Claiming For Sexual Health Clinic Data Breach

Sexual health clinic data breach claim guide

Sexual health clinic data breach claim guide

If your personal data has been compromised by a sexual health clinic data breach, you may be wondering what steps you could take next. A personal data breach can cause significant harm, and you might want to claim compensation.

In this guide, we will explain what makes a personal data breach case eligible for compensation. We will also discuss the common causes of healthcare data breaches according to the Information Commissioner’s Office (ICO), an independent UK-based organisation that is responsible for enforcing data protection legislation.

To learn more about making a claim following a sexual health clinic data breach, get in touch with an advisor from our team:

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What Is A Sexual Health Clinic Data Breach?

A sexual health clinic data breach is a security incident at a clinic that affects the integrity, availability, or confidentiality of your personal data. This refers to information that could identify you, like your name, email address, or phone number. Personal data is protected for UK residents by the UK General Data Protection Regulation (UK GDPR) as well as the Data Protection Act 2018 (DPA).

A sexual health clinic could play the role of both data controller and data processor. A data controller is in charge of how your personal data is used. They also must establish a lawful basis for using this data. Then, a data processor will process your data in line with the instructions laid out by the controller.

The UK GDPR sets out the criteria for claiming in Article 82, and states that:

  • The breach must be the result of wrongful conduct
  • It must include your personal data
  • You must suffer emotional or financial harm

If your case meets these criteria, then you may be eligible to make a sexual health clinic data breach claim. Get in touch with our team today to learn more.

Does The UK GDPR Apply To Medical Records?

Yes, the UK GDPR applies to your medical records. In fact, your medical records are given extra protection under the UK GDPR and the DPA, as they contain special category data.

This is a kind of personal data that is sensitive in nature and can include information regarding your:

  • Health
  • Sexual orientation
  • Trade union membership status
  • Genetics or biometrics
  • Religious views
  • Racial or ethnic origin

A sexual health clinic may have access to all of this information because of the nature of the services it can provide. If information about your sexual health is breached, this can cause a significant amount of damage to your wellbeing, both financially and emotionally.

If a sexual health clinic data breach has affected your personal data and caused you harm, you may be able to claim. Get in touch with our advisors today to learn more.

What Is The Most Common Cause Of Healthcare Data Breaches?

According to statistics published by the ICO, healthcare data breaches made up 20% of all reported incidents in 2021. The majority of these incidents were due to non-cyber causes, such as data being emailed to the incorrect recipient.

Some further examples of how a clinic data breach could occur include:

  • A failure to use the BCC feature exposes your email address to fellow recipients of an email from the clinic
  • A misdirected fax allows an unauthorised party to access your medical records
  • A device containing your personal data is lost or stolen due to inadequate security
  • Verbal disclosure occurs when a member of staff at the clinic divulges personal data from your medical records to an unauthorised party

Steps You Could Take After A Sexual Health Clinic Data Breach

If a sexual health clinic suffers a personal data breach that could affect your freedoms or your rights, they must tell the ICO. This has to be reported within 72 hours. They also have to notify you without undue delay.

If you find out that your personal data has been breached by a clinic, you can make a complaint directly to them. They may respond with more information. However, if they don’t, or if their reply is not adequate, the ICO may be able to get involved. You can make a complaint to the ICO within three months of your last contact with the clinic.

You could also seek legal advice. Our advisors can offer you a free consultation in which they can offer free legal advice and more guidance and could put you in touch with a solicitor from our panel. Contact an advisor to learn more.

What Could You Claim For A Sexual Health Clinic Data Breach

There are two heads of data breach compensation that you could be able to claim for following a personal data breach. These correlate with the two areas of damage you can suffer: material damage and non-material damage.

Non-material damage compensation aims to address the way the breach has affected you psychologically. For example, if you suffer from anxiety due to a data breach, or if you experience depression because of a breach, you may be entitled to claim non-material damage compensation.

Below, you can find some compensation brackets taken from the Judicial College Guidelines (JCG). The JCG is a document used by legal professionals such as judges and solicitors, as it offers guideline compensation amounts for a range of compensation claims.

Psycholgical Injury Severity Level Notes Bracket
Mental Harm Severe This bracket comes with severe symptoms, and claimants may find it difficult to perform daily tasks, go to school, or work. There is a very poor prognosis. £54,830 to £115,730
Mental Harm Moderately Severe Although symptoms are similar to the above, there is a better prognosis. £19,070 to £54,830
Mental Harm Moderate Symptoms in this bracket will show an improvement by the time of trial. £5,860 to £19,070
Mental Harm Less Severe This category of compensation will be determined by the amount and duration of mental harm suffered by the claimant. £1,540 to £5,860
Post-Traumatic Stress Disorder (PTSD) Severe Symptoms in this bracket are permanent and so severe that there is no ability to work or function at the pre-trauma level. £59,860 to £100,670
Post-Traumatic Stress Disorder (PTSD) Moderately Severe With professional treatment, there is some chance of recovery. This leads to a better prognosis. £23,150 to £59,860
Post-Traumatic Stress Disorder (PTSD) Moderate The remaining symptoms are not grossly disabling, and a large amount of recovery occurs. £8,180 to £23,150
Post-Traumatic Stress Disorder (PTSD) Less Severe Within two years, a virtually full recovery occurs. Symptoms that go on past this point are minor. £3,950 to £8,180

Material damage compensation covers the financial effects of a personal data breach. For example, if your banking details are included in a breach, this could allow criminals to steal money from your account. Or, you may experience a loss of earnings if you have to take time off work to recovery from your psychological injuries.

Please note that the JCG provides guideline amounts, and not guaranteed figures. For more information on the compensation you could receive for a sexual health clinic data breach claim, contact our advisors today.

How Our Panel Of Solicitors Could Help You Start Your Claim

If you are interested in making a claim, a solicitor from our panel may be able to help you get your claim started. With the help of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement, a solicitor from our panel can represent you and your case. Typically, with a CFA, your solicitor will not request an upfront payment for them to begin their work on your claim.

Similarly, you usually won’t be asked to pay any ongoing costs to your solicitor for their work on your case. The only fee your solicitor will take comes directly from your compensation as a success fee, and you only pay it if your case succeeds. if your claim fails, then you will not pay your solicitor for their work.

To find out how a solicitor from our panel could help you after a sexual health clinic data breach, get in touch:

Related Data Breach Claims

If you are looking for more helpful data breach claims, we recommend:

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Thank you for reading our guide on how to claim for a sexual health clinic data breach.

Article by AH

Publisher AA