Are you wondering whether you could claim if a solicitor sent your medical information to the wrong person? If a solicitor sent personal information concerning your medical records to an unauthorised third party, you could be eligible to make a personal data breach claim.
In this guide, we will discuss how a solicitor could have breached your personal data. Additionally, we share what data protection law states regarding organisations processing your medical information. We will also share some examples of potential compensation you could receive if you experience mental harm due to the personal data breach.
Furthermore, you can contact our friendly team of advisors today if you would like to discuss your potential claim. Our advisors are available 7 days a week to help answer any of your questions concerning your claim. They can also offer you free legal advice and can tell you if your claim is valid.
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- A Guide On What To Do If A Solicitor Sent Your Medical Information To The Wrong Person
- How A Solicitor Could Have Sent Your Medical Information To The Wrong Person
- Types Of Medical Records
- Processing Medical Information
- My Solicitor Sent My Medical Information To Someone Else – What Can I Claim?
- No Win No Fee Claims For Solicitors Data Breaches
Any information concerning your health is classified as special category data. Special category data is a type of personal data that needs more protection because it is sensitive. Personal data is any information that could identify you directly or in combination with other information. Your name, national insurance number, and home address are all examples of personal data.
If your personal data is lost, accessed, destroyed, altered or disclosed, either accidentally or unlawfully, this is classified as a personal data breach.
Any solicitor that processes the personal data of UK residents must follow the rules and obligations set out by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). The UK GDPR also sets out the criteria for claiming compensation.
If a solicitor sent your medical information to an unauthorised third party, you might be able to claim compensation. However, under the UK GDPR, you will need to prove that the solicitor’s failings caused the personal data breach and that it also caused you emotional distress or financial losses.
Contact our advisors today for some free legal advice concerning your potential claim.
Generally, data breaches can be divided into cyber and non-cyber incidents. Personal data breaches can be a result of a wide range of factors, ranging from cyberattacks to human error. Below are some examples of how your personal data could be breached by a solicitor:
- An organisation fails to update their cyber security systems, leaving them vulnerable to hackers and other cybercriminals.
- Your solicitor sends a document containing your medical information to the wrong address, and this allows an unauthorised person to access your personal data.
- A solicitor sends an email to another client but attaches the wrong document. This document contains
Statistics On Data Breaches
According to these statistics, there have been 4,209 incidents reported so far in 2022. Of this number, the legal sector suffered 295 incidents, 96 of which were incidents where personal data was emailed to the wrong recipient.
If you have evidence that a solicitor sent your medical information to an unauthorised person, you might be able to make a personal data breach claim. Contact our advisors today for more information.
Your solicitor could hold various pieces of medical information about you. For example, if you were pursuing a medical negligence claim, your solicitor would need these medical records to help support your claim. Some potential information they could hold about you could include:
- Prescriptions for a claim against a pharmacy
- Medical records from your GP surgery
- Information from your opticians
- Information about your medical conditions
You could make a personal data breach claim if a solicitor sent your medical information to a third party either accidentally or without a lawful basis. However, you will also need to prove that you suffered mental harm or financial loss due to the personal data breach.
Contact our advisors today for further guidance concerning a solicitor data breach.
Special category data is protected by the UK GDPR. For an organisation to process special category data, such as medical information, they must be able to provide a lawful basis for doing so. Additionally, to process special category data, an organisation must meet one of the specific conditions stated in Article 9 of the UK GDPR.
If a solicitor sent your medical information to an unauthorised third party and could not provide a lawful basis for doing so, you may be able to make a personal data breach claim. You must also be able to prove that you suffered financial loss or psychological harm due to the personal data breach.
Call our advisors today for further guidance about special category data and what to do if a solicitor sent your medical information to the wrong person.
Generally, settlements for personal data breach claims are made up of material and non-material damage.
Any financial losses you experienced due to the personal data breach could be compensated via material damage. For example, if your credit card details were breached, criminals could charge purchases to your card, leading to debt. Additionally, a bank data breach could see money being stolen from your account.
Any psychological injuries you endured due to the personal data breach could be compensated via non-material damage. For example, if you experienced anxiety due to a data breach, non-material damage could compensate you for this suffering.
Below, we have created a data breach compensation table to help you broadly estimate how much you could claim in non-material damage. The figures in this table are provided by the 16th edition of the Judicial College Guidelines (JCG). Many legal professionals use the JCG to help them value claims. Please note that compensation amounts may vary depending on your specific claim.
|Psychological Damage||Severe (a) - A very poor prognosis that will lead to the person’s personal relationships being impacted and struggling to work.||£54,830 to £115,730|
|Psychological Damage||Moderately Severe (b) - Despite a more hopeful prognosis, the person will still significantly struggle to work and handle their personal relationships.||£19,070 to £54,830|
|Psychological Damage||Moderate (c) - The person will have struggled with various problems, but a noticeable improvement will have been made.||£5,860 to £19,070|
|Psychological Damage||Less Severe (d) - How much various aspects of life, such as sleep, were impacted will determine how much compensation is awarded.||£1,540 to £5,860|
|Anxiety Disorder (Reactive)||Severe (a) - All aspects of personal life will be negatively affected. Permanent effects will also prevent them from working or functioning at the pre-trauma level.||£59,860 to £100,670|
|Anxiety Disorder (Reactive)||Moderately Severe (b) - The person will still suffer from severe symptoms. However, there is a chance for recovery with help from a professional.||£23,150 to £59,860|
|Anxiety Disorder (Reactive)||Moderate (c) - A significant recovery has been made. Any persisting symptoms will not be grossly disabling.||£8,180 to £23,150|
|Anxiety Disorder (Reactive)||Less Severe (d) - Within 1 to 2 years, the person will be almost fully recovered. Only minor symptoms should persist after this time.||£3,950 to £8,180|
You can contact our advisors today to determine whether you could claim if a solicitor sent your medical information to the wrong person.
A solicitor from our experienced panel may be able to take on your personal data breach claim on a No Win No Fee basis through a Conditional Fee Agreement (CFA). Under this kind of agreement, you generally won’t have to pay anything to your solicitor if the claim is unsuccessful. If your claim succeeds, the only fee you will pay is a success fee. This is taken as a percentage of your final compensation award.
Our friendly team of advisors are on hand to help you 24/7 with any questions you may have concerning personal data breach claims. They can also offer you free legal advice and can identify if you have a valid claim. Get in touch with our advisors today to inquire about starting a personal data breach claim if a solicitor has sent your medical information to the wrong person.
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For more articles by us concerning data breach claims:
- Dismissal records data breach – can I claim?
- Examples of accidental workplace data breaches.
- How do I report a data protection breach?
- Information Commissioner’s Office (ICO) – What is special category data?
- ICO – Your right to get your data deleted
- Mind – Types of mental health problems
Contact our advisors today if you have evidence that a solicitor sent your medical information to the wrong person.
Written by MR
Edited by CH