ASDA Pharmacy Data Breach Compensation Claims Guide – How To Claim?

My Data Privacy Was Breached By ASDA Pharmacy, Could I Claim Compensation

A data breach by Asda Pharmacy may cause you a lot of problems, from potential financial theft to mental health issues.

data breach by ASDA Pharmacy compensation claims guideAn Asda Pharmacy data breach could involve a cyber-attack or it could be due to a staff error. The breach could be criminal, accidental, or intentional. No matter how a data breach by Asda Pharmacy happens, you could sue if you can prove that your information is compromised and you suffer damage to your finances or mental health as a result.

Data controllers and processors must by law protect your personal information, and if they do not the ICO could issue a fine.

Our guide for to data breach claims against a pharmacy provides information on the rights of data subjects. A data subject is an individual whose information organisations collect, process, and store. The Data Protection Act 2018 and the General Data Protection Regulation (GDPR) sets out stringent rules which data controllers and processors must follow.

Depending on your relationship with them, Asda Pharmacy may collect sensitive information about you. For example, the pharmacy would do so if you are collecting a prescription, getting a flu jab, or receiving any other type of treatment or medication.

Data Breach by Asda and the 7 Key Principles of GDPR

Asda Pharmacy gathers a vast amount of personal data. As such, they must have robust cybersecurity in place. A failure to abide by the seven key principles of the GDPR could result in Asda Pharmacy being investigated by the Information Commissioner’s Office (ICO).

In our guide, you will find information and advice on what would constitute an Asda Pharmacy data breach. We go into the reasons why a breach may occur. Next, we offer advice on how much this type of claim could be worth. Additionally, you will find advice on how to seek legal representation when making a claim for compensation. Lastly, you will find information on how a No Win No Fee solicitor from our panel could act on your behalf.

To find out more about claiming data breach compensation, please click on the sections below. Alternatively, for free legal advice on how to claim compensation for a data breach by Asda Pharmacy, please get in touch with one of expert advisers on 0161 696 9685. All calls are free of charge.

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A Guide On Claims For A Data Breach By ASDA Pharmacy

Asda Pharmacy provides essential services in their in-store outlets. This includes accepting both private and NHS prescriptions. Other services the pharmacy provides includes having a pharmacist on-site who can offer advice and help on many health issues.

Customers can collect prescriptions, get flu shots, or receive any other type of treatment the pharmacy provides. As such, the amount of personal data collected is vast.

Organisations that collect, process, and store personal data for individuals must ensure the information is protected. Consequently, to reduce the risk of a breach, Asda Pharmacy must have robust cyber-security and physical security protocols in place. The Data Protection Act 2018 with the General Data Protection Regulation sets out the rules that all data controllers must follow to be compliant.

In our guide, you will find information on what constitutes a data breach by Asda, how it might occur and your right to compensation if you can prove you’ve suffered mental or financial damage as a result. We provide you with an idea of the value of a data breach claim based on previous amounts awarded and the sort of damages you could seek.

Our guide covers the reason why you would contact the Information Commissioner’s Office. Moreover, we explain the complaints procedure if your personal data is compromised.

We also explain how the ICO might launch an investigation but would not compensate you for the data breach. If you would like to be compensated, you have to start private legal proceedings against Asda Pharmacy. Ideally, you should seek legal advice first because this type of claim is complex. That’s something we can help you with—just give us a call.

Time Limits to Making a Data Breach by Asda Pharmacy Claim

The time limits to making a data breach claim against Asda Pharmacy can vary. Normally, this is 6 years from the date of awareness. To illustrate, you have to file a claim within the deadline which is 6 years from the time you knew of the breach.

However, if human rights are affected, the time limit is set at 1 year. As such, it is far better to seek legal advice sooner rather than later. You may find your claim falls into the shorter deadline.

To find out what time limit is associated with your data breach claim, please get in touch with one of our advisers today. All calls are free of charge and you will receive free legal advice on whether you have grounds to sue.

What Are Data Breach Claims Against ASDA Pharmacy?

Asda Pharmacies can be found in many Asda supermarkets. The in-store pharmacies provide a range of services which includes accepting NHS and private prescriptions. This means that a significant amount of sensitive medical data is collected, processed, and stored daily. The type of personal data collected includes:

  • Personal information like names and addresses
  • Medical information

As such, Asda Pharmacies must abide by data breach law which is to make sure the data collected is protected. When your data is compromised, the Information Commissioner’s Office will typically launch an investigation. Asda Pharmacy should also start an internal investigation into how the breach occurred.

A data breach by Asda Pharmacy could be intentional, a cyber-attack, or an accidental breach. That said, if your medical information is unlawfully accessed, you have the right to be compensated. The Information Commissioner’s Office (ICO) defines a data breach as:

  • Data that is unlawfully accessed which directly or indirectly identifies a person (data subject)

The result of a data breach by Asda Pharmacy could be far-reaching and may include any of the following:

  • Data being altered, destroyed, stolen, lost, or disclosed

There are many reports of cyber-attacks on organisations, charities, and higher education institutions. However, according to the ICO, most medical data breaches happen due to human error. An example being when a document is not locked away and contains sensitive medical data. Another example is when sensitive medical information is sent to the wrong person.

That said, cyber-attacks are on the rise and many organisations are targeted by hackers and cybercriminals. If you have evidence that your personal data has been compromised in a data breach by Asda Pharmacy, please get in touch today. An adviser will provide free advice on whether you could seek compensation.

How Pharmacists Could Comply With The GDPR

Asda Pharmacies must abide by the law when it comes to protecting personal data. Moreover, they must be GDPR compliant and if they are not, they could receive a fine.

If security protocols are lacking or your medical information is shared with others without consent, your data could be exposed. The rules on data protection are strict and if an organisation is not compliant, the Information Commissioner’s Office will investigate the breach and how it was dealt with.

Asda Pharmacies must have robust security protocols in place to protect all the data they collect, process, and store. They must reduce the risk of a data breach as much as possible and follow the seven key principles of GDPR.

For more information on whether or not you have good reason to seek compensation for a data breach, please contact an adviser today.

Examples Of Pharmacy Data Breaches And Fines

In December 2019, the Information Commissioner’s Office issued a fine to a London-based pharmacy called Doorstep Dispensaree. The pharmacy in question was fined the sum of £275,000 for breaching data protection laws.

The ICO found that sensitive patient information was not safely stored by the pharmacy. In fact, it had around 500,000 private documents kept in unlocked containers at the rear of its premises. The records contained addresses, names, dates of birth, medical information and NHS numbers.

If you have evidence that your medical information was compromised in an Asda Pharmacy data breach, please contact an adviser today. We will review your claim and provide free legal advice on how best to proceed.

Calculating Compensation Claims For A Data Breach By ASDA Pharmacy

In a case that was heard in the Court of Appeal (Vidal-Hall and others v Google Inc [2015]), the Court ruled the following:

  • Non-material damages (mental harm) can be awarded to claimants who are the victims of a data breach even when they do not incur any financial losses. This is a departure from the previous legal position requiring claimants to have suffered financial damage
  • Guidance on compensation for mental harm can be taken from personal injury law

As such, our compensation table below provides potential values of different injuries based on the Judicial College Guidelines. Please note the amounts in our table are given as a guideline only.

Mental HarmSeverityGeneral Damages Awarded (Judicial College Guidelines) Notes
Psychiatric damage/harmSevere£51,460 to £108,620Prognosis is poor and claimant cannot work or hold down a job. Treatment not likely to help recovery and claimant has difficulty with relationships
Psychiatric damage/harmModerate/Severe£17,900 to £51,460Same symptoms as above are suffered by claimants but the prognosis is better although claimant could suffer work-related stress issues.
Psychiatric damage/harmLess SevereUp to £5,500Symptoms can include anxiety and depression as well as others but. prognosis is positive. Symptoms seen to improve in a few weeks to month
Post-Traumatic Stress Disorder - PTSDSevere£56,180 to £94,470Symptoms are very serious and permanent which prevents claimant from working
Post-Traumatic Stress Disorder - PTSDModerate/Severe£21,730 to £56,180Same symptoms to those above but prognosis is better
Post-Traumatic Stress Disorder - PTSDModerate£7,680 to £21,730Claimant suffers moderate symptoms linked to PTSD but the prognosis is positive

Please get in touch with a member of our team to discuss how much your claim could be worth and to benefit from free legal advice.

Types Of Damages Awarded For Breaches Of Data Protection

Thanks to the legal precedent set in the case Vidal-Hall and others v Google Inc [2015] you can now claim for the mental damage inflicted by a breach in the absence of any financial harm, which previously was required in order to claim. You can, therefore, seek compensation for mental harm alone. As such, you can claim for the likes of the following:

  • Distress
  • Anxiety
  • Depression
  • Post-traumatic stress disorder

To find out if you have good cause to seek compensation for a data breach by Asda Pharmacy, please call a member of our team today.

Reporting A Pharmacy Data Breach To The Information Commissioner

When your personal information is breached or you think it has been, there is a procedure to follow which is:

  • Firstly you should contact Asda Pharmacy and file a formal complaint. If you do not receive an acceptable reply, you should then take the matter up with a higher department. If you are still not satisfied with their response, you could consider the next step
  • You should contact the Information Commissioner’s Office (ICO) asking them to investigate the breach. If the authority agrees and finds Asda Pharmacy responsible, it would add strength to your case. That said, if you wait too long to contact the ICO, they may not launch an investigation

You do not have to report a data breach to the ICO if you are thinking about seeking compensation. You can start legal proceedings against Asda Pharmacy even if you did not report a data breach to the ICO.

To find out more about the justifications behind claiming for a data breach by Asda Pharmacy, please call a member of our team on the number at the top of the page.

No Win No Fee Claims For A Data Breach By ASDA Pharmacy

If your claim is valid, you could be represented by a No Win No Fee lawyer. This means you won’t have to pay any upfront or ongoing fees when you make a claim following a data breach by Asda Pharmacy. Firstly, one of our expert advisers will review your case. If they find you have good reason to sue, you would be connected to a solicitor from our panel.

A No Win No Fee agreement allows you to seek compensation with reduced financial worries. To clarify, you don’t pay an upfront fee and there are no ongoing fees to pay either. If the claim doesn’t go anywhere, you won’t have to pay any fees either.

You only pay a No Win No Fee lawyer when you receive compensation. Furthermore, the amount charged, which is a capped percentage of your compensation, is deducted from the money awarded.

The agreement you sign sets out the following:

  • No upfront fee for a solicitor to start working on your claim
  • There would be no ongoing fees to pay as your case progresses
  • You don’t have to pay a No Win No Fee solicitor if you lose your claim
  • There would be no other court costs to pay

Please get in touch today and an adviser will review your case to see if you can be represented on a No Win No Fee basis.

What Do Data Protection Breach Lawyers Do To Help You?

A specialist data breach lawyer has the necessary legal expertise to represent you in a data breach claim. This type of case is often a complex legal process; there are time limits to follow, and protocols to respect. If your claim is hotly disputed, this is when an expert data breach solicitor can make all the difference.

When you get in touch with us, an adviser will provide free legal advice on how best to go forward with a claim. Other advantages include:

  • A data breach lawyer will handle all aspects of your case which includes communicating with the defendant or their insurance providers
  • They will help gather evidence to support your claim
  • Assess how the data breach affected you
  • Organise an appointment with an independent medical specialist. The report they provide would be key to the amount of compensation you receive
  • Work hard to get you the maximum amount of compensation

Please speak to an adviser today if you’d like more help and support with your data breach issue.

How Do I Claim Compensation For My Pharmacy Data Breach?

You should follow a procedure when your personal data is breached:

  • Firstly, file a formal complaint to Asda Pharmacy. An internal investigation should take place and the results sent to you. However, if you are unhappy with the response, you can then take the matter up with a higher department
  • Secondly, if you do not receive a satisfactory result from Asda Pharmacy, request that the Information Commissioner’s Office (ICO) investigate the breach
  • Thirdly, start private legal proceedings against Asda Pharmacy with the help of a data breach lawyer

The Information Commissioner’s Office may not investigate the breach if you wait too long to contact them. However, if they do and find that Asda Pharmacy is responsible, your claim against them would be that much stronger. It is also worth noting that you do not have to report a data breach to the ICO if you want to pursue a claim.

To find out how Legal Helpline can support you if you fall victim to a data breach by Asda Pharmacy, please get in touch with a member of our team. An adviser will review your case and provide free legal advice on whether you can sue for compensation.

Contact A Specialist Solicitor

If you would like more help and advice on how to claim compensation for a data breach by Asda Pharmacy, please contact a member of our team. You can reach an adviser by:

  • Calling us on our freephone number 0161 696 9685
  • Using the Live Chat
  • Requesting we ‘call you back’
  • Emailing us at info@legalhelpline.co.uk

Please get in touch today to receive free legal advice from one of our expert advisers.

Pharmacy Data Breach FAQs

We have provided answers to two frequently asked questions about data breaches and your right to seek compensation.

What are my rights when my data privacy is breached?

You have the right to claim compensation when your personal data is breached under the General Data Protection Regulation. Additionally, the Information Commissioner’s Office (ICO) could issue an organisation with a heavy fine for non-compliance.

What could be the consequences of data breaches?

The consequences of a data breach can have far-reaching effects on people. It can leave victims suffering from financial losses, psychiatric and psychological harm.

Where To Learn More

Complaining to the Information Commissioner’s Office (ICO):

The ICO Complaints procedure

How to complain under the Data Protection Act 2018

Data Protection Act – How to Make a Complaint

The Legal Helpline guide to success fees:

The percentage payable on successful personal injury claims

A guide to No Win No Fee Claims:

Legal Helpline Guide to No Win No Fee Claims

Claiming GDPR data breach compensation:

GDPR Data Breach Claims Process

Thanks for reading our guide on what to do if you suffer financial or mental damage following a data breach by Asda.

Guide by HW

Edited by REB