What Is A Treatment Centre Data Breach Claim?

Have you suffered harm as a result of a treatment centre data breach? If a personal data breach has harmed you, you may be wondering if you could be eligible to claim compensation.

Treatment centre data breach claims guide

Treatment centre data breach claims guide

The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) are in place to protect the personal data of UK residents. Failure to comply with this legislation can lead to a personal data breach. If your data has been breached, this could lead to psychological injuries as well as financial harm.

In this guide, we will explain what a personal data breach is and who could be eligible to claim compensation. We will also discuss the steps that data controllers and data processors must follow in order to comply with data protection law. A data controller is in control of how and why they use your personal data. A data processor processes this information by following the controller’s instructions. Some organisations fill both roles.

Our advisors can tell you if you have a valid claim when you get in touch today. If you are eligible to claim compensation, they may put you in contact with an expert solicitor from our panel. To learn more:

Select A Section

  1. Explaining What A Treatment Centre Data Breach Claim Is
  2. Examples Of Healthcare Data Breach Fines Issued By The ICO
  3. What Data And Records Could Be Affected?
  4. How Could A Treatment Centre Data Breach Impact You?
  5. Compensation For A Treatment Centre Data Breach
  6. How To Start A Personal Data Breach Claim

Explaining What A Treatment Centre Data Breach Claim Is

The Information Commissioners Office (ICO) is an independent body that enforces data protection law. They define a personal data breach as a type of security incident. If this incident affects your personal data’s integrity, availability, or confidentiality, this is a personal data breach.

Personal data is any information that could be used to identify you. For example, your email address or your phone number.

However, not every breach of personal data can form a valid data breach compensation claim. Article 82 of the UK GDPR outlines who is eligible to claim by providing criteria that all claims must meet in order to be eligible for compensation. This includes:

  • Your personal data must be affected by the breach
  • The breach has to occur because of the data processor or data controller’s failings
  • You have to experience harm as a direct result of the breach

Statistics

The ICO collects reports of data security incidents and publishes them as quarterly data security incident trends. According to these reports, the Health sector has reported 851 data security incidents so far in 2022. In 2021, 1,911 data security incidents were reported.

If you would like to learn more about making a treatment centre data breach claim, contact our team of advisors today.

Examples Of Healthcare Data Breach Fines Issued By The ICO

The ICO has powers to investigate and, if necessary, penalise any organisation that fails to apply correct data processing laws. They detail the status of action taken against companies and agencies who breach data protection legislation.

For example, in 2016, the 56 Dean Street clinic was fined by the ICO. The clinic was found to have accidentally shared around 800 email addresses of clients using their sexual health services by failing to use the BCC feature in an email. The ICO issued a penalty of £180,000.

Source:https://www.bbc.co.uk/news/technology-36247186

What Data And Records Could Be Affected?

In addition to name, address and standard contact details, personal data breaches can include special category data. This is a kind of personal data that is granted extra protection by data protection legislation because it is sensitive in nature. Special category data includes information about your:

  • Health
  • Genetic data
  • Biometric data
  • Racial or ethnic origin
  • Sexual orientation

Treatment centres and private healthcare facilities may hold records that contain both your personal data and special category data, including. For example, your medical records are an example of special category data, along with any medical test results, such as bloodwork.

To learn more about making a treatment centre data breach claim if your personal data has been affected, contact our advisors today.

How Could A Treatment Centre Data Breach Impact You?

A treatment centre data breach could occur in a number of ways and can have significant impacts on your financial and psychological well-being. Some examples of how wrongful conduct could lead to a personal data breach include:

  • Verbal disclosure – For example, an employee at a treatment centre may verbally disclose your personal data over the phone without first conducting the proper checks
  • Human error – For example, your personal data could be sent to the wrong email address by a treatment centre employee
  • Loss or theft – If personal data is not properly locked away and secured, this could result in lost devices or files. If these files or devices contain your personal data, this could lead to a personal data breach.

To learn about the personal impacts of a treatment centre data breach, read on. Or, get in touch with our advisors today to start your claim.

Compensation For A Treatment Centre Data Breach

Compensation for a personal data breach can be split into two heads: these are material damage and non-material damage. Material damage is the head of claim that aims to provide compensation for the financial losses you endure as a result of the breach.

For example, if a treatment centre data breach compromises your credit card details, this could allow criminals to make fraudulent purchases and damage your credit score. Under material damage, you may be able to claim these losses back.

The second head of claim is non-material damage. This head of claim aims to provide compensation for the psychological injuries caused by a personal data breach. For example, if you suffer from stress due to a data breach, you could claim for this under non-material damage.

Edit
Injury Type Details Guideline Bracket
General Psychiatric Damage The impacted person will suffer marked difficulties in work, personal and educational life with a poor prognosis for the future. (A) Severe – £54,830 to £115,730
General Psychiatric Damage While symptoms are similar to the bracket above, the prognosis is more optimistic. (B) Moderately Severe – £19,070 to £54,830
General Psychiatric Damage There is a better prognosis, as symptoms show a marked improvement by the time of trial. (C) Moderate – £5,860 to £19,070
General Psychiatric Damage The length of time affected by symptoms and the effect these symptoms have on daily activities. (D) Less Severe – £1,540 to £5,860
Reactive Anxiety Disorder No remaining ability to function or work at the pre-trauma level, with severe and permanent symptoms affecting all areas of life. (A) Severe – £59,860 to £100,670
Reactive Anxiety Disorder Some recovery is possible with professional intervention. (B) Moderately Severe – £23,150 to £59,860
Reactive Anxiety Disorder A recovery overall with only non-disabling symptoms that remain. (C) Moderate – £8,180 to £23,150
Reactive Anxiety Disorder A virtually full recovery with minor symptoms only persisting beyond a two-year period. (D) Less Severe – £3,950 to £8,180

Above, you can find a table that showcases figures taken from the Judicial College Guidelines (JCG). The JCG helps solicitors when they value claims by providing guideline compensation brackets for various injuries and illnesses. The figures shown above apply to non-material damage, and should be considered as guidelines only, and not guarantees.

To get a free evaluation of your claim and what it could potentially be worth, contact our team of advisors today.

How To Start A Personal Data Breach Claim

If you are interested in hiring legal representation to help with your claim, you may find a No Win No Fee arrangement to be beneficial. Our panel of solicitors offer their services under a Conditional Fee Agreement (CFA).

This kind of No Win No Fee arrangement allows you to access the benefits of legal representation, typically without having to pay any upfront or ongoing fees. If your claim succeeds, your solicitor will take a success fee from your compensation. However, if your claim does not succeed, then your solicitor will not take this fee.

Our advisors are on hand to answer any questions you might have about making a treatment centre data breach claim when you get in touch today:

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Get in touch with our advisors today to start your treatment centre data breach claims.

Writer FE

Checked by HP