cybercriminals and, as previous incidents have shown, members of staff have been prone to breaking UK GDPR and the Data Protection Act on a regular basis.
You will likely be in a position to make a claim for NHS data breach compensation if it can be demonstrated that the breach could have been avoided. For example, it may be because any flaws in the NHS’ security measures were exploited, or an employee made a routine error when handling sensitive data.
You do not need to have experienced any direct losses following an NHS data security breach to have grounds to make a claim. That said, if you have experienced any financial losses, medical harm, anxiety or identity theft, a more compelling case could be brought forward.
How to start an NHS data breach claim
After speaking to our data breach solicitors, you will be able to gain a clearer understanding of your position and whether you have a valid claim against the NHS. We will carefully assess your case and all of the surrounding factors, as well as helping to establish whether your data has been caught up in a recent breach.
Taking care of the whole NHS data breach claims process on your behalf, we will proceed to contact the NHS (or the local branch of the NHS responsible for the breach) with regards to their failure to protect your data.
Starting the claims process with our NHS data breach solicitors is straightforward. You can use our secure online claim form to share the details of your situation, and we can get back to you shortly to let you know whether we will be able to help.
To speak to a member of our team today about making a HMRC data breach claim, you can also call us on 0330 041 5139.
What compensation can you receive for an NHS data breach claim?
If the NHS has failed to uphold their data protection obligations, you could be in a position to make a claim for compensation, even if you did not directly lose out as a result.
Your case could be considered more significant if you did experience any financial losses, medical harm or anxiety.
Financial losses
As you might expect, financial losses and/or identity theft are very real possibilities following a data breach. With the right information at their disposal, criminals may be able to take a range of actions, such as applying for credit in your name, setting up fraudulent bank accounts and accessing any existing accounts you have.
Distress
Finding out that your data has been compromised is a scary prospect. You never know who is likely to have access to your information and what they may intend to do with it.
Both the physical and psychological effects of an NHS data protection breach should be taken into account when it comes to awarding compensation. While the impact is likely to be different for everyone, common effects will include a lack of sleep, feeling ill, stressed, unsettled and confused.
The full impact of an NHS data breach is not always immediate
The full impact of an NHS data breach is often something that only emerges months after the initial incident.
In some cases, it can take much longer than expected for a full report to be submitted to any victims of a data breach, particularly where a cyber-security incident has gone undetected for a long period of time.
Common questions about NHS data breaches
Have there been any data breaches within the NHS?
Yes, there have been many examples of data breaches occurring within the NHS. From defunct GPs failing to properly dispose of sensitive information, through to multiple trusts sharing patient information without consent, the NHS has been frequently guilty of committing data breaches that have a direct impact on members of the public.
How do you claim for an NHS data breach?
To make an NHS data breach claim, the first step you should take would be to consult one of our expert data breach specialists. When instructed, we will be able to assess the particulars of your case and, importantly, advise you on whether it would be in your best interests to pursue a claim further.
Once our team have been instructed, we can do all of the heavy lifting on your behalf to ensure that you are able to access the compensation you deserve.
How much compensation can you receive for an NHS data breach?
The exact amount of NHS data breach compensation you will receive is likely to vary significantly. Ultimately, the final figure is likely to depend on the nature of the breach, the response provided by the NHS and the impact on you.
It is therefore not possible to provide an accurate figure without first understanding the details of the breach itself. During an initial consultation, our data breach solicitors will usually be able to provide a rough estimate based on the information you provide us.
What are the consequences of a data breach by the NHS?
NHS data breach consequences can be extremely serious. Anyone who accesses your personal data could take a number of direct actions against you or use that information in an attempt to extract even more sensitive details via a phishing attack.
If you need any advice, our guide on what to do if your data has been stolen in an NHS data protection breach will provide further support.
Are there any time limits for making an NHS data security breach claim?
Under normal circumstances, there is a strict six-year time limit for making an NHS data breach claim. This time limit is counted from the date when you were first made aware of the data breach, or the date when you should have been reasonably aware that it took place.
This will typically be when the NHS first contacted you to make you aware of the breach.
Start your NHS data breach claim today
At Hayes Connor, our expert data breach solicitors are here to help you access the compensation you deserve.
With a wealth of combined experience and expertise, we are well positioned to support you and advise you on the steps that need to be taken throughout the claims process.
As there are strict time limits in place for making an NHS data breach claim, or any other type of medical data breach claim, it is important to act as soon as possible.
