Compensation for NHS records being hacked

You could be entitled to claim compensation for NHS records being hacked if your information has been misused or exposed as a result of a data breach in this kind of way.

For eligible clients, we can provide No Win, No Fee legal representation. As a firm, we are leading, specialist privacy compensation experts representing thousands of people whose personal information has been subject to data breaches, leaks and hacks.

You can speak to our team for free, no-obligation legal advice about starting a case here now.

When you can claim compensation for NHS records being hacked

Anyone who has been the victim of NHS records being hacked could be entitled to pursue compensation in accordance with the GDPR for any distress caused by the loss of control of personal information.

Whether the records were hacked from the NHS directly, or from outsourced companies, there may be a claim to make. Ultimately, succeeding with a claim usually comes down to answering the question as to whether some form of negligence has taken place. What this means is assessing whether more could have been done to have protected the information that was hacked. If more could have reasonably been done, that is when a claim could succeed. Examples could include where there is a lack of adequate cybersecurity, or where there has been a failure to patch known security vulnerabilities. Lots of cybersecurity events also have some form of human error linked to them, where a mistake by an employee has resulted in defences in place being weakened.

Anyone whose information has then been misused or exposed could be entitled to pursue a case, and you can speak to our team for free, no-obligation legal advice here now.

A recent incident showing the vulnerabilities

There have been many incidents of any NHS records being hacked in the past, and one such recent incident reportedly involved NHS and food company records systems being hacked. Reported in Brighton and Hove news, a teenager was reportedly spared jail after he apparently went a hacking spree, targeting luxury food delivery companies as well as the NHS. It is understood that the perpetrator managed to hack into GP patient records held by an NHS contractor.

The remarkable thing about this particular story, which is the reason as to why we have referenced it, is how seemingly easy it was for the person to hack into the records in question. The news article suggests that a simple Acer laptop was purchased, and the hacker was able to gain access to incredibly personal and sensitive information. This serves as an important reminder about the need to protect personal and sensitive information, given how simple it can be to steal information.

NHS data breach compensation

When it comes to claiming NHS data breach compensation, it is important to understand just how significant the distress can be in a case like this. We will usually value compensation claims based on the significance of any distress and loss suffered, and we will usually measure distress based on the nature of information affected, how much is involved, the context of the exposure, and the level of personal impact.

Medical data is afforded additional protection in accordance with the GDPR, and it is often known as “special category” information. This is because we have much more of an appetite to control who knows what about us when it comes to medical data, so this being exposed can cause incredible levels of distress. This can be reflected in a data breach compensation claim with valuations in some severe medical data breach cases reaching as far as the £25,000 mark, in some cases.

You can read more about data breach compensation pay-outs amounts in our advice page here.

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