In this guide we will look if you could claim NHS data breach compensation. The NHS will collect and use a lot of our personal data to provide us with a healthcare service. In this guide we will discuss the two main laws that seek to protect our personal data and for which the NHS must legally adhere to. This guide will examine eligibility requirements that must be met in order for a personal to be able to seek data breach compensation.
This guide will begin by examining what a data breach is, followed by who could make an NHS data breach compensation claim, and illustrative examples of medical data breaches. The guide will continue with a look at what evidence could support a claim for a personal data breach and how compensation could be awarded. The guide will conclude with a look at how solicitors specialising in data breach claims from our panel could represent your case on a No Win No Fee basis.
If after reading our guide you have any questions about medical data breach claims or are ready to work with a solicitor, you can contact our team.
- You can phone us today on 0800 408 7827.
- You could find out if you can sue for a data breach by using our live chat.
- Or contact us to check if you could claim for free.
- What Is A Data Breach In The NHS?
- Can I Claim NHS Data Breach Compensation?
- What Are Examples Of A Medical Data Breach?
- NHS Data Breach News Stories
- How Do I Start A Medical Data Breach Claim?
- How Much Medical Data Breach Compensation Could I Receive?
- Why Claim NHS Data Breach Compensation Using A No Win No Fee Solicitor?
- More Resources About Making A Data Breach Claim
What Is A Data Breach In The NHS?
In the UK, data protection laws such as the Data Protection Act 2018 and the UK General Data Protection Regulation (GDPR), are in place to ensure that data which is held by organisations such as the NHS are protected and secure. If an organisation, such as the NHS is in breach of these laws, they may be liable for damages.
Under this legislation, the NHS must take steps to ensure the security of digital and paper records. Failure to take steps to ensure the protection of your medical records, healthcare data or personal information could mean your data is involved in a data protection breach.
Information which the NHS may hold could include:
- Your medical records and history such as details of medical appointments, test results, diagnosis and treatment.
- Details of medical conditions.
- Personal information, such as your name, phone number and address.
- Genetic data.
- Biometric data
- Data concerning your sex life and/or sexual orientation.
Contact our team to discuss whether you could claim NHS data breach compensation.
Can I Claim NHS Data Breach Compensation?
A personal data breach is a type of data security incident which impacts the integrity, availability or confidentiality of personal data. In order to make a data breach claim, you need to show that an organisation:
- Has had a data breach which was caused by their failure to adhere to data protection legislation.
- That your personal data, such as your medical records or other health data, has been impacted by the breach.
- That the breach has caused you either mental harm, financial loss or both.
To find out if you have a valid claim for NHS data breach compensation, please call our advisors for a free consultation.
What Are Examples Of A Medical Data Breach?
There are a variety of different ways in which a data breach could occur. Examples of medical data breaches could include circumstances such as:
- Where a hospital has sent a letter with information containing test results to the wrong postal address, but where the recipient’s name is correct.
- When a Freedom of Information request (FOI) for your medical records is sent to the wrong email address, you could make an email data breach compensation claim.
- Where a GP leaves their laptop on the train and it contains patient records that are not password protected.
- Vulnerabilities in cyber security systems allowed medical records to be accessed by criminals.
These are just a few examples of how a medical data breach could occur. To discuss if your case is valid, get in touch with a member of our advisory team.
How Often Do Medical Data Breaches Happen?
Below we look at statistics to highlight how often medical data breaches happen. We will use statistics from the Information Commissioner’s Office (ICO). The ICO is an independent organisation. Its role is to enforce the UK’s data protection legislation. Certain personal data breaches that affects the rights and freedoms of UK residents need to be reported to the ICO. The ICO then has the power to investigate the breach and to issue a fine if necessary.
According to the ICO, the Healthcare Sector during 2024 had the most data breaches at 19%. Using data security trends compiled by the ICO, we can see breaches affecting health data included:
- Loss or theft of paperwork.
- Being posted or faxed to the wrong address.
- Failure to use ‘BCC’ on an email.
Contact us to discover more about claiming data breach compensation after a potential NHS breach.
NHS Data Breach News Stories
Below we include examples of different breaches which have occurred in the NHS or which have impacted NHS data.
- Between 2020 and 2023, Norfolk and Norwich University Hospitals NHS Foundation Trust paid out a total of £47,000 to claimants for breaches involving patient data (in 4 cases) and contractual issue (1 case).
- NHS Dumfries and Galloway experienced a hack in which cyber criminals were able to access health data. This led the criminals to publish patient data, including children’s mental health data.
Resources: https://www.bbc.co.uk/news/articles/c4n118ng46po, https://www.bbc.co.uk/news/articles/cn00q132942o
Learn more about claiming for NHS data breach compensation by contacting a member of our team today.
How Do I Start A Medical Data Breach Claim?
In order to make any type of compensation claim, you need to supply relevant evidence. In a data breach claim, you will need to show that a personal data breach has occurred because the organisation did not comply with data protection legislation, that this has impacted your data, and that you have suffered harm as a result of the breach.
When you contact our team, an advisor can assess your case and determine whether you are eligible to make a claim. They may then ask for evidence to support your claim, such as:
- Any correspondence with the organisation that has breached your data privacy. This may include the data breach notification you have received.
- If you have reported the breach to the ICO and they have conducted an investigation, their findings may be used in the report.
- Medical records which detail the harm you have suffered and which illustrate what impact this has had on you.
Our team can provide further advice on the type of evidence which could support your medical data breach claim. Please contact us to learn more.
How Much Medical Data Breach Compensation Could I Receive?
The settlement for a successful healthcare data breach claim could incorporate compensation for two types of damage: material and non-material.
Non-material damage covers the mental harm caused by the data breach. You could have suffered psychological harm such as post-traumatic stress disorder or psychiatric damage. The severity of your injury will be assessed as per the table below. It contains figures from the Judicial College Guidelines (JCG). This document of compensation guidelines for various types of harm and injuries can be referred to by those responsible for valuing claims. Additionally, in the top row, we provide a figure to show you how compensation could be awarded for very severe mental health damage plus related expenses. This figure is not from the JCG. As all data breach claims are different, the table is only intended as a guide.
| Injury and severity | Severity | Guideline Compensation |
|---|---|---|
| Multiple serious psychological injuries and financial losses. | Very serious | Up to £250,000+ |
| Psychiatric damage | Severe | £66,920 to £141,240 |
| Moderately severe | £23,270 to £66,920 | |
| Moderate | £7,150 to £23,270 | |
| Less severe | £1,880 to £7,150 | |
| Post-traumatic stress disorder | Severe | £73,050 to £122,850 |
| Moderately severe | £28,250 to £73,050 | |
| Moderate | £9,980 to £28,250 | |
| Less severe | £4,820 to £9,980 |
In addition, you could be compensated for your material damage. Examples include:
- Loss of earnings if you have to take time off work due to PTSD or a similar condition.
- The cost of relocating if the data breach has caused you to fear for your security.
- The cost of medical care, such as treatment for a psychological condition like anxiety or PTSD.
- Home security costs.
Our team can answer any additional questions you may have about NHS data breach compensation and how it could be awarded.
Why Claim NHS Data Breach Compensation Using A No Win No Fee Solicitor?
Your medical data and healthcare records should remain private. If a medical organisation, such as the NHS has breached data protection laws and your data has been impacted, you could have grounds to sue. At How To Sue we have a panel of expert No Win No Fee solicitors who are experienced in helping people to claim for medical data breaches. They could help you to secure the compensation you are eligible to claim.
Working through a Conditional Fee Agreement they could help you on a No Win No Fee basis. This means that:
- There are no solicitors fees to start your claim, nor solicitor fees during the claims process.
- You will not need to pay for the solicitor’s services if your claim is not successful.
- You will pay a legally capped success fee if your claim is successful. This amount is taken from your awarded compensation.
To discuss if you are eligible to start a claim with a No Win No Fee solicitor for NHS Data breach compensation, please contact our team.
- Call 0800 408 7827 to talk to one of our advisors.
- Talk to us on our live chat.
- Or contact us to see if you are eligible to sue for a medical data breach.
More Resources About Making A Data Breach Claim
Here are a few guides from our site you might find useful:
- Advice on how to sue for an employer data breach and when you might qualify for compensation.
- Learn how to sue for a bank data breach and the data breach claim eligibility criteria.
- Information about how to sue for a breach of the UK GDPR and guidance on data breach compensation.
Further resources:
- Guidance on making a subject access request (SAR) from the Information Commissioners’ Office.
- Information about data protection from the government.
- Data breach guidance for individuals and families from the National Cyber Security Centre.
If you have any further questions about NHS data breach compensation, please contact an advisor today.