Breach Of Medication Data – Can I Claim Compensation?

Following a breach of your medication data, you may be wondering if you can claim compensation. In this article, we will discuss what a personal data breach is, and how a breach could affect your medical records and medication data.

Breach of medication data

Breach of medication data claims guide

We will also discuss the legislation in place to protect the personal data of UK residents. Following this, we’ll explain what steps an organisation can take following a medication data breach, and when they should inform you.

A breach of your health data could cause you to suffer notable harm, both mentally and financially. We will explain who could be eligible to make a claim for compensation following a personal data breach.

Finally, we will explore compensation in personal data breach claims, including how a No Win No Fee solicitor from our panel could help you claim. Our advisors are available for free legal advice 24/7 and could put you in touch with a specialist solicitor from our panel.

To contact us, you can:

  • Call at your convenience on 020 3870 4868
  • Start your claim online
  • Get an instant connection with an advisor via our live chat feature

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Are Medical Records Covered By Data Protection Laws?

The Data Protection Act 2018 (DPA) is a data protection law that implements the UK General Data Protection Regulation (UK GDPR), which protects the personal data of UK residents. A personal data breach is a security incident that affects the availability, confidentiality, or integrity of someone’s personal data. 

This covers any information that could identify you. For example, your name, NHS number, or date of birth. However, any information regarding your health falls under a subtype of personal data called special category data. This requires extra protection according to data protection law.

Personal data relating to your medical records and information about your medications may be kept by:

To find out if you have a valid claim, contact our advisors today.

Healthcare Data Protection Statistics

The Information Commissioner’s Office (ICO) is an independent data protection rights watchdog. In the past three years, the ICO has collected and published reports on data security incident trends.

According to these reports, the health sector suffered the most data security incidents in Q4 of the 2021/22 financial year, with 427 reported incidents. Of this number, 400 were non-cyber incidents, and the remaining 27 were cyber-related.

Speak to our advisors with confidence after a UK GDPR breach. They could connect you to a solicitor from our panel.

Other Ways Your Medication Data Is Protected

There are many ways that a personal data breach could occur, and as such, organisations that handle your personal data must ensure that they comply with data protection legislation.

For example, your medical records are special category data. Organisations that store or handle your medical records should ensure that they do so in a way that is adequately secure. Such as a lockable filing cabinet or a network that is password protected.

Organisations should also ensure that they have adequate cybersecurity policies in place. This could help in preventing cyberattacks in which criminals use viruses such as ransomware to steal your personal data.

If you have suffered a breach of medication data due to lost medical records, our team can advise you on what steps to take next.

What Should An Organisation Do After A Breach Of Medication Data?

Organisations must notify you without undue delay if there is a breach of your personal data that poses a risk to your rights and freedoms. Likewise, they must report the incident to the ICO. This should be done within 72 hours.

In this notice, they must clarify:

  • The name and contact information of the organisation’s data protection officer or an alternative point of contact
  • A summary of the possible effects of the breach of medication data
  • The measures taken or planned to address the personal data breach alongside the steps taken to reduce any potential negative impacts.

If you do not receive a notice but still suspect a personal data breach, you may contact the organisation and request more information. However, if they do not provide a satisfactory response, you can make a complaint to the ICO.

To learn more about what steps to take following a breach of medication data, contact our advisors.

Do You Have The Right To Claim Compensation?

According to the UK GDPR, if you have suffered harm as a result of a personal data breach, you may be eligible to claim compensation. However, there are some eligibility criteria that your case must meet in order to be able to claim. These criteria include:

  • The organisation must be responsible for the breach
  • You must suffer harm as a result of the breach. This could be financial or mental harm.
  • The breach must include your personal data

If you can prove that the breach occurred as a result of the organisation’s failings and that you suffered harm, you may be able to make a claim for compensation.

What Could You Claim For A Breach Of Medication Data?

When making a claim for a breach of medication data, you could be entitled to material or non-material damage. Material damage covers the financial losses you suffer as a result of the breach, for example, damage to your credit score. Non-material damage covers mental harm, for example, you may suffer anxiety after a data breach.

When estimating how much you might receive for non-material damage following a personal data breach, solicitors often use the Judicial College Guidelines (JCG). This document contains a variety of mental health injuries alongside guideline compensation brackets, illustrated below.

Injury Compensation Range Notes
Severe Psychiatric Harm £54,830 to £115,730 The prognosis is significantly poor and you struggle to cope with aspects of your life.
Moderately Severe Psychiatric Harm £19,070 to £54,830 Although the prognosis is more optimistic than in the bracket above, you may struggle to work or sustain personal relationships.
Moderate Psychiatric Harm £5,860 to £19,070 A marked improvement by trial will have occurred.
Less Severe Psychiatric Harm £1,540 to £5,860 Daily activities and sleep may be affected.
Severe Post-Traumatic Stress Disorder £59,860 to £100,670 You are unable to work at all and all aspects of your life are negatively affected.
Moderately Severe Post-Traumatic Stress Disorder £23,150 to £59,860 Significant disability persists for the foreseeable future.
Moderate Post-Traumatic Stress Disorder £8,180 to £23,150 You will have largely recovered and any ongoing effects are not grossly disabling.
Less Severe Post-Traumatic Stress Disorder £3,950 to £8,180 Just minor systems continue over a period longer than two years.

Previously, to claim non-material damage, you would also have to claim material damage. However, since the ruling of Vidal-Hall and Others v Google Inc [2015] through the Court of Appeal, claimants may now receive non-material damage or material damage together or separately.

For a free estimate of what your claim could be worth, contact our team of advisors today.

Make A No Win No Fee Claim For A Breach Of Medication Data

Beginning a personal data breach claim may seem daunting, but an experienced solicitor can make the process feel less stressful. Our panel of solicitors offer legal representation under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.

There are no upfront or ongoing fees to pay when you hire a solicitor under a CFA. Instead, successful claimants will pay a success fee. This is a percentage of your data breach compensation with a legal cap and will be discussed with you beforehand. However, if your claim does not succeed, you do not pay this fee.

Get in touch to find out if you could work with a No Win No Fee solicitor from our panel:

  • Ask an online advisor using our live chat service
  • Call at any time on 020 3870 4868
  • Or request a free call back

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Here are some additional resources and more of our guides that you may find helpful:

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For more queries regarding a breach of medication data, contact our advisors.

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