01482 778 463

We're here to help 01482 778 463

CLAIM ONLINE
Hudgell Solicitors™ | Latest News | Data protection breaches could be a case for compensation

Data protection breaches could be a case for compensation

By Andy Petherbridge, Associate of Chartered Institute of Legal Executives, Hudgell Solicitors

Handing over our personal details to third parties is now part and parcel of day-to-day life.

As individuals, we are increasingly asked to share our private and sensitive information with lots of different organisations, which we know will be entered into an extensive database and kept on record, possibly forever.

It’s commonplace in modern society, and although a large number of people object to the ever-increasing ‘big brother’ approach, most of us reluctantly agree to share our personal details in the belief and understanding that they will only be used by those we agree to give them to, and that the information will be strictly protected at all times.

Unfortunately, that is not always the case, and where personal or sensitive information gets into the wrong hands, there can be very serious and damaging consequences.

There has been a number of cases in recent times which have been highlighted in the national media, where personal details have been mistakenly exposed to others. At times the information has been accessed through computer systems being hacked, but on other occasions, simple human error has allowed personal information to be exposed.

Just the week, the NHS had to send a letter of apology to more than 3,000 patients after a computer memory stick containing their personal information was found by a member of the public.

East Sussex NHS Trust said the memory stick had been left by a member of staff near a trust building. All information contained on it had not been protected by a password.

The trust, of course, said it took the issue of data security “extremely seriously” and fully apologised for the error, saying it was an “isolated incident”. But that is too little, too late. The data has been exposed.

Patients affected have already spoken of their worry, as information such as credit card details are highly sought after by gangs of organised criminals, who are willing to pay large amounts of money to get their hands on such information.

It could also have put all those people with details on the memory stick at of people using their information to commit identity fraud.

Of course, data held by a health trust is sensitive because of its very personal nature, whilst other types are sensitive because of what might happen if it is misused, such as bank account details.

Other incidents could include personal correspondence being posted to a wrong address in error by an organisation, with the information contained inside compromising the individual’s privacy, or even their standing in the local community.

Imagine being wrongly accused of a crime, and a legal letter relating to that false allegation then being sent to a number of your neighbours.

Our experts at Hudgell Solicitors have already been contacted by some victims of this error by East Sussex Healthcare NHS Trust, as the victims have been seeking legal advice on their position and what action they can take.

Compensation can be claimed for breaches of the Data Protection Act for any distress suffered, or if a person has suffered damage as a result of the data breach.

Steps should always be taken to and reach an agreement with the organisation involved, before taking any matters to court, and that is where our team can help those who believe they may have a claim in advising and supporting through those negotiations.

There are no guidelines about levels of compensation for a claim under the Data Protection Act, but like any compensation claim, it will reflect the seriousness of the breach and the impact it has on the victim.

Should you feel you may have a case to claim compensation, our team is able to provide free initial advice and guidance.

 

1 Comment

1 Comment

    Lynn dunbar says:

    I am looking to claim compensation for a data protection breach, whereby my very sensitive information was sent to a neighbour who opened it, the information contained very detailed medical reports. Can you help? Especially after the Vidal-hall v Google ruling?

Leave a Reply

*Required

Request a callback

Request a callback from a solicitor

 I am an existing client.









What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hiya you work real good for me I'm …

"Hiya you work real good for me I'm happy for you do for me and… "

Ms Anne Ollier

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service. I have been kept informed every step of the way. When I have… "

maggie ackroyd

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service, the Solicitor kept me informed on all progress with regular phone calls and… "

Miss Rebecca Shaw

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Would 100% recommend and use again

"Whilst having to deal with a difficult company who was denying I ever worked for… "

Danny Morfitt

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Fantastic service from beginning to …

"Fantastic service from beginning to end. Cant really say much more than that."

Craig

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

My case

"I have always found your service very good,always up to date with what was going… "

Miss Julie johnson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great service

"Great service, friendly and hard working staff"

Mr Mohamed Jaouadi

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent customer care

"Once my claim was accepted I was kept informed throughout the negotiating process very professional… "

Mr Terence John Casey

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent Company

"Fast, friendly and honest service. Could not be happier with how my claim was handled… "

Miss Stacie King

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very prompt along every step of the way

"Very prompt along every step of the way"

Miss Rachel Victoria Joseph

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service. Regular updates on my case and felt they had my best interests in… "

Mr Paul Hewson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell's have been very sensitive and …

"Hudgell's have been very sensitive and thorough with their support of me in my case.… "

Mrs Lisa Russell

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

excellent

"made my claim so easy and straight forward kept me updated and organised everything thank… "

Miss Sian Clarke

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Highly Recommend

"Cannot recommend enough. Informative all the way through and always honest. Never a problem to… "

Miss P

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent I would recommend to anyone

"Excellent ,Very happy with the out come ,will use this company again."

Mr Darren Paul Greaves

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent friendly service

"I always felt Samantha was working for me, all my questions were answered in a… "

Tony Squires

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very happy

"My case was dealt with very well and I was kept upto date with everything… "

Mr Glen Harrison

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Medical Negligence Claim

"My claim was initially lodged with a firm of solicitors but was later transferred to… "

Mr. Shepherd

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Professional and caring.

"I find them helpful and honest.I would definitely recommend them."

Mr Michael Grundy

Rated 9.2 out of 10 based on 290 reviews

Powered by Trustpilot

© 2017 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90