Medication Data Protection Breach – Could You Claim Compensation?

This guide will explain how to claim compensation for a medication data protection breach.

Medication data protection breach claims guide

Medication data protection breach claims guide

Your medication data can include records of medicines your doctor has prescribed. Or medication that was administered to you when you were receiving medical treatment. A medication data breach may have revealed confidential information about your health and caused you emotional distress or financial losses.

The following organisations could breach medication data:

If you have suffered harm due to a personal data breach, you may be eligible for compensation. Our advisors can explain the eligibility criteria and can tell you if you have a valid claim. If you meet the criteria, a data breach solicitor from our panel may be able to help you. To learn more:

  • Call us on 0800 408 7825
  • Contact us via our website
  • Or you can ask an advisor for help using our live chat feature

Select A Section

  1. What Is A Medication Data Protection Breach?
  2. Does The UK GDPR Cover Medication Information?
  3. Why Is Data Transparency Important?
  4. How To Claim For A Medication Data Protection Breach
  5. What Could You Claim For A Medication Data Protection Breach?
  6. What Are The Benefits Of No Win No Fee Medication Data Protection Breach Claims?

What Is A Medication Data Protection Breach?

A medication data breach is a security incident that affects your personal data’s integrity, confidentiality, or availability. The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) work together to protect the personal data of UK residents: this means information that could identify you, such as your full name or date of birth.

However, your medication can reveal information about your health. This means it falls under a type of personal data known as special category data. Under data protection law, special category data needs extra protection because it is sensitive in nature.

Are Medication Data Breaches Illegal?

Personal data breaches can occur in many ways, from human error to cybercrime. However, not every medication data protection breach will form the basis of an eligible claim. This is because the UK GDPR sets out eligibility for claiming, and in order to claim, the breach of data protection must lead to a personal data breach.

This means that the breach must affect your personal data, it must be caused by wrongful conduct, and you have to experience harm because of it.

To find out if you could have a valid personal data breach claim, contact our advisors today.

Does The UK GDPR Cover Medication Information?

The UK GDPR defines data concerning health as special category data. Special category data is data that is of a sensitive nature. Therefore the data has special protections, and organisations need to meet extra criteria to process it lawfully. Data subjects may experience emotional distress if their health-related data is breached, which could become a mental health problem.

Medicine data breaches can also cause financial losses. Here are some examples of how financial losses can occur following a UK GDPR data breach:

  • Victims of a medication or medical test result data breach can suffer psychological injuries and have to take unpaid time off work to recover, therefore experiencing a loss of earnings.
  • Victims have to pay for medical treatment or therapy to treat their psychological injuries.
  • Fraudsters steal personal data and use it to commit credit card fraud or identity theft
  • Or financial information is revealed through a prescription data breach, which criminals use to withdraw money from the victim’s account.

If you are wondering whether you could be eligible to make a claim following a medication data protection breach, contact our advisors today.

Why Is Data Transparency Important?

NHS Digital has published a guide on protecting patient data. In the guide, NHS Digital explain the importance of collecting data transparently. NHS Digital recommends that the following information should be available to patients when their data is collected:

  • The purpose for processing the data
  • The lawful basis for processing the data
  • Who the data controller is, and how to contact them
  • Patients should be made aware of their data protection rights and how to exercise them
  • If a third party is able to access the data, including a party outside of the EU or EEA

Our advisors can provide more information on making a medication data protection breach claim when you get in touch today.

How To Claim For A Medication Data Protection Breach

If you believe your personal data has been compromised in a medication data protection breach, there are some steps you can take:

  • Write to the organisation and explain what your concerns are. They may respond with further information. For example, they may be able to confirm the breach, or they may explain what data was affected and how.
  • If the organisation does not respond, or if the response they provide is unsatisfactory, you may wish to complain to the ICO.
  • The ICO does not provide compensation, nor do they handle personal data breach claims. However, they can investigate personal data breaches and also have the power to impose fines.
  • Wait no longer than three months from your last meaningful contact with the organisation to contact the ICO.

You may also wish to seek legal advice following a medication data protection breach. Our advisors can provide free legal advice and further help when you get in touch today.

What Could You Claim For A Medication Data Protection Breach

If you make a successful personal data breach claim, you could be eligible for two types of compensation. Material damage is the head of compensation that addresses the financial impacts of the breach. For example, if a breach results in criminals stealing money from your bank account.

Non-material damage is the head of compensation that addresses the psychological impacts of a breach. For example, you may suffer anxiety, depression, or stress after a breach of your medication data.

Below, you can find a table of figures taken from the Judicial College Guidelines (JCG). The JCG helps legal professionals when they are valuing claims by providing guideline compensation amounts. The table below addresses guideline figures for non-material damage awards.

Mental Health Effects Notes On The Injury Estimated Damages
Severe Psychiatric Harm Severe psychiatric harm which has impacted all parts of this person’s life. The person is not able to cope with things such as work, or education or relationships. £54,830 to £115,730
Moderately Severe Psychiatric Harm Similar symptoms to the case above, though the prognosis is more optimistic. £19,070 to £54,830
Moderate Psychiatric Harm Symptoms show improvement by the time the case goes to trial, allowing a good prognosis. £5,860 to £19,070
Less Severe Psychiatric Harm Damages assess an injury’s impact on parts of everyday life, such as sleep. £1,540 to £5,860
Severe Reactive Psychiatric Disorder The degree of severity means the person is unlikely to return to life or work at pre-trauma levels. £59,860 to £100,670
Moderately Severe Reactive Psychiatric Disorder There is a good prognosis due to the chance of some recovery with professional treatment. £23,150 to £59,860
Moderate Reactive Psychiatric disorder A good degree of recovery is made and remaining symptoms are not grossly disabling. £8,180 to £23,150
Less Severe Reactive Psychiatric Disorder In a period less than two years the person should see a virtually full recovery, with any remaining symptoms being minor. £3,950 to £8,180

These figures are not guaranteed amounts; they are guidelines only. For a free estimate of what your claim could be worth, get in touch with our team today.

What Are The Benefits Of No Win No Fee Medication Data Protection Breach Claims?

If you are interested in making a medication data protection breach claim, you may be wondering how to seek legal advice. Our expert panel of No Win No Fee solicitors could help you through the claiming process with a Conditional Fee Agreement (CFA). Under this type of No Win No Fee arrangement, you usually don’t pay any fees to your solicitor unless your claim succeeds. In the case of a successful claim, your solicitor takes a legally-capped success fee. However, if your claim does not succeed, you do not pay this fee.

Our advisors can provide free legal advice and a free evaluation of your claim. If your claim is found to be valid, they may connect you with a solicitor from our panel. Get in touch to learn more:

  • Call us on 0800 408 7825
  • Contact us via our website
  • Or you can ask an advisor for help using our live chat feature

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Article by AH

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