In this guide, we will explore the steps you could take if you were affected by a Liverpool hospital data breach. There are certain entities who have a responsibility to protect your personal data under data protection law. If they fail to do so, it could mean your personal data is affected and you are caused emotional harm or financial loss. We will explore the responsibilities these parties have in more detail throughout our guide as well as when you could be eligible to claim if their failure has caused a breach of your personal data.
Additionally, we will examine specific examples of how a data breach could occur and how this could impact different areas of your life. We will also look at how the settlement you’re awarded after making a successful claim can comprise compensation that addresses the ways you have been affected.
Furthermore, we will discuss the benefits of working with a No Win No Fee solicitor and when you could be eligible to have them represent your claim.
If you have any specific questions, you can speak with an advisor from our team. They are on call to provide you free legal advice 24/7. To get in contact:
- Call us on 0161 696 9685
- Use our online ‘contact us’ form
- Speak to our advisors using the live chat feature
Choose A Section
- When Are You Eligible To Claim For A Liverpool Hospital Data Breach?
- How To Claim For A Liverpool Hospital Data Breach?
- Examples Of How A Hospital Data Breach Could Happen
- What Data Breach Compensation Could Be Received After A Successful Claim?
- Use Our Panel Of No Win No Fee Data Breach Solicitors To Make A Claim
- Learn More About How To Claim For A Liverpool Hospital Data Breach
The UK General Data Protection Regulation (UK GDPR), as well as the Data Protection Act 2018 (DPA), outline the responsibilities that organisations must adhere to when handling your personal data. Personal data is any information that can be used to identify a person. For example, their name, postal address, email address, bank details or phone number.
There are two parties that could be responsible for your data. Firstly, a data controller is responsible for how and why your personal data is used. Secondly, a data processor can act on behalf of the controller.
To have a valid data breach claim, you need to prove that a data controller or processor failed to adhere to data protection law and as a result of their wrongful conduct, your data was breached and you experienced financial loss and emotional harm as a result.
If you have evidence that your personal data was involved in a Liverpool hospital data breach, please get in touch with an advisor from our team to understand what steps you could take.
There are several steps you can take after a personal data breach, including gathering evidence that can help to support your potential claim. Examples of how you could gather evidence include:
- Keeping track of correspondence between yourself and the relevant organisation. This may include emails detailing how the breach happened and what personal data was affected.
- Having any psychological injuries assessed. In doing so, you could access a medical report that details how you have been affected psychologically.
- Providing evidence of any monetary losses that have been incurred. You can do this by keeping hold of receipts, bank statements, credit score reports, or invoices.
If you have made the organisation aware of a potential breach and they do not respond adequately or at all, you could report the incident to the Information Commissioner’s Office (ICO), which is the UK’s independent watchdog that upholds data protection law.
The ICO may investigate your report but cannot award compensation. If they do investigate your concerns, you could use their findings as evidence to support your potential claim as well.
For more information on the steps you could potentially take following a Liverpool hospital data breach, get in touch on the number above.
There are a number of ways a hospital data breach could occur. For example:
- Your doctor sends your medical records to the wrong postal address despite having the correct details on file. As a result, you suffer from anxiety because sensitive information about your medical condition is shared with an unauthorised party.
- Due to not having sufficient cyber security systems in place, a hospital’s database is hacked. Consequently, your personal information, including your name and information relating to your health, is stolen. The stress of the situation means you require time off work resulting in you losing income.
The Liverpool University Hospital Foundation Trust Data Breach – What Happened?
Liverpool’s main hospital trust is currently under investigation after the personal information of thousands of staff was emailed to hundreds of people.
A file was sent to the management staff at the Liverpool University Hospital Foundation Trust, which included employees’ names, addresses, National Insurance numbers and salaries.
The incident has been reported to the ICO who is currently investigating the incident.
If you have evidence that you have been impacted by a Liverpool hospital data breach, our advisors can offer you free legal advice. They can discuss the next steps you may be able to take.
The data breach compensation payout that you could be entitled to following a successful claim may comprise of two heads of claim. Firstly, compensation for non-material damage seeks to reimburse you for any mental injuries that are sustained due to the data breach. This could include distress, depression, anxiety or post-traumatic stress disorder (PTSD).
We have included a table of compensation brackets that have been taken from the Judicial College Guidelines (JCG). The JCG can be used by legal professionals when valuing this aspect of your settlement.
However, these figures are not guaranteed and are only provided as a guideline. This is because every personal data breach claim is unique, meaning your settlement could differ.
|Type of Harm||Severity||Compensation Bracket||Details|
|(a) Mental injury||Severe||£54,830 to £115,730||A very poor prognosis and significant problems with several areas of life including life, education, work and relationships.|
|(b) Mental injury||Moderately Severe||£19,070 to £54,830||There are still significant problems relating to different areas of the person's life but the prognosis is better.|
|(c) Mental injury||Moderate||£5,860 to £19,070||There is a significant improvement and the prognosis is good.|
|(d) Mental injury||Less Severe||£1,540 to £5,860||The impact on the person's sleep and day to day activities is considered when valuing how much compensation is owed.|
|(a) Anxiety disorder||Severe||£59,860 to £100,670||Permanent effects that prevent the injured person from functioning at the same level as before the trauma.|
|(b) Anxiety disorder||Moderately Severe||£23,150 to £59,860||The help of a medical professional will allow a better prognosis to be achieved.|
|(c) Anxiety disorder||Moderate||£8,180 to £23,150||The person will have made a significant recovery with any ongoing issues not being hugely disabling.|
|(d) Anxiety disorder||Less Severe||£3,950 to £8,180||An almost complete recovery is made within 1-2 years.|
How To Claim For Material Damage
Furthermore, compensation for material damage could also be included as part of your payout. This aims to reimburse you for any financial losses that are incurred due to the data breach.
This could account for monetary losses, such as:
- Loss of earnings
- Money stolen from your bank account
- Debt and arrears due to a credit and debit card being taken out in your name
- Damage to your credit score
Our team of advisors can provide you with a more personalised estimate as to how much compensation you could be owed. Get in touch on the number above.
The solicitors from our panel could offer you their services via a Conditional Fee Agreement (CFA) which is a particular kind of No Win No Fee contract. This usually means that you won’t have to pay for the services your solicitor provides upfront or during the claims process. Moreover, no payment is generally required for the work they have done on your claim if it is not successful.
That said, if your claim is successful, you will owe your solicitor a success fee. This will be deducted from your compensation but is legally capped, which guarantees that you receive the majority of your compensation.
An advisor from our team can assess your case and determine whether you are entitled to be represented on a No Win No Fee basis. If you are, they can set you up with a No Win No Fee solicitor from our panel.
To get in touch:
Here are some more of our own guides that could be of use to you when looking to make a data breach claim:
- How to claim if your files were lost in a data breach
- Family data breach compensation, can I claim?
- What happens after an accidental data breach by an employer?
We have also included further reading that may be able to assist you:
Thank you for reading this guide. Please do not hesitate to get in touch with an advisor from our team if you have any questions about what you could potentially do after a Liverpool hospital data breach that affected your personal data.
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