When information is shared without consent

When information is shared without consent, the person whose data has been shared could be entitled to claim compensation, and we could pursue a case on a No Win, No Fee basis.

As a leading firm of consumer action and data breach compensation specialists, we represent thousands of clients for data breach claims. Many cases involve information being shared when it shouldn’t have been, so this is something that we’re used to representing people for.

If this has happened to you and you need our advice, here’s some guidance for you.

Claiming when information is shared without consent

When your information is shared without consent, the law can entitle you to claim compensation as this can be a breach of the GDPR. If the incident happened before the GDPR then it can still be a breach under the preceding Data Protection Act 1998.

Generally speaking, you are allowed to have control of your personal and private information. This means that you can decide who can have it and when you can provide it to people or organisations. You can also decide if you are happy for information you provide to an organisation to then be shared elsewhere. This is commonly managed by things like Privacy Policies and agreements you consent to that confirm how the information you provide will be used and shared.

In most scenarios, you must consent for your data to be shared. An easy example is healthcare data that you provide to your doctor, which you would expect to remain confidential. If your employer asks your doctor to share your medical information with them, you normally need to have consented to this. If you have not consented to your healthcare information being shared and it’s shared with a third-party, this could amount to a medical data breach compensation case.

There are some exceptions. Sometimes, healthcare data is shared between different NHS organisations, or even the authorities where there’s something like a threat or an alleged crime involved. During the current coronavirus pandemic, some organisations have been accused of breaking the law over data sharing. There are instances where organisations are stating that data needs to be shared because of the pandemic, which raises questions about whether the law can be applied in such a way.

In summary, if your data has been shared without good reason or authority and consent, this can be a breach of the law. This can entitle you to make a claim for data breach compensation.

How much could you receive?

How much a compensation claim could be worth when information is shared without consent will usually depend on the factors individual for your case.

These can include:

• The nature of the data that has been shared;
• How much information has been shared;
• Who the sharing has been with;
• Whether you could ever regain any control you previously had over the data;
• The personal impact on you.

Generally speaking, the more severe the impact is, the more a case could be worth. We can consider the factors above when we value a data breach compensation claim and negotiate a fair settlement based on elements like these.

When it comes to incredibly personal and sensitive data like medical information or sensitive domestic data, pay-outs can be substantial. It’s all about claiming damages for the loss of control of the personal data, which can be a very subjective thing.

Free, no-obligation advice

If your information is shared without consent, you can speak to our team today for free, no-obligation advice about your options for justice.

There are several ways you can get in touch with us via our contact page here.

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