Are you looking for help and information about making a psychiatrist data breach claim? If a mental health professional fails to safeguard your personal data, you could be entitled to start a data breach compensation claim for the anguish and financial harm it caused.
Our guide begins by looking at the two main pieces of legislation that protect the data rights of the public in the UK. The Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR) require organisations and professionals to comply with certain processing standards, especially concerning medical and health data.
We explain what criteria you need to meet to start a claim against a psychiatrist for a data breach. We then look at how a psychiatrist might breach data in a way that could give rise to a claim. Whether this is because of human error or deliberate acts of data breach. In addition to this, we explain the evidence you could use to strengthen your claim for compensation. The time limit in which to bring forward a claim is also discussed.
Then, we explain how compensation for financial and emotional harm is calculated after a data breach. The guide concludes by laying out the many benefits of using legal representation to help launch your claim with a type of a No Win No Fee Agreement.
We invite you to connect with us at any point while reading, as we can offer a free case assessment. If eligible, we could then connect you with an expert data breach solicitor from our panel to get started. To learn more:
- Connect by phone on 0800 408 7825 to talk about your psychiatrist data breach.
- Contact us online.
- Start a conversation through the live chat option below.
Select A Section
- Can You Claim For A Psychiatrist Data Breach?
- How Can Psychiatrist Data Be Breached?
- How To Claim For A Psychiatrist Data Breach
- How Much Data Breach Compensation Could You Claim?
- Why Make A No Win No Fee Psychiatrist Data Breach Claim?
- Learn More About Making Data Breach Compensation Claims
Can You Claim For A Psychiatrist Data Breach?
When you share your personal information with third parties, you are classed as a data subject. Personal data is a term that refers to a wide range of commonly shared information that could be used to identify you, such as your name, address and email.
Data protection laws protect personal data. The independent body that enforces them is called the Information Commissioner’s Office (ICO), and stiff penalties can be made against those who breach data processing regulations.
The ICO identify two main parties that process our personal data. Controllers define the purpose of the data collection. Processors work either in-house or externally with the data on behalf of the controllers. Both parties must comply with the DPA and UK GDPR laws when processing personal data.
A data breach is defined by the ICO as the loss of availability, confidentiality and integrity of personal data. This might arise after data is lost, altered, shared with unauthorised parties, destroyed or tampered with. Both paper copies and digital format data about you are equally protected.
Therefore, a data breach compensation claim can be made against a psychiatrist if you can show you meet the following criteria:
- The data breach happened due to a failure on the part of the psychiatrist or their processor to fulfil DPA and UK GDPR obligations (this is referred to as wrongful conduct).
- The failure compromised your data.
- You can show how this harmed you financially and/or emotionally.
A personal data breach of your medical data can be highly distressing. However, if the psychiatrist can prove they did their best to safeguard your data, not every form of breach is grounds for a claim. So, to discuss your potential claim with one of our advisors, please call for guidance.
Does The UK GDPR Cover Medical Information?
Information about your physical and psychiatric health is classed as more sensitive. It is referred to as special category data and requires a higher level of care when being processed. Medical data that a psychiatrist might hold about you would fall into this category.
Certain exceptions can apply to the use of data like this. For example, unless otherwise stated, information essential for patient care (legitimate interests) can be shared. Another example is that your medical records may be ordered to be disclosed during court proceedings.
To clarify if your psychiatrist data breach claim is valid, please speak with our team. You can call on the number above, email us online or ask a question through the live chat option below.
How Can Psychiatrist Data Be Breached?
Next, we illustrate how a psychiatrist data breach could entitle you to launch a claim. Here are some example scenarios:
- The psychiatrist loses a laptop or files about you, allowing others to read your medical notes about sexual abuse. This creates a severe level of distress for you.
- The clinic has weak cyber defences and fails to improve them. Because of this, your details are stolen in a cyber attack. This causes you emotional distress over who has your personal data and what they will do with it.
- A misdirected fax from the psychiatrist compromises your medical information. Unauthorised third parties can then access it, causing you anxiety.
- Your treatment notes are posted to your old postal address despite them having your new address on file. This causes depression due to the data breach, and you pay for relocation fees as your abusive ex-partner still lives at the old postal address, making you worried for your safety.
Other examples can apply. To chat in confidence about your potential psychiatrist data breach claim, please speak with our friendly team.
How To Claim For A Psychiatrist Data Breach
Evidence is needed to support a claim for data breach compensation. The following tips can help you build a claim:
- Typically, a person may be alerted to a data breach in one of two ways. They either discover it themselves or are notified by the party responsible for the breach The psychiatrist or clinic must inform data subjects without delay about any breach that threatens the patient’s rights and freedoms. So you may have a letter or email about this which you can use as evidence.
- If you suspect a data breach yourself, you can contact the psychiatrist directly and request an explanation.
- You are free to complain to the ICO yourself if you have not received a satisfactory response from the psychiatrist/clinic. Wait no later than 3 months after the last meaningful contact to do this. The ICO is not in a position to award individual compensation. However, should they decide to investigate, the findings can lend valuable credibility to your claim.
- You can claim for financial loss, psychiatric injury or both. Therefore, its important to assemble medical evidence showing injury. As well as any financial documents that show financial losses.
Is There A Data Breach Claim Time Limit?
When making a psychiatrist data breach claim, you must be aware that you only have a certain amount of time to begin legal proceedings.
For personal data breach claims, this time limit is generally up to 6 years. If you decide to work with a solicitor on your case, they can ensure that your claim is started within this time limit.
Contact a member of our advisory team today to disucss your case and see whether one of the solicitor’s on our panel could help you.
How Much Data Breach Compensation Could You Claim?
There are two types of harm that you could be compensated for if you make a successful psychiatrist data breach claim.
Non-material damage is the psychological harm caused or worsened by the personal data breach. You may have had pre-existing mental health issues that prompted you to see the psychiatrist in the first place. If anxiety due to the data breach created or worsened your illness, a value can be applied to this.
Those who calculate your compensation for your non-material damage may consult medical reports. They may also use documents like the Judicial College Guidelines (JCG) to arrive at a figure. This lists guideline bracket amounts for a variety of psychological injuries, and we included some of these in the table below.
Please note this is only a guideline. Claims vary based on the individual circumstances of each person. Also, we include a topline amount that is not from the JCG.
Compensation Guideline Brackets
| Type of Injury | How Severe? | Award Bracket Guidelines |
|---|---|---|
| Severe Psychiatric Harm and Material Damage Amounts | Severe | Up to £500,000 plus. |
| General Psychiatric/Psychological Harm | (a) Severe | £66,920 to £141,240 |
| (b) Moderately Severe | £23,270 to £66,920 | |
| (c) Moderate | £7,150 to £23,270 | |
| (d) Less Severe | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder (PTSD) | (a) Severe | £73,050 to £122,850 |
| (b) Moderately Severe | £28,250 to £73,050 | |
| (c) Moderate | £9,980 to £28,250 | |
| (d) Less Severe | £4,820 to £9,980 |
An award for material damage may also apply. This is the financial damage and loss caused by the personal data breach. To include a claim for monetary harm, documented evidence is necessary, such as:
- Payslips that indicate loss of income because of time off due to the data breach.
- Invoices for other counsellors fees.
- Bank statements for any relocation fees or paying for additional home security.
Collecting solid evidence is just one of the excellent services provided by the solicitors on our panel. Call now to see if they can handle your claim and get the best possible compensation for you.
Why Make A No Win No Fee Psychiatrist Data Breach Claim?
As mentioned, data breach compensation claims can be complex, but we are here to help. Rather than face the prospect alone, you could be eligible to work with one of the solicitors on our panel, provided you have a valid case. The solicitors on our panel can help you with various aspects of your claim, such as:
- They can help you collect evidence, such as medical reports.
- Send and receive important court documents on time.
- Accurately value the compensation owed.
At Public Interest Lawyers, we work with a panel of data breach solicitors who can offer eligible claimants a type of No Win No Fee agreement to start a viable claim. They often suggest a Conditional Fee Agreement (CFA) which has several distinct benefits.
There are no up-front service fees associated with using a CFA. Furthermore, no solicitors’ fees are sought for their ongoing services. In addition to this, no fees apply for solicitors’ services in the event that the claim is unsuccessful.
A percentage deduction from the compensation takes place if the claim wins. However, this is subject to a legal limit in terms of the size of the percentage. This ensures that the majority of the compensation goes directly to you.
Find out right now if you can start a claim. The team will go through a quick assessment over the phone and potentially connect you with a solicitor from our panel today:
- Call us on 0800 408 7825 to learn more.
- Contact us online.
- Use the live chat option below.
Learn More About Making Data Breach Compensation Claims
As well as information on how to claim for a psychiatrist data breach, these other guides offer additional help:
- This is our essential guide to data breach claims.
- Here, we look at some common causes of data breaches.
- This guide discusses what a breach of UK GDPR is and how to claim after one.
External resources:
- A guide on feelings and symptoms of stress from the NHS.
- Read why your data matters from the ICO.
- In conclusion, read about data protection from GOV.UK
We hope this guide about how to claim for a psychiatrist data breach has been of use. For further free guidance, connect with advisors.