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NHS Data Breach Compensation Claims Guide
Learn how expert solicitors could help you seek NHS data breach compensation following a security incident involving your personal information at your healthcare provider.
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NHS Data Breach Compensation Claims Guide
Learn how expert solicitors could help you seek NHS data breach compensation following a security incident involving your personal information at your healthcare provider.
NHS Data Breach Compensation Calculator
This guide examines all the important aspects of claiming NHS data breach compensation following a security incident that impacts your personal data. We expect our health information as well as other personal details to be kept secure by the NHS and when that doesn’t occur, the impacts can be severe.
We explain how the Information Commissioner’s Office (ICO) works to uphold your information rights as well as the eligibility requirements to start a claim. JF Law also operates a 24/7 advisory service so you can reach our team at a time that suits you.
Key Takeaways
- The ICO defines personal data as any information that can be used to identify living individuals through both direct and indirect means.
- As an organisation that holds, uses and processes the personal data of employees, patients and external partners, the NHS has a legal obligation to keep that personal information safe.
- A lot of this personal information will be health data which requires higher levels of protection due to its more sensitive nature.
- Compensation in data breach claims may be awarded for both financial and psychological damage.
- JF Law’s highly experienced solicitors can offer their services to eligible claimants under a specific type of No Win No Fee contract called a Conditional Fee Agreement (CFA).
You can find out if you are eligible to work with one of our data breach specialists by speaking to a member of our advisory team. As well as providing a free assessment, they can also answer any questions you might have and provide additional information about the claims process.
Get in touch with us today using the contact information given here:
- Call us on 0151 375 9916.
- Contact us online today.
Can I Make A Claim For NHS Data Breach Compensation?
Yes, you could claim NHS data breach compensation if you can prove that your personal information was affected by a failure to uphold data protection law.
Before we get into that, however, there are 3 relevant parties to personal data breach incidents.
- A data controller is the organisation that decides when, why and how your personal data will be processed. For the purposes of our guide, the data controller is the NHS.
- Data processors are external organisations that process data on behalf of data controllers. We should point out that not every data controller will use external processing and may choose to complete such tasks themselves.
- Data subjects are living individuals who can be identified from the personal data.
A data controller, as well as any processing service they use, must comply with both the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
You will need to satisfy the following criteria to be eligible to claim data breach compensation:
- There was some wrongful conduct from either the data processor or the data controller.
- This wrongful conduct resulted in a personal data breach that affected your personal information.
- You suffered a monetary loss, psychiatric injury or both because of this.
You can get in touch with our advisory team today for a free eligibility assessment. Our advisors are available 24 hours a day using the contact information given above.
How Much Compensation Could I Claim For An NHS Data Breach?
As we said above, data breach compensation can be paid out for both psychiatric and financial harm, potentially reaching 10s of thousands of pounds. The financial losses stemming from a personal data breach are described as material damage, and we’ll look at these losses in greater detail in the next section.
Psychological harm, ranging from minor impacts, such as minor anxiety, to severe Post-traumatic Stress Disorder in the most serious cases, is referred to as non-material damage. Some non-material damage payout figures have been set out in the table here. These numbers were taken from the Judicial College Guidelines (JCG), a publication solicitors use to help determine compensation values.
Compensation Table
Please note that the top entry was not taken from the JCG. This information has been included to serve as guidance only.
| Type of Harm | Severity | Guideline Payout Figure | Notes |
|---|---|---|---|
| Very Serious Psychiatric Injury with Material Damage | Very Serious | Up to £500,000 + | Very serious psychological distress with material damage including lost earnings, medical bills and security costs. |
| General Psychiatric Harm | Severe (a) | £66,920 to £141,240 | Marked problems relating to ability to cope with work, social life and education with a very poor prognosis. |
| Moderately Severe (b) | £23,270 to £66,920 | The prognosis is more optimistic but significant problems with regard to coping with daily and personal relationships are present. | |
| Moderate (c) | £7,150 to £23,270 | A marked improvement in the affected person’s condition with a positive prognosis. | |
| Less Severe (d) | £1,880 to £7,150 | Payouts in this bracket depend on the impacts on sleep and daily activities, as well as the length of disability period. | |
| Post-Traumatic Stress Disorder | Severe (a) | £73,050 to £122,850 | Permanent and very bad effects on the injured person’s daily life preventing anything close to their pre-trauma functionality. |
| Moderately Severe (b) | £28,250 to £73,050 | Significant disability for the foreseeable future despite a better prognosis than in (a). | |
| Moderate (c) | £9,980 to £28,250 | Cases where the recovery is largely complete without any grossly disabling continuing effects. | |
| Less Severe (d) | £4,820 to £9,980 | Virtual recovery within 2 years and only minor persisting symptoms. |
Material Damage In NHS Data Breach Compensation Claims
Material damage awarded in data breach claims can be significant due to the sensitivity of certain personal data the NHS holds. The exposure of this can have significant knock-on effects on your daily life. We’ve summarised the costs you could be reimbursed for as part of your compensation payout here:
- Loss of earnings due to time taken off work to recover from psychiatric injury.
- Medical expenses, for example, counselling or talking therapy, prescriptions and other treatments.
- Security installations, or even relocation costs, if your address has been compromised and your personal safety is at risk.
You can learn more about claiming in your specific circumstances by speaking to a member of our advisory team. As well as providing answers to any questions you might have, they can assess your eligibility to claim NHS data breach compensation for free. Talk to us today using the details provided below.
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What Could Lead To A Breach Of NHS Data?
Circumstances such as a lack of information security training, failures to update software and lost and stolen devices could all lead to a breach of NHS data. A few hypothetical scenarios where personal data could be breached in an NHS hospital or clinic have been included here:
- A lack of sufficient training at your local NHS hospital meant staff did not escalate a suspected personal data breach incident. This led to the medical records as well as contact details of several patients, including yours, being exposed.
- Inadequate cyber security software at an NHS clinic resulted in your patient record being exposed in a cyber attack.
- A member of the medical staff left a laptop on a train. That laptop contained the unsecured medical records of several patients, enabling unauthorised persons to gain access to them.
There are, of course, several other ways in which a personal data breach could occur. So we haven’t covered your precise circumstances above, don’t worry, you could very much still be able to claim. Get your free assessment today by speaking to one of our advisors.
What Types Of Information Will The NHS Hold?
The NHS holds a huge range of personal information in order to provide patients with health services and contact them as and when they need to.
Some examples of personal data an NHS service provider could hold include:
- Your name.
- Your postal address.
- Contact information such as your email and phone number
- Bank or credit card data for prescriptions or other billing.
Special Category Data
The UK GDPR also covers “special category data.” This is personal information that is more sensitive and therefore requires higher standards of protection. This includes data relating to health, your sexual orientation and sex life, genetic information and data relating to your racial or ethnic origin.
You can inquire further about NHS data breach compensation by speaking to one of our advisors. Talk to us today using the details provided below.
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Recent NHS Data Breaches Examples
There have been a few recent examples of NHS data breaches. We have summarised a few of these incidents below. If your personal information has been affected in one of these, or any other security incident, speak to our advisors about claiming data breach compensation today.
Recent examples of NHS data breaches:
- The Synnovis Cyber Incident: on June 3rd of this year, the Synnovis pathology lab, a laboratory that processes blood tests for various NHS organisations, was victim of a cyber attack. Personal information such as patient names, NHS numbers and their test codes (which identify the nature of the test) may have been exposed.
- Advanced Computer Software Group: a data processor was fined £3m earlier this year after security failings resulted in the personal information of 79,404 people at risk. As well as phone numbers of medical records, details of how to access the homes of 890 people receiving at-home care were also compromised.
- NHS Dumfries and Galloway: another cyber attack incident that was detected in March 2024. Large volumes of personal data from both patients and staff were accessed in this significant data breach at work. The records of 6 patients were published as a so-called “proof pack” by the cyber criminals. Significantly larger amounts of this personal data were later published by the ransomware group.
To find out more about claiming compensation, call the number below at a time that suits you to speak with a member of our team.
Sources:
https://www.england.nhs.uk/synnovis-cyber-incident/
https://www.bbc.co.uk/news/articles/cp3yv1zxn94o
https://www.nhsdg.co.uk/cyberattack/
NHS Data Breach Statistics
These NHS data breach statistics are the results of our own investigations and reveal that there have been a number of data security incidents over the last 5 years.
Our research has shown that:
- Between 2020/21 and 2024/25 there were a total of 838 settled claims against NHS trusts for personal data breaches.
- A total sum of £3,234,910 in compensation was paid out, with an average figure of £3,860.
- This year, 2024/25, saw 288 new data breach compensation claims made against various NHS Trusts.
- In that same year, 106 NHS organisations had at least one successful claim made against them. These claims have resulted in £897,132 in damages being paid to claimants.
- Across the five financial years from 2020/21 to 2024/25, the total cost to the NHS, which includes legal fees and the claimants’ costs as well as damages, was £10,536,993.
You can inquire further about these figures and learn more about making a personal data breach claim against an NHS organisation by speaking to our advisors today.
Is It Ethical To Make A Data Breach Claim Against The NHS?
It is most certainly ethical to make a data claim against the NHS if the trust or service provider has failed to uphold their legal obligations under the UK GDPR. We understand that many people may have concerns about affecting healthcare services if they claim against the NHS. We want to reassure you that this will not be the case.
Claims against an NHS hospital or clinic are dealt with by NHS Resolution. This arm’s length body of the Department of Health has an entirely separate budget from the funds allocated to health services. What this means is that any successful claim will not take money from NHS services.
If you have other questions about claiming compensation for a personal data breach, talk to our advisors today.
How Can I Make An NHS Data Breach Compensation Claim?
In order to make a compensation claim for a breach of personal data, including a claim for NHS data breach compensation, you will need to provide a strong body of supporting evidence that shows the data breach was the result of wrongful conduct, and that you suffered financial loss, psychological injury, or both.
Evidence that can be used in data breach claims against a medical provider includes:
- The data breach notification letter from the controller informing you that a personal data breach has occurred and that your personal data has been impacted.
- Any other correspondence from the data controller regarding what happened.
- Medical records of any professional diagnosis of psychological injury.
- Bank statements, payslips and other documents showing what financial losses you have incurred.
No Win No Fee Data Breach Claims
No Win No Fee data breach claims greatly benefit the claimant as you do not pay a solicitor fee unless the claim is won. Our expert solicitors can offer eligible claimants their services under a particular type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
A CFA brings a number of advantages over other types of contracts such as:
- No solicitor fees to pay at the start of the claim.
- There are also no such fees during the actual claims process.
- If the claim fails, you will not be paying any solicitor fees.
- The only solicitor fee that is paid is if the claim is won, this is known as a success fee.
The maximum percentage that can be charged as a success fee is capped at 25% by The Conditional Fee Agreements Order 2013. This means the majority of your compensation payout is yours to keep.
Contact Our Specialist Data Breach Solicitors
You can find out if you are eligible to work with one of our specialist data breach solicitors by contacting our advisors. As well as providing a free assessment, they can also answer any questions you might have and provide additional information about the claims process.
Get in touch with us today via the details given below:
- Call us on 0151 375 9916.
- Contact us online today.
Frequently Asked Questions
We have given answers to a few frequently asked questions here. Of course, to make specific inquiries about your particular circumstances, you can get in touch with our advisory team.
Who Are NHS Data Breaches Reported To?
NHS data breaches must be reported to the ICO within 72 hours if the rights and freedoms of the data subjects have been put at risk. A data subject can report an organisation to the ICO themselves, if they believe their concerns are not being addressed.
How Do I Complain About An NHS Data Breach?
The ICO advises you to complain directly to the organisation and see if your concerns can be resolved. If you do not get a meaningful response within 3 months, or are dissatisfied with the response you receive, you can report the data controller to the ICO.
Can I Claim Against The NHS For A Confidentiality Breach?
You could claim against the NHS for a confidentiality breach. An unauthorised disclosure of your personal data could constitute a breach of the UK GDPR so to find out more about claiming in this scenario, talk to a member of our team.
More Information
You can read some of our other guides to data breach claims here:
- See if you could claim for bank data breach compensation with this guide.
- Read our guidance on seeking council data breach compensation on our website.
- As we said above, a personal data breach can be very distressing. Learn more about making a psychological injury claim by clicking here.
We have also included a few external resources for more information:
- The NHS has published this guidance on stress, its symptoms and accessing further support.
- Read the guidance for individuals and families from the National Cyber Security Centre.
- Find out more about when to report a data breach with this resource from The Law Society.
We appreciate the time you took to read our medical data breach claims guide. For answers to your questions about NHS data breach compensation, or a free eligibility consultation, contact our advisors today using the details given above.
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