How Long Do You Have To Claim For A Liverpool Hospital Data Breach?

In this guide, we will explore the steps you could take should a Liverpool hospital data breach occur. 

liverpool hospital data breach

Liverpool Hospital Data Breach

Data controllers and data processors have a responsibility to protect your personal data as per certain pieces of legislation. These are the UK General Data Protection Regulation and the Data Protection Act 2018. Controllers decide on the purpose for processing whilst processors act on their instruction.

A failure to adhere to these laws can lead to a personal data breach. This can cause a financial and psychological impact. In some cases, compensation could be awarded for the impact the breach has had on the different areas of your life. However, certain eligibility criteria need to be met in order to bring forward a data breach claim, which we will explore in further detail throughout our guide. We will also look at how long you have to begin a claim.  

Additionally, we will look at how much compensation you could be entitled to provided your claim succeeds. We will discuss how your settlement could be calculated. 

Furthermore, this guide will discuss the benefits of working with a No Win No Fee solicitor from our panel, including the services they could offer to assist you through the claims process.

You can also speak with an advisor from our team if you have any specific questions. They are available any time to offer you free advice. To get in contact: 

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How Long Do You Have To Claim For A Liverpool Hospital Data Breach?

A data breach claim must typically be started within 6 years. If you are claiming against a public body, you have 1 year. 

To find out more about these time limits, please get in touch with an advisor on the number above.

When Can You Claim For A Liverpool Hospital Data Breach? 

A data breach can be defined as a security incident that leads to the confidentiality, integrity and availability of your personal data being affected. Personal data is any information that can be used to identify a person. For example, their name, postal address, email address, phone number, credit card or debit card details.

Other personal data, known as special category data, requires extra protection. This can include information that concerns your health, such as your medical records and information revealing your racial or ethnic origin and religious or philosophical beliefs.  

In order to claim for a breach of your personal data, you must be able to prove the following:

  • A failure on the part of the data controller or data processor to uphold their responsibilities laid out in data protection laws.
  • Your personal data was compromised in a breach due to the controller’s or processor’s wrongful conduct.
  • You experienced damage to your finances and mental health due to the breach.

Examples of data protection breaches include:

  • Your medical records are sent to the wrong postal address despite the hospital having the correct address on file. Consequently, you suffer distress and anxiety. 
  • Your medical file is left unattended allowing an unauthorised party to gain access to it. As a result, you experience stress.
  • The wrong email address was used to send details of your medical appointment which included your name and other personal data.

When Would You Be Able To Claim For The Liverpool University Hospital Foundation Trust Data Breach?

An investigation is being carried out into Liverpool’s leading hospital trust after the personal information of thousands of employees was emailed to hundreds of people. A file was shared with the management team at the trust, which included the names, addresses, National Insurance numbers and salaries of employees at the Royal and Aintree hospitals. 

The incident has been reported to the Information Commissioner’s Office (ICO), which is an independent body that safeguards data protection laws in the UK. 

If you have evidence that your personal data was compromised in the Liverpool Hospital data breach, get in touch with a member of our team. They can discuss the potential steps you could take. 

Source: https://www.bbc.co.uk/news/uk-england-merseyside-64909965

What Amount Of Data Breach Compensation Could You Receive?

The data breach compensation you receive could address two types of damage you have experienced. Firstly, you could receive a payout for any non-material damage that is sustained due to the breach. This is any mental harm, for example, distress, anxiety or depression. 

Below we have provided you with a table of guideline compensation amounts that correspond to different types of mental harm. These figures have been taken from the Judicial College Guidelines, which is a document used by legal professionals to help them value this aspect of data breach claims. 

Guideline Compensation Brackets

Injury Severity Compensation Bracket Details
Psychological harm (a) Severe £54,830 to £115,730 Significant problems are present across different areas of the person’s life, such as their work, education and relationships. A very poor prognosis.
(b) Moderately Severe £19,070 to £54,830 A better prognosis despite significant issues affecting several areas of the person’s life.
(c) Moderate £5,860 to £19,070 A good prognosis and significant improvement.
(d) Less Severe £1,540 to £5,860 The award is determined by how long the person is affected and the impact it has had on their daily life.
Reactive disorder (psychiatric) (a) Severe £59,860 to £100,670 Permanent issues that prevent the person returning to the same level they were at before the trauma. As such, all aspects of their life are negatively affected.
(b) Moderately Severe £23,150 to £59,860 A better prognosis is achieved with the assistance of a medical professional.
(c) Moderate £8,180 to £23,150 A large recovery with ongoing effects that don’t grossly affect the person.
(d) Less Severe £3,950 to £8,180 An almost complete recovery is made within 1-2 years.

Please only use these figures as a guide.

How To Claim For Material Damage After A Hospital Data Breach

Additionally, you could receive compensation for any financial losses caused by the data breach. This is referred to as material damage.

For example, you may have needed to take time off work due to the stress caused by the personal data breach. This could lead to you experiencing a loss of earnings, for which you could be compensated.

For more information on the data breach compensation you could be awarded following a successful claim, get in touch using the details provided above.

What Evidence Could Help You Make A Data Breach Claim?

There are several pieces of evidence that you could gather to assist you in strengthening your potential claim. For example:

  • Correspondence with the organisation responsible for the breach. For example, emails containing information on how the breach happened or what personal data of yours was affected. 
  • A copy of your medical records detailing how the breach has affected you mentally. 
  • Proof of any financial harm incurred, such as receipts, invoices, credit score ratings, or credit or debit card statements. 

Additionally, if you report the breach to the ICO, they may decide to investigate the incident. As such, you could use the findings from their investigation as evidence to support your potential claim.

For guidance on the steps you could take should a Liverpool hospital data breach occur, call the number above to speak with an advisor.

Use Our Panel Of Solicitors To Claim For A Liverpool Hospital Data Breach

One of the data breach solicitors from our panel can help you build and present your case, by assisting you in gathering evidence. They generally work on a No Win No Fee basis, which means they can offer to represent your claim under a Conditional Fee Agreement (CFA) which is a particular kind of No Win No Fee service.

As per the terms of a CFA, if your claim is lost, your solicitor will require no payment for their services. Additionally, they won’t take payment for the work they do on your claim upfront or while it proceeds.

However, in the event of a successful claim, you will have to pay a success fee from your compensation. This has a legislative cap, which means you will keep the majority of your compensation. 

To find out more about this type of contract and the services the solicitor’s from our panel could offer, get in touch with an advisor. They can also discuss the steps you could take should a Liverpool hospital data breach occur and your personal data is affected as a result. For more information:

Learn More About Making A Data Breach Compensation Claim

Here we have included more of our guides that could help you:

We have also included external resources that you might find beneficial:

Thank you for reading this guide on the steps that you could take if a Liverpool Hospital data breach were to occur. If you have any other questions, please get in contact with our advisors. 

Article by EA

Publisher EI