Having your personal data compromised by a gender identity clinic data breach could significantly impact multiple aspects of your life. This guide explains when and how you can seek compensation for the effects of a data breach.
We discuss personal data and how it could be breached in a security incident, as defined by the key legislation that sets out different parties’ responsibilities when processing personal data.
When making a personal data breach claim for the harm that results it is important to have evidence to support your case. This guide looks at what you could gather to help prove the effects of the breach. As you move through the guide, you will see a section that looks specifically at data breach compensation and what type of damage you could claim for.
Our advisors provide a free assessment of your potential case and if eligible you could be connected with an experienced data breach solicitor from our panel who will offer guidance throughout the data breach claims process. We are available at any time, so to reach us:
- Call 0161 696 9685.
- Contact us by sending an online message.
- Join a live chat conversation on this page.
Select A Section
- When Could I Claim For A Gender Identity Clinic Data Breach?
- What Is Special Category Data?
- How Could A Gender Identity Clinic Data Breach Occur?
- Evidence Which Could Prove Your Claim
- What Could You Claim For A Breach Of Data Protection?
- Find Out If You Could Claim For A Gender Identity Clinic Data Breach
The Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR) are the pillars of data protection legislation in the United Kingdom. Anyone processing personal data must follow their directives. Article 4 of UK GDPR identifies two parties responsible for the secure handling of personal data:
- Data controllers, determine how and why data is processed.
- Data processors, whom a data controller may call upon to process data on their behalf. Data controllers could choose not to outsource the task to a processor.
The Information Commissioner’s Office (ICO) upholds the public’s data rights and freedoms. They give guidance to parties involved in data processing and take action on reports of personal data breaches, where a security matter affects the security, integrity or availability of someone’s personal data.
You may be eligible to claim compensation for a personal data breach affecting you, if:
- The data controller or processor did not meet the obligations set out by data protection legislation.
- This led to a data breach that affected your personal data.
- As a result, you suffered one or a combination of mental and financial harm.
Furthermore, a personal data breach claim is only valid if it is submitted in time. Generally, the time limit is six years, but this could be reduced to one year if the claim is against a public body.
Whether due to deliberate action, a system issue or human error, the damage a gender identity clinic data breach could cause may entitle you to claim compensation. Please get in touch to discuss your experience and options.
Personal data is any information that could identify you, alone or in combination with other information. You may have shared personal data like a phone number or address with a gender identity clinic, as well as details about you that require further protection. Personal data can include your name and contact details, there is also a type of personal data that is sensitive in nature known as special category data.
Article 9 of the UK GDPR states that special category data is particularly sensitive information, that requires added protection and is personal data related to:
- Ethnicity and race.
- Political views or party membership.
- Religious or philosophical beliefs.
- Trade union membership.
- Genetic or biometric information.
- Sexual orientation.
Please reach out if you have any questions about personal data and what you can do if identifying information has been exposed due to a data breach.
A gender identity clinic offers gender care to a large range of people, including trans men, trans women, and non-binary people.
The following examples explore how a data controller or processor not upholding their data processing responsibilities could lead to a data breach.
- A clinic sends out a notice to all patients in an email. Because they fail to ‘Blind Carbon Copy’ the recipients’ email addresses, the patients can all see each other’s email addresses.
- A clinic does not set up sufficient online security measures. Their systems are compromised, allowing the hackers to gain access to medical records.
- The clinic sends a letter with advice about recovering from gender affirmation surgery to a patient’s old address, despite being given a new mailing address.
If you have been affected by a breach of health data and believe you have grounds to pursue a personal data breach claim, please get in touch to find out what to do next.
All data breach claims require the collection of evidence to prove the breach itself and any subsequent impact it has had on the claimant. Not all those affected by a personal data breach will have the right to claim. If an organisation has completely abided by data protection legislation, but a breach still happened a claim may not be likely. If you start a claim for a gender identity clinic data breach, you must provide:
- A data breach notice letter or any other correspondence between you and the gender identity clinic that explains your personal data has been breached.
- If you are claiming for effects on your mental health, you will need medical evidence highlighting psychological injury.
- To claim for financial losses stemming from the breach, such as loss of earnings you could use payslips.
A data breach putting your rights and freedoms at risk should prompt a data controller to contact you without undue delay. You can contact them directly if you believe a breach has occurred, but they have not been in touch.
If you do not get a meaningful response wait no longer than three months, to report a data protection breach to the ICO. The outcome of their investigation, should they launch one, could be added to your evidence.
Our advisors can explain this in more depth, and note how a solicitor from our panel can help to gather and present evidence during a claim to aid your chances of success.
Your personal data breach claim, if successful, could see you compensated for two types of damage.
You could be compensated for your material damage which is financial losses due to a data breach. This could address a loss of earnings from missing work due to stress.
Non-material damage is the psychological impact of a breach. For example, if the data breach caused anxiety, depression or even post-traumatic stress disorder,
You can claim for both material and non-material damage or seek compensation for either individually.
Legal professionals when valuing non-material damage can turn to a document known as the Judicial College Guidelines, the same way solicitors do for personal injury claims. This contains many different types of injury and harm, along with various different severities and their guideline compensation brackets.
Please speak to us to learn more about data breach compensation and how to seek compensation for material and non-material damage.
This table should only be considered a guide because compensation awards vary from case to case.
Injury Severity Compensation Bracket Notes
Psychiatric and Psychological Damage General Severe £54,830 to £115,730 A poor prognosis, coupled with marked problems coping with relationships, education, employment and study.
Moderately Severe £19,070 to £54,830 Significant problems with various factors, like a clear struggle handling life and relationships, but a relatively optimistic prognosis.
Moderate £5,860 to £19,070 A marked improvement and good prognosis, despite issues issues coping with life and relationships.
Less Severe £1,540 to £5,860 The extent of disability, sleep and impact on daily life affect the award level.
Reactive Psychiatric Disorder/PTSD Severe £59,860 to £100,670 All aspects of life are impacted, so much as to mean the affected person cannot work or function at pre-trauma level.
Moderately Severe £23,150 to £59,860 While significant disability will last in to the future, professional help can bring about some recovery.
Moderate £8,180 to £23,150 A large recovery will have been made and any symptoms that remain will not have a major impact on the claimant's overall life.
Less Severe £3,950 to £8,180 A virtually full recovery that has taken up to two years. Only minor symptoms persist.
Call us today and an advisor can assess your potential personal data breach claim. If they find that you have good grounds to pursue your case, they could connect you with a specialist data breach solicitor from our panel. All the solicitors on our panel work under a specific type of No Win No Fee agreement known as a Conditional Fee Agreement CFA.
This means you do not have to pay your solicitor for their service at the follwoing times:
- As the case progresses;
- If the case fails.
If the case wins, your solicitor takes a percentage of the compensation. This is their success fee. The percentage is also legally capped by The Conditional Fee Agreements Order 2013.
We can be reached any time, and it’s free to talk to us:
Learn More About Medical Data Breach Claims
If you are looking for more information on data breach claims, why not try these guides:
- This general guide to medical data breaches explains how to start a claim.
- Can I claim for a private healthcare provider data breach?
- Who could make a data breach claim against social services?
These resources could also help:
- Information Commissioner’s Office – Data security incidents.
- GOV.UK – Statutory Sick Pay
- National Cyber Security Centre – Data breach guidance.
Thank you for reading our guide on steps that could be taken after a gender identity clinic data breach. Please call if we can help with anything.