NHS Data Breach

NHS data breach: everything you should know

Health and social care organizations keep the personal data of millions of users. With getting more and more digitized, they have also become more vulnerable to data security breaches. This resulted in having stricter rules imposed by UK law on how the organizations shall handle their data.

The NHS data breach of GDPR and NHS breach of the Data Protection Act have risen recently. GDPR and DPA are important regulations that mandated how personal information shall be treated, which also regulates how the healthcare sector shall manage the patients' data. The NHS is required to handle its electronic and paper information securely to prevent improper access and disclosure to third parties.

Such a requirement has led to the appearance of numerous data security websites. They guide organizations in how to keep the data secure, complying with the law.

Despite the reinforced control and the existence of advanced security systems, many NHS still neglect to ensure security of medical records of their patients. Data breach incidents still happen very often resulting in psychological and financial suffering for a lot of patients.

For this reason, the data breach policy of the NHS foresees an NHS data protection breach compensation. It acts as an aid to all victims who experienced anxiety, medical harm, anguish or financial loss due to the breach.

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Data security breach: your eligibility and rights

Your medical institution is responsible for keeping your data protected. When your personal data at the NHS is misused, leaked or hacked as part of an accidental or deliberate act, you can claim NHS data breach compensation.

Here are the criteria that your case shall meet to have such right:

• your personal details, medical records, or other sensitive information was handled inappropriately by the NHS
• the NHS is based in the UK
• you did not give authorization on how your data has been used
• you have the proof of the incident (data breach notification on NHS website, email, etc.)
• you make an NHS data breach claim within 6 years after the incident

We at DataClaim advise you to not wait and start your complaint about a breach of data protection of the NHS as soon as possible since it improves your chances to get compensation.

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Your NHS data breach compensation amount can get as high as £5,000 and in some severe cases can reach £15,000 to £25,000, it all depends on individual circumstances and severity of the case. The implications of breaching the Data Protection Act in the NHS might be more complex. For this reason, any victim can claim for either or both:

• material losses (ex., a medical data breach of your personal and financial information can result in identity theft. Cybercriminals can open new bank accounts, issue payment cards in your name and apply for credit, etc.)
• non-material damage or distress (ex., mental harm, feeling confused and stressed, lack of sleep, etc.)

NHS personal data breach: examples

Common data protection breach examples in the NHS include:

1. Your private information is disclosed without your authorization. Examples:
   • Blackpool NHS Trust staff data breach when the organization disclosed the personal data of its staff members on the website in March 2014. This NHS staff data breach included birth dates, NINO, sexual orientations and religious beliefs.
   • NHS data breach in 2018 when a coding error of TPP's SystemOne software resulted in breaching patient data of the NHS Digital. 150,000 affected patients in England can claim TPP NHS data breach compensation.
2. Your health information is leaked to third parties. Examples:
   • NHS Highland data breach in 2018 when the NHS mistakenly emailed the personal data of its 284 diabetes patients to 31 people. The information exposed included birth dates, contact details and the name of the patients’ clinic.
   • St. George’s Healthcare NHS Trust data breach in 2011 when patient's medical records were mailed to the wrong address.
3. Paper or electronic documents containing your medical data are handled negligently. Examples:
   • Bristol NHS data breach in 2017 when 1,105 medical records had gone missing or lost. The NHS data breach cause was the use of outdated documentation methods by the NHS.
   • Leaving paper documents with medical data lying around or computer screens unlocked.
4. Unauthorized access to your medical data. Example:
   • NHS data breach in 2019 when the staff of Wrightington, Wigan and Leigh NHS Foundation Trust accessed the data of more than 2,000 patients without their authorization. The staff did not have a professional reason to do so.
5. Your medical information is hacked due to a cybersecurity breach. Example:
   • NHS data breach in 2017 when the operation of more than 80 NHS in England was disrupted. The organizations could not perform their daily activities due to the digital virus, also known as WannaCry ransomware.

Sometimes the patient or the NHS itself might be unaware of the breach for a long time. But, once the NHS data security breach is discovered, the structure shall contact you immediately, explaining what happened and what if your data was compromised. This way, you could assess the gravity of the NHS data breach consequences.

If you experience NHS breaches of data protection law, click on the “Get My NHS Data Breach Compensation” button below. In less than 3 minutes, you will be able to start the claiming process at zero cost.

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NHS data protection: DataClaim is there to help you

At DataClaim, we understand that filing your NHS data protection breach complaint can be frustrating. This is especially true when you are also handling the psychological impact of your data being compromised.

We can help you in getting what you are rightfully owed. So, if a data breach occurred, hurry up and get in touch with our team.

Start your claim

What is DataClaim known for?

1. DataClaim is the №1 company owning a broad knowledge about data protection rights.
2. We have many sources of NHS information on data protection breaches that we can use to protect your rights.
3. We have professional legal partners worldwide who have extensive experience dealing with data breaches in all their manifestations.
4. No advance fees or credit card information is needed. We operate on a "No-Win, No-Fee" basis.
5. We can manage the entire process: from arguing with the NHS to winning over your NHS data breach claim in court.

FAQ: more about healthcare breaches

Who do you report NHS data breach to?

You should contact the ICO, the Information Commissioner’s Office, and NHS Digital about a data breach. Your NHS data breach reporting should include the details of what happened, when, and who is involved.

How many data breaches by the NHS?

According to statistics of the ICO, there were 3,557 individual data breaches in the NHS reported in the period between April 2019 and March 2021.

How can the NHS breach the Data Protection Act?

Data Protection Act breach in the NHS can be any incident involving the violation of data protection principles when the data is misused, leaked, or compromised.

What is a healthcare data breach?

NHS personal data breach is a breach in the security of the healthcare sector when the patient data is disclosed, lost, or destroyed without the authorization of a patient himself.

How to complain about a breach of data protection NHS?

You can make a claim about the NHS data protection breach to the ICO, the UK’s authority that acts in the public interest enforcing information rights. You can also get in touch with DataClaim. We can handle your claim for free and get compensation for the breach. The compensation amount for a victim-patient for NHS data breach can be as high as £5,000.

Can I sue the NHS for a data breach of confidentiality?

Yes, you can sue the healthcare organization for a data breach under UK GDPR and DPA for the NHS data breach. You can claim compensation for both financial losses and medical distress suffered due to the security breach incident.

Who to report NHS data breach?

You make data breach reporting to the NHS Digital and the ICO. They will help identify if your data rights were violated and advise on what should be done next.

What is a cyber incident in the NHS?

A cyber attack is a breach of the NHS’s cyber security system, including ransomware, malware, man-in-middle attack, phishing, etc., to disable NHS facilities and steal medical data.

Could the ransomware attack on the NHS breach the Data Protection Act?

Yes, ransomware is one of the cyber attacks included in the list of the Data Protection Act NHS breaches.

Was the NHS hack a reportable data breach?

Yes, because when the computers of the NHS are hacked, the medical information of its patients' data might be stolen and accessed without authorization. So, the NHS hack is considered a data breach in the UK. Affected patients can claim compensation in the amount of up to £5,000 and in some cases it can reach £15,000 - £25,000for a severe NHS data breach.

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