Can You Claim NHS Data Breach Compensation?
You may be able to claim for NHS data breach compensation if your medical information has been misused, leaked or hacked.
Circumstances where you may be able to claim can include:
Disclosure Of Your Medical Without Your Authority
You must give consent for your medical data to be disclosed in the vast majority of circumstances. If your medical data was disclosed without your authority, you may be entitled to claim for NHS data breach compensation.
The NHS digital data breach action that we're helping people for was an example of this. Patients who had specifically opted-out of their data being used had their medical data used anyway because of a system error that failed to properly record their instructions.
Medical data is often targeted by cyber-attackers because it can be easier to compromise.
The WannaCry incident of 2017 was a huge example of this. The malicious software the Cyber criminals used was designed to specifically target older and outdated systems, because they often don't have the latest security patches in place for protection. With the NHS often using outdated and older equipment, the WannaCry software led to some NHS departments being unable to operate.
Leaks Of Medical Data
Where your medical records or medical data is leaked by accident, you may have a cause of action for NHS data breach compensation.
This could happen where an email is sent to the wrong recipient that contains your information, or where the wrong person's medical data is sent to someone in error.
Unlawful Access Of Medical Records
The data watchdog for the UK, the Information Commissioner's Office, had to issue a specific caution because of increasing incidents where NHS employees were "snooping" on people's medical records. A number of NHS workers have lost their jobs for looking at the records for friends of neighbours, sometimes out of curiosity, and sometimes for more sinister reasons.
This is completely unacceptable. If your medical records are unlawfully accessed, you may be entitled to claim for NHS data breach compensation
This happened to British popstar Ed Sheeran. NHS staff were caught snooping on his medical records after he had had treatment at Ipswich hospital.
What Is An NHS Data Breach Compensation Case?
In an NHS data breach compensation, you can claim for damages that are designed to compensate you when you have been wronged. One of the biggest factors in a data breach case is that the damage can be permanent, because once data has been exposed, it may be exposed forever.
Medical records are sensitive and private, and many of us would rather their medical information remain confidential. As such, any breach of medical data can be very serious, and the impact on the victim can be unrestingly severe.
In the 56 Dean Street Clinic action we're involved in, the confidential HIV status of almost 800 patients was disclosed. This disclosure simply cannot be undone, and now the data has been compromised, there's no way of completely resolving this fact.
What victims can do is claim NHS data breach compensation for any distress and financial losses that the breach has caused. Victims can also claim for aggravated and exemplary damages because of the sensitive nature of medical data.
A victim claiming compensation is entitled to damages for the Misuse of Private Information, as well as for breaches of the Data Protection Act 1998. Because medical data is private and protected, people expect that it will remain confidential and will not be disclosed without consent. This can also be a breach of the duty of confidentiality for the Doctor-Patient relationship.
Start Your NHS Data Breach Compensation
WE CAN OFFER NO WIN, NO FEE REPRESENTATION FOR NHS DATA BREACH COMPENSATION CASES
With medical data sensitive and confidential, a victim can be entitled to make a claim for NHS data breach compensation.
In the last few years as more medical data is stored electronically and is outsourced to private third-party organisations, billions of medical records have been exposed around the world, and NHS data breach compensation claims are incredibly common cases our Data Breach Lawyers help people with.
For free advice on a no obligation basis today, please contact our specialist team for help.
Right now, the Data Breach Lawyers are fighting for a number of NHS data breach victims, as well as fighting in over 20 different data breach class actions. Contact us today to see if we can help you too.