This guide will explore the steps you could take should a data breach by Spire Healthcare occur. In cases where your personal data has been breached as a result of an organisation’s wrongful conduct, you may be able to claim. However, you must have suffered damage to your finances and/or psychological harm as a result.
As per data breach law, organisations must take reasonable steps to protect the personal data they hold for you.
The UK General Data Protection Regulation (UK GDPR) and a version of the Data Protection Act 2018 that was updated after the UK left the European Union outline the responsibilities organisations have when processing your personal data.
If they fail to comply with these pieces of legislation, they could face investigation from the Information Commissioner’s Office (ICO) as well as enforcement action such as monetary fines. Additionally, you could seek compensation for the ways in which the personal data breach has affected you.
For more information on data breach claims, please continue reading. Alternatively, you can get in touch with our team if you have any questions. You can:
- Call us on 0800 073 8801.
- Speak with an advisor using the live chat function below.
- Use our online contact form to request a callback.
Select A Section:
- Claims Against Spire Healthcare For A Personal Data Breach
- Medical Data A Healthcare Company Could Hold About You
- What Could A Spire Healthcare Data Breach Be?
- What Should A Healthcare Provider Do If They Have Had A Medical Data Breach?
- Examples Of Action Taken By The ICO Against Healthcare Organisations
- When Could You Claim For A UK GDPR Data Breach By A Healthcare Company?
- What Steps Should I Take If A Spire Healthcare Data Breach Occurs?
- Types Of Damages Awarded For Healthcare Data Breaches
- Calculating Claims For Compensation Against A Private Healthcare Provider
- No Win No Fee Solicitors For A Spire Healthcare Data Breach
- Talk To An Advisor
- FAQs On Healthcare Data Protection And The UK GDPR
- Related Guides
In this guide, we have aimed to cover the information you need regarding what a private healthcare provider data breach is and how incidents that breach your personal data could occur.
Additionally, we have provided guidance on the steps you could take should an incident like this take place. For example, we’ll look at the process of gathering evidence to build a strong claim and seeking legal advice from an experienced data breach solicitor to help you through the claims process.
We understand that having your personal data breached due to the wrongful conduct of an organisation can cause several consequences. For instance, you may have been impacted both financially and psychologically, or in either way independently. This guide could help by exploring what your settlement may comprise following a successful claim and how it’s calculated.
Please remember you can call us at any point to discuss your potential claim. Alternatively, an advisor can discuss the steps you could take if a data breach by Spire Healthcare were to take place.
Data Breach Time Limits
There is a time limit that you should be aware of if you’re considering putting forward a personal data breach claim. If you’re claiming against a public body, you will have one year to launch your claim. Against all other organisations, the time limit is 6 years.
For more information on the time limits in place for claiming following a data breach, get in touch with our team.
There are various types of data that an organisation could hold about you. For instance, there is data that could be used to directly identify you, such as your name and email address. Any data that can be used to identify you is classed as personal data.
However, there are other forms of data that could be used to identify you indirectly if it’s combined with other data that could directly identify you. For example, your telephone number, IP address and postal address. This is still classed as personal data because it can be used to identify you when combined with other information.
Additionally, a healthcare organisation, such as a pharmacy or hospital, may hold special category data which needs more protection due to its sensitive nature. Examples of this could include:
- Data about your health
- Data about your sexuality
- Genetic data
You may have evidence that an organisation has failed to properly protect the personal data they hold about you; if so, get in touch with our team on the number above. They can discuss your next steps.
Section 4 of the UK GDPR defines a personal data breach as a security breach that has led to your personal data being accidentally or unlawfully destroyed, lost, altered, accessed or disclosed without authorisation.
This could occur by way of a physical or digital breach. Examples of factors that could cause a breach include:
- Poor cyber security: An organisation may have failed to ensure they have updated security measures in place. As a result, your personal data may have been taken in a ransomware attack.
- Human error: A member of staff may have sent an email containing sensitive information regarding someone’s health to an unauthorised person.
- Lack of training: An organisation may have failed to adequately train staff on the importance of complying with data protection law. As a result, a member of staff may have failed to correctly dispose of paper copies containing someone’s financial details, resulting in someone accessing them without the authorisation to do so.
To find out more about the options available to you should a Spire Healthcare data breach take place, please get in touch using the number at the top of the page.
If a Spire Healthcare data breach or a data breach involving another healthcare provider were to occur, there are certain steps the organisation would need to take. For example, they must:
- Notify the ICO within 72 hours if an individual’s freedoms and rights have been affected
- Notify the individual whose personal data has been compromised without undue delay
You could also notify the ICO if you have evidence that your personal data has been breached due to an organisation’s wrongful conduct. They may decide to investigate the incident further.
The ICO recently fined Domestic Support Limited £18,000. This is a company that provides personal and dementia care. According to the ICO, they were fined for making around 69,000 unsolicited calls for direct marketing purposes as well as failing to provide the necessary caller information.
In addition, the ICO has taken action against the following organisations:
- The Cabinet Office: The ICO fined the Cabinet Office after they disclosed the postal addresses of the New Year Honours recipients. The ICO’s investigation found that technical and organisational measures hadn’t been put in place to prevent an incident such as this.
- Ticketmaster: They were fined £1.25 million for failing to protect customers’ payment details.
- Experian Limited: The ICO has issued an enforcement order for Experian Limited to make fundamental changes to the way they handle personal data within their direct marketing services.
You have the right to make a data breach claim and seek compensation if you can prove that your personal data was breached as a result of an organisation’s wrongful conduct. In addition, you must have suffered psychological harm and/or financial damage.
Additionally, as per data protection law, you have rights when it comes to how your personal data is used. For example, in many cases, you have the right to:
- Be informed about the use and collection of your personal data
- Request access to your personal data
- Have your personal data corrected if it’s not correct
If you have evidence that an organisation has failed to uphold your rights and freedoms, and you suffered because of a data breach that happened as a result, please get in touch with our team to discuss your potential options.
If you intend to make a claim for the impact of a personal data breach, you can gather and submit evidence to support your claim. Examples of the evidence you could obtain might include:
- Medical records: If you have experienced a severe impact on your mental health due to the personal data breach, you may be required to attend an additional medical appointment that’s completed independently of your claim. This can provide an extensive report on the nature of your condition and how likely it is to affect you in the future. You can use this report as evidence when seeking compensation for the data breach distress you have experienced.
- Financial documentation: In some cases, you may have experienced a financial impact as a result of the personal data breach. For example, your credit card details may have been stolen leading to loans being taken out in your name. Alternatively, you may have needed time off work to recover from any stress or anxiety leading you to lose income. Documentation such as credit card statements or payslips can help to prove any losses.
- Records of communication: This could include copies of any contact you have had with the organisation making you aware of the breach, or you raising your concerns with them about the way they’ve handled your data. It could also include any communication you have had with the ICO, including their findings to any investigations they have conducted.
One of our experienced data breach solicitors could help you with this, provided you have a valid claim. If you’d like to find out how you could work with one of our solicitors, get in touch.
There are two heads of claim that you may be awarded following a successful personal data breach claim. The first is material damages which compensate for the financial impact the breach has had on you. For instance, if you have experienced a loss of earnings due to needing time off work to recover from the stress caused by the breach, you could claim these back under material damages.
The second is non-material damages which compensate for the psychological harm you experienced as a result of the breach. For example, you may have developed a moderate case of post-traumatic stress disorder due to the incident that caused your personal data to become compromised. As such, you could receive compensation for the way it has impacted your quality of life.
It’s important to note that you don’t need to have experienced any financial damage in order to claim compensation for any psychological harm. However, you must have sufficient evidence when putting forward your claim such as medical records, payslips or bank statements.
Should a Spire Healthcare data breach occur, you can get in touch with our team. They can advise further on the steps you could take including the evidence you can build up.
These include bracket compensation amounts corresponding to several types of psychological injuries. We have included these figures in the table below.
|Type of Harm
|Guideline Compensation Bracket
|(a) Severe Psychiatric Damage: The person has issues coping with all aspects of life and a poor prognosis
|£54,830 to £115,730
|(b) Moderately Severe Psychiatric Damage: The person will have significant problems including an impact on their relationships and other aspects of their life. However, there will be a better prognosis than in more severe cases.
|£19,070 to £54,830
|(c) Moderate Psychiatric Damage: The person will have demonstrated a marked improvement and their future prognosis will be good.
|£5,860 to £19,070
|(d) Less Severe Psychiatric Damage: There will be consideration given to how long the person was affected.
|£1,540 to £5,860
|(a) Severe PTSD: The person will have permanent effects and cannot live the same way they did previously.
|£59,860 to £100,670
|(b) Moderately Severe PTSD: The person will have a better prognosis than more severe cases as a result of receiving professional help.
|£23,150 to £59,860
|(c) Moderate PTSD: The person will have made a mostly full recovery with some less disabling effects continuing.
|£8,180 to £23,150
|(d) Less Severe PTSD: The person will have mostly made a full recovery within two years.
|£3,950 to £8,180
Please note you should only use these as a guide because legal professionals will consider other factors when valuing your claim. For example, they may use medical evidence alongside the guidelines to assess the severity of your condition and any future impact it may have on your quality of life.
If you can’t see your injury listed, please get in touch for a free valuation of your data breach compensation claim.
If you’re looking to hire legal representation, you may wish to consider the option of working with one of our solicitors. They offer their services on a No Win No Fee basis and often work under a Conditional Fee Agreement. This means you won’t have to pay upfront fees or ongoing costs while your claim proceeds.
As part of the agreement you sign, if your claim wins, you will pay a success fee from your compensation. However, the fee is subject to a legal cap. Additionally, the agreement you sign will outline what the fee covers and how it works.
If your claim is unsuccessful, you won’t be required to pay this success fee to your solicitor.
We hope this guide on the steps you can take should a Spire Healthcare data breach occur has helped. However, if you require further clarification on anything of which you’re still unsure, our team can help.
They can answer any questions you have and can assess your claim to determine whether it’s valid. If it is, they could assign one of our experienced solicitors to start working on your case.
For more information, please get in touch using the details below:
- Telephone: 0800 073 8801.
- Live chat: Speak with an advisor using the live chat function below.
- Online form: Use our online contact form to request a callback.
In this section, we have provided answers to some frequently asked questions regarding data breach claims.
How do you manage a healthcare data breach?
There are several steps you may need to take. This could include contacting the organisation responsible for the breach of your personal data. Additionally, you could contact the ICO. They may investigate the incident.
What are the consequences of a medical record breach?
There are various ways a data breach could affect you, such as financially and psychologically.
Below, we have provided some additional resources you may find helpful.
- What Are My Rights After A GP Surgery Data Breach?
- Medical Data Breach
- What Are My Rights After An NHS Data Breach?
- ICO – Your Data Matters
- GOV – Find Out What Data An Organisation Has About You
- NSCS – 10 Steps To Cyber Security
We hope this guide has helped. However, for more information on the steps you could take should a Spire Healthcare data breach occur, get in touch.
Guide by MW
Edited by MM/FS