Medication data breach claims guide
Have you suffered harm as a result of a medication data breach? You may be wondering if you could be eligible to claim.
Your medical records, prescriptions, and other documentation can all include information about the medication you take or have taken in the past.
For residents of the UK, the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA) outline the steps that organisations such as private healthcare providers must take when collecting and processing personal data.
In this guide, we will explain how you could start a personal data breach claim following a medication data breach. Continue reading to learn more, or get in touch with our team of advisors to start your claim:
- Call 0161 696 9685 to speak to a data breach claims advisor
- Contact us online
- Use the live chat feature
Select A Section
- What Is Health Data?
- Why Is Transparency Important In Healthcare?
- What Information Could A Medication Data Breach Include?
- What Could Cause A Medication Data Breach?
- How Much Could You Claim For A Medication Data Breach?
- Start A No Win No Fee Claim
What Is Health Data?
A personal data breach occurs when a security incident affects the integrity, availability, or confidentiality of your personal data. Any information that could identify you can be classed as personal data, including your full name, email address, or date of birth.
Health data is a type of special category data that is protected by the UK GDPR and DPA. This is a subcategory of personal data that is more sensitive in nature. Because of this, it receives extra protection under data protection law. Special category can also include information regarding your sexual orientation, trade union membership, and religious beliefs.
Organisations that have access to your medication data, such as hospitals, GP surgeries, and pharmacies, must all comply with the legislation above. If they fail to do so, and this leads to a personal data breach, you may be able to claim.
When Can You Make A Medical Data Breach Claim?
The UK GDPR sets out the criteria for making a personal data breach claim. According to this criteria, you may be able to claim if:
- The breach involves your personal data
- The breach occurs because of failings on the part of the data controller or processor
- You experience harm due to the breach
Contact our advisors today to find out if you can make a medication data breach claim following a breach of your medication data.
Why Is Transparency Important In Healthcare?
The medical records of UK residents are covered by data protection legislation. The importance of transparency in data processing is highlighted by the UK GDPR, as it is named one of the key principles of handling personal data.
Transparency in data processing means that the data controller is clear, open, and honest about how they intend to use your personal data. This can include informing you of:
- How to identify and contact the data controller
- Why the organisation processes personal data
- What lawful basis the organisation has determined to process your personal data
- The rights of data subjects and how data subjects can exercise their rights
If you would like to find out if you are eligible to make a medication data breach claim, contact our advisors today.
What Information Could A Medication Data Breach Include?
A medication data breach can expose data about a patient’s personal details. For example, the patient’s name and home address could be exposed through a prescription in a pharmacy data breach, along with the details of their medication.
As we have already mentioned, information that reveals anything about your health falls under special category data. If an organisation such as a GP surgery did not take the necessary steps outlined by the UK GDPR, and you suffered harm as a result of a personal data breach, you may be able to claim.
To find out if you could be eligible to claim for a medication data breach, contact our advisors. They can provide free legal advice, and they may connect you with a solicitor from our panel if you are eligible.
What Could Cause A Medication Data Breach?
A medication data breach could occur for a variety of reasons, ranging from human error to cyberattacks. However, as previously stated, not all cases of a breach could become a claim. This is because it must be caused by wrongful conduct on the part of the data controller or processor.
Some examples of how wrongful conduct could lead to a personal data breach include:
- Misdelivery of personal data: For example, a clinic data breach could occur if a staff member emails patient records that include your medication data to the wrong email address. This then allows an unauthorised person to access your medication data.
- Verbal disclosure: In this case, a nurse or doctor could verbally disclose information regarding your medication over the phone to an unauthorised third party without conducting the necessary security checks first.
- Incorrect disposal: Organisations should ensure that they dispose of documents that contain personal data properly. For example, by redacting information or shredding it first.
Data Breaches By Healthcare Organisations
The Information Commissioner’s Office (ICO) is an independent watchdog based in the UK. They have the power to fine organisations when they fail to follow data protection law. The ICO also collects reports of data security incidents and publishes them in a report on data security incident trends.
According to the ICO, there have been 851 reported data security incidents in the Health sector so far in 2022. Of this number, 781 incidents were non-cyber, whereas 67 were cyber-related.
For more information on how a personal data breach could occur or to find out if you could be eligible to claim, contact our advisors today.
How Much Could You Claim For A Medication Data Breach?
You may be wondering how much data breach compensation you could receive if your claim succeeds. A successful claimant could receive material damage and non-material damage.
Material damage is the head of the claim that compensates you for the financial impacts of a personal data breach. For example, if you need to take time away from work to recover from the stress of the breach, this could result in a loss of earnings.
Non-material damage is the head of claim that compensates you for the psychological injuries caused by the breach. A personal data breach can cause significant mental health injuries, such as anxiety, stress, and depression.
| Injury | Notes | Damages |
|---|---|---|
| Psychiatric Harm | Severe - Injured persons could have difficulty in coping with multiple aspects of everyday life. Their prognosis for recovery is poor. | £54,830 to £115,730 |
| Psychiatric Harm | Moderately Severe - Injured persons could have similar difficulties though a better prognosis exists. | £19,070 to £54,830 |
| Psychiatric Harm | Moderate - There is a significant improvement in symptoms by the time of trial. | £5,860 to £19,070 |
| Psychiatric Harm | Less Severe - The duration of any disability and if the injury affected sleep and other activities will impact the final award. | £1,540 to £5,860 |
| Anxiety Disorder (Reactive) | Severe - There are likely permanent injuries to this person. They are not able to return to daily life at the same level as they would have pre-trauma. | £59,860 to £100,670 |
| Anxiety Disorder (Reactive) | Moderately Severe - A better prognosis than in the bracket above, with some chance of recovery through professional treatment. | £23,150 to £59,860 |
| Anxiety Disorder (Reactive) | Moderate - There is a large recovery, though some non-disabling symptoms may continue. | £8,180 to £23,150 |
| Anxiety Disorder (Reactive) | Less Severe - The person will almost have achieved a virtually full recovery within 1-2 years, though some minor symptoms may continue. | £3,950 to £8,180 |
The table above features guideline compensation amounts as illustrated in the Judicial College Guidelines (JCG). The JCG is a document used by solicitors and other legal professionals in order to help them assign value to compensation claims. As such, the figures above should be taken as guideline amounts for non-material damage awards only, and not guarantees.
For more information on making a medication data breach claim, contact our advisors today.
Start A No Win No Fee Claim
Our panel of No Win No Fee solicitors are here to help you start your claim and guide you through the legal process. With the help of a Conditional Fee Agreement (CFA), you can access the benefits of legal representation, typically without paying any upfront or ongoing fees to your solicitor. The only fee your solicitor takes is a success fee in the event of a successful claim; otherwise, you do not pay this fee.
Our advisors can tell you if your claim is valid when you get in touch. Following this, they may connect you with a solicitor from our expert panel. To learn more or to get started, contact our team:
- Call 0161 696 9685 to speak to a data breach claims advisor
- Contact us online
- Use the live chat feature
Related Articles
For more helpful articles surrounding personal data breach claims, we recommend:
- Claims For Data Protection Breaches In Schools
- When To Claim Compensation For A Recruitment Agency Data Breach
- Rent Statement Data Breach Compensation Claims
- How To Claim For A Breach of Children’s Services Data
- Can My Employer Share My Personal Information With Other Employees In The UK?
- Solicitors Lost My Medical File – Can I Claim?
Or, for more helpful resources:
For more information on making a medication data breach claim, get in touch.
Written by HC
Edited by CH