What Are Your Rights After A Nurse Data Breach?

Nurse data breach claims guide

Nurse data breach claims guide

In this guide, we will examine when you could be eligible to claim compensation for a nurse data breach involving your personal data.

Personal data may include any information that could identify you, such as your name or postal address. Or it may be medical data regarding health. Experiencing a personal data breach could lead to you suffering psychological harm such as distress or depression.

Two pieces of legislation are responsible for governing the collection and use of digital and physical personal data: the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). The UK GDPR also outlines the criteria for making a compensation claim. This legislation is enforced by the Information Commissioner’s Office (ICO).

Continue reading to learn more about potential payouts for successful personal data breach claims. Additionally, for insight into whether you could be eligible to make a nurse data breach claim, please contact us today and speak to one of our advisors.

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Select A Section

  1. What Are Nurse Data Breach Claims?
  2. Does The UK GDPR Protect My Medical Records?
  3. The Ipswich Hospital Staff Data Breach
  4. Limitation Periods For Nurse Data Breach Claims
  5. What Data Breach Compensation Could You Receive For A Nurse Data Breach?
  6. Contact A UK GDPR Breach Claims Expert

What Are Nurse Data Breach Claims?

A personal data breach is a security breach resulting in the destruction, alteration, loss, or unauthorised access to or disclosure of personal data. This could happen either accidentally or unlawfully.

Data processors and controllers must comply with data protection law when they handle the personal data of UK residents. A data controller decides why and how they use your data, whereas a processor processes this data under the controller’s instructions.

However, the UK GDPR sets out certain criteria that your case must meet in order to form a valid claim. These criteria include:

  • The breach has to occur due to failings on the part of the controller or processor
  • You have to experience harm because of the breach – this can be financial harm, or harm to your mental health
  • The breach has to include your personal data

To find out if you could be eligible to make a personal data breach claim, contact our team of advisors. They can offer free legal advice and further guidance.

Does The UK GDPR Protect My Medical Records?

The UK GDPR protects the personal data of UK residents along with the DPA. Personal data is any information that can identify you. For example, this can include your:

However, hospitals also have access to a range of special category data. This is a type of personal data that need extra protection because of its sensitive nature. Special category data can include:

  • Health data – For example, your medical records, information on your medical conditions, or any other information that could reveal something about your health
  • Biometric and genetic data
  • Your sexual orientation
  • Your racial or ethnic origin
  • Religious views

As such, your medical records could contain a range of personal and special category data and are protected by data protection legislation as a result. If your medical records have been involved in a nurse data breach, contact our advisors today to learn more.

The Ipswich Hospital Staff Data Breach

In 2017, a well-known singer was admitted to Ipswich Hospital after breaking his right wrist and left elbow. A hospital data breach occurred after two employees accessed the singer’s medical records without a lawful basis under the UK GDPR.

Following the data breach, Ipswich Hospital fired one employee and disciplined the other. The hospital stated they had not reported the data breach to the Nursing and Midwifery Council or other professional bodies.

( Source: www.bbc.co.uk/news/uk-England-Suffolk-44155784 )

If you have suffered a nurse data breach at a hospital, clinic, or another medical setting, contact our advisors today to find out if you could claim.

Limitation Periods For Nurse Data Breach Claims

If you are interested in making a personal data breach claim, you may be wondering if there are time limits in place. Generally, if you wish to make a personal data breach claim, you will six years to start this.

However, these time limits can depend on who you intend to claim against. For example, claims against a public body must be started within one year.

To learn more about how time limits could affect a nurse data breach claim, get in touch with our advisors today.

What Data Breach Compensation Could You Receive For A Nurse Data Breach?

If you make a successful nurse data breach claim, your settlement could include up to two heads of claim:

  • Material damage compensates you for the financial impacts of a data breach. For example, if your credit card details are compromised, this could lead to debt that accrues under your name due to criminals fraudulently charging your card.
  • Non-material damage compensates you for the emotional distress or psychological injuries the data breach caused. For example, you may suffer from anxiety or distress following a breach of your personal data.
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Injury Severity Compensation Amounts About The Injury
Psychological Injury Severe (a) £54,830 -£115,730 The psychological injury will cause marked problems in the person’s life. For example, their ability to cope with daily life will be affected. Their prognosis is very poor.
Psychological Injury Moderately Severe (b) £19,070 – £54,830 This person will experience significant problems in multiple areas of their life but they will have a much more optimistic prognosis than the category above.
Psychological Injury Moderate (c) £5,860 – £19,070 By the time of trial, this person has already significantly improved and their prognosis will be good.
Psychological Injury Less Severe (d) £1,540 – £5,860 The amount awarded will consider the duration of the disability as well as how seriously it affected the person.
Reactive Anxiety Disorder Severe (a) £59,860 – £100,670 A severe case will permanently prevent the person from functioning as they did before the traumatic event.
Reactive Anxiety Disorder Moderately Severe (b) £23,150 – £59,860 Those with moderately severe forms of PTSD may experience similar symptoms as in the above bracket, but their prognosis will be better with professional help.
Reactive Anxiety Disorder Moderate (c) £8,180 – £23,150 The person will have largely recovered. They may still have some symptoms, but these should not affect the person in a grossly disabling way.
Reactive Anxiety Disorder Less Severe (d) £3,950 – £8,180 The person will have virtually fully recovered from the PTSD within 1 – 2 years.

However, please note that these figures are guideline amounts and relate to non-material damage. The final amount of data breach compensation you could receive may differ. Get in touch today for a free evaluation of what your claim could be worth.

Contact A UK GDPR Breach Claims Expert

If a nurse has breached your personal data and this caused you harm, you may be interested in hiring legal representation for your claim. Our expert No Win No Fee solicitors offer representation under a Conditional Fee Agreement (CFA).

Generally, when you hire legal representation under a CFA, this means that you do not need to pay any upfront fees or ongoing costs to your solicitor for the duration of your claim. Should your case be successful, the only fee you will need to pay to your solicitor is a success fee. However, if your claim does not go on to succeed, you don’t pay this fee.

For more information on making a nurse data breach claim, please contact us today:

Medical And Employment Data Breach Resources

To learn more about claiming compensation for a breach of your personal data, we recommend:

Or, for further helpful resources:

Thank you for reading our data breach claims guide. Please contact us if you wish to claim compensation for a nurse data breach.

Guide by HC

Edited by JO/CH