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BUPA Healthcare Data Breach Compensation Claims Guide – How Much Compensation Can I Claim? – Amounts For BUPA Healthcare Data Breach
How To Claim If Your Medical Data Privacy Was Breached By BUPA
Welcome to our guide to BUPA data breach claims. When you visit a medical professional, such as a dentist, your GP or even a pharmacy, you expect your information to be stored safely. After all, your personal file will include extremely private information, such as your home address, contact information, and maybe even bank details
Therefore, it would be fair to state that one of the last things you may suspect is for your data to be breached. However, if you have been affected by a BUPA data breach, then you might question whether you could take legal action and seek compensation.
Within this guide, we are going to outline how a lawyer could assist you in seeking compensation for a BUPA data breach. However, in the meantime, if you have any questions, please contact our team via 0800 073 8804.
Select A Section
- A Guide To Medical Data Breach Claims Against BUPA
- What Is A Medical Data Breach Claim Against BUPA?
- Applying The GDPR To Medical Data Privacy
- How Healthcare Providers Could Breach Your Data Privacy
- ICO Fines For Data Losses And Breaches By BUPA Healthcare
- Reporting A Healthcare Data Breach To The Information Commissioner’s Office
- What Could Be Claimed If Your Data Privacy Has Been Breached?
- Calculating Healthcare Medical Data Breach Compensation
- No Win No Fee Medical Data Breach Claims Against BUPA
- How To Find A Specialist Lawyer
- Talk To Our Team
- Quick Medical Claims Resources
A Guide To Medical Data Breach Claims Against BUPA
Every time that you sign up for a new medical service, book an appointment or simply collect medication, you mostly see boxes that you have to tick. By ticking these boxes the organization gains confirmation to use and store your personal data. In doing so, the company in question is then obligated by law to store your data safely.
When a company asks you for personal information, they are required to adhere to their duties and safely store the data. However, as we progress through this guide, we will outline the various ways in which a BUPA data breach could be caused, and what implications it could prompt.
Below, we will tackle some of the most important questions regarding the claims process, such as:
- Does BUPA store data safely?
- What happens when cybersecurity is breached?
- If my personal data has been non-consensually used or leaked, could I take legal action?
- Could I receive compensation for any financial losses I’ve experienced?
- Would my claim be handled under a No Win No Fee agreement?
Once you have read this guide, you should have a well-informed outlook regarding data breach claims. More importantly, you will understand how a lawyer could offer to handle your claim should you choose to pursue a compensation claim after a BUPA data breach.
However, please note that if your circumstances are not mentioned within this guide, please do not worry. Simply reach out and speak to one of our advisers using the number at the top of the page.
Time Limitation Periods
In most cases, those affected by a data breach have 6-years to submit their claim from the date they obtained knowledge of the breach. However, please note that the claim could be reduced to a single year if it involves any form of human rights breach. Therefore, it is integral to your potential claim to speak with an adviser as soon as possible.
What Is A Medical Data Breach Claim Against BUPA?
A data breach is where your personal information is non-consensually exposed, shared, lost or leaked. For instance, the information that could be leaked may include:
- Telephone number
- Online activity
- Home address
- Email address
- Date of birth
- Name
- Username & password
- Bank details
To have this information exposed may not just cause financial hardship, but stress and anxiety too. In some circumstances, a data breach might be deliberate, illegal, or it could be an unfortunate, yet devastating accident.
Data breaches are not always digital errors, as physical documentation such as letters with identifiable information may be posted to the wrong address. In both cases, a compensation claim could be a suitable course of action.
Throughout the remainder of this guide, we are going to provide impartial advice on what you could do in the event a BUPA data breach occurs. However, should you have any questions or if you’d like to discuss your claim further, please contact our claims team.
Applying The GDPR To Medical Data Privacy
Ever since the introduction of the General Data Protection Regulation (also referred to as the GDPR), the rules and regulations surrounding data protection have developed and been expanded. The GDPR was enacted into UK law by the Data Protection Act 2018 and in return, it bestowed a duty onto those who collect, process and store data.
For instance, the GDPR sets out responsibilities that organisations are required to follow depending on their role. Some key definitions include:
- The Data Controller — this is someone that determines the purposes for which your data is processed. E.g, the company in question may determine why and how personal data is processed.
- The Data Processor — the processors act on behalf of the relevant controller.
- A data subject — this is the individual whose information is being collected and processed.
The GDPR also outlines some important data principles, such as:
- Any information must be stored safely and kept up to date.
- Data controllers must show that they are following data principles.
- When processing data, only the minimum is expected to fulfil the requirements for it to be processed.
- When processing data, it must be fair, legal and completely secure and confidential.
If you believe that an organisation has leaked your data, then please speak to one of our advisers. Here at Legal Expert, we could connect those who can show that they’ve been affected by a BUPA data breach to a lawyer who could handle their case.
How Healthcare Providers Could Breach Your Data Privacy
Regardless of whether you are going for a routine check-up dental treatment, or simply to collect a repeat prescription, when visiting a private medical practitioner such as BUPA, you rightfully expect your personal information to be stored securely.
Unfortunately, there are circumstances where a BUPA data breach could occur, and in return, your confidential information could be leaked. When discussing data breaches, it is important to acknowledge the numerous potential causes, such as:
- Printed documents with your data could be thrown away rather than being shredded or correctly disposed of.
- A computer screen may be left open, which could result in unauthorized parties accessing the data.
- An organisation’s computer system could be attacked by hackers or viruses.
- If a company were to share your data without your consent.
There are numerous ways to discover how a breach has occurred, such as:
- An internal audit could identify the issue.
- A patient could realise their personal information has been illegally used.
- When a member of the public outlines that they are in possession of someone else’s personal documents — such as a letter with the wrong data.
As always one of our advisers would be more than happy to speak with you if you can evidence that a BUPA data breach has resulted in your personal information being compromised. By speaking with one of our advisers, they can offer free legal advice and outline whether a data breach lawyer could take on your claim under a No Win No Fee agreement.
ICO Fines For Data Losses And Breaches By BUPA Healthcare
The Information Commissioner’s Office (ICO) could fine a company if they fail to adhere to its legal obligations in relation to data security. In serious cases, the fine can be up to 4% of the company’s turnover or 20 million euros.
Within this section of the guide, we are going to look at data breaches in the medical industry in more depth by discussing two case studies.
Babylon Health
A customer had to inform the ICO of a data breach that had occurred involving its app. The app in question allowed patients to engage in video consultations with their GP. However, in the breach, 3 patients could see video links to consultations involving other patients that were logged into the app, essentially exposing private one-on-one meetings and breaching the patient/doctor confidentiality clause.
The company in question, Babylon Health, acted quickly in order to secure the fault that had happened—which was a software error. After following the self-referral measures to the ICO, the company was provided with advice and measures to take following the breach.
Of the 3 patients that receive the link to the videos, only 1 patient had viewed the confidential material.
Source: https://www.digitalhealth.net/2020/06/babylon-admits-software-error-led-to-data-breach-of-gp-at-hand/
BUPA Health
BUPA had to alert customers who held international health insurance that an employee had copied their information from the company’s computer system and offered it for sale on the dark web.
The incident in question resulted in the removal of names, dates of birth, nationalities, and some contact information of an estimated 108,000 customers. BUPA made it apparent that no financial documentation or data had been leaked and sincerely apologised to its customers.
Following BUPA’s own investigation, the member of staff was dismissed from the company, and BUPA took legal action against them. BUPA received 198 complaints about the incident and was fined £175,000 by the ICO for failing to implement effective security measures.
If you’ve been impacted by a healthcare data breach, get in touch with our team for free legal advice on your situation.
Reporting A Healthcare Data Breach To The Information Commissioner’s Office
You may question whether you should report a healthcare digital data breach to the ICO. If you choose to pursue a compensation claim for a data breach, then you will be required to provide evidence to support your case. And a useful piece of evidence could be the findings of such an investigation.
For instance, you could complain to BUPA directly regarding the breach. In many cases, businesses will conduct a private investigation into the matter to help determine whether a violation has occurred, how it was caused, and what information was leaked. Upon the investigation’s completion, you should be fully informed. However, if you’re left unsatisfied with the findings of the investigation, then your complaint can be escalated.
Granted you have followed all escalation procedures and nothing has been done, the ICO could step in to support you. However, you must not have had contact with the business (in this case, BUPA) for over 3-months. Please note that although the ICO can issue fines when a company fails to adhere to data protection laws, they cannot award you compensation.
Therefore, if you are seeking any form of compensation for a BUPA data breach, then please speak to one of our advisers. Here at Legal Expert, we can help those seeking compensation. One of our advisers could offer you free legal advice, answer any questions you may have, and help you kick-start your claim today.
What Could Be Claimed If Your Data Privacy Has Been Breached?
Should you wish to pursue a BUPA data breach claim, it’s important to be aware of what you can claim for. The Data Protection Act 2018 and the GDPR both state that it’s possible to be be compensated for the damage caused by the breach, and defines damage as:
- Material Damage – used to compensate the victim of any financial losses, both past and future.
- Non-Material Damage – used to compensate the victim for any psychological trauma, such as stress, anxiety and conditions like post-traumatic stress disorder (PTSD).
It is challenging to outline every single item you could claim for in one guide. Therefore, we would strongly recommend that you reach out and speak to a data breach solicitor. Not only can they discuss your claim in length, but they can outline what you could be compensated for.
To ensure you receive an accurate amount of compensation, you will be required to provide documentation of your financial losses, such as bank statements and receipts.
You will also be asked to attend a medical assessment as part of the claim. The medical professional conducting the evaluation will ask you a series of questions regarding the harm you’ve suffered. They’ll determine its severity and whether there are any future implications.
The information gathered from the medical assessment will be placed in a medical report. The report can be used to value and support your claim. To learn more about collecting evidence or medical examinations, why not click here to enquire online using our form?
Calculating Healthcare Medical Data Breach Compensation
You are probably curious about how much compensation you could be awarded should you pursue a compensation claim? Providing definitive figures is challenging, as every claim takes into account the unique circumstances at hand.
Some people may look for a data breach compensation calculator, but such tools can produce misleading results. So instead, we have used the Judicial College Guidelines to create a table to help provide clarity. The table outlines how the trauma you’ve endured and it’s severity can play a critical role in the compensation process.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Post-Traumatic Stress Disorder | Less Severe | Up to £7,680 | a virtually full recovery will have been made within one to two years and only minor symptoms |
| Post-Traumatic Stress Disorder | Moderatley Severe | £21,730 to £56,180 | the effects are still likely to cause significant disability for the foreseeable future. |
| Post-Traumatic Stress Disorder | Severe | £56,180 to £94,470 | permanent effects which prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level. |
| Psychiatric Damage Generally | Moderatley Severe | £17,900 to £51,460 | Cases of work-related stress resulting in a permanent or long-standing disability preventing a return to comparable employment would appear to come within this category. |
| Psychiatric Damage Generally | Severe | £51,460 to £108,620 | the injured person will have serious implications that affect all areas of their life. |
The data within the table offers insight into the amount of compensation that could be awarded for psychological harm. However, please note that any financial loss you’ve endured may also be factored into your settlement. For example, if you have developed PTSD due to a data breach, then you may have had to:
- Pay for therapy or counselling.
- Cover travel costs to attend treatment.
- Lost out of potential earnings due to missing time off work.
For compensation to be awarded, you must be able to provide evidence that proves the expense, such as bank statements, receipts, and any other form of financial documentation.
For more information, please contact our team today.
No Win No Fee Medical Data Breach Claims Against BUPA
We receive a lot of questions relating to the data breach claims process. Most commonly, we hear concerns regarding the funding of the claim. It is for that reason why our panel of solicitors could offer to handle your case under a No Win No Fee agreement.
Before a claim is accepted, the solicitor will review whether the case has a good chance of success. For instance, they will evaluate whether it meets the claims time limitation period. Once the solicitor is happy, you will then be given a No Win No Fee agreement (also known as a Conditional Fee Agreement, or CFA) outlining how your claim will be funded.
The CFA will also outline how:
- You won’t have to pay any upfront costs, allowing you to begin your claim as soon as possible.
- There are no hidden costs or charges to pay while the claim progresses.
- You would not be obligated to pay your solicitors legal costs should the claim have been unsuccessful.
Should your claim succeed and compensation is awarded, your solicitor will retain a small percentage to cover the cost of their work. This is also referred to as a success fee. The fee is limited by law, meaning there will be no surprise charges or expenses when your claim is finalised.
Many experts recognise the benefits of a No Win No Fee agreement—it reduces financial worries and concerns. Why not contact our team to discover whether you can benefit from a No Win No Fee agreement?
How To Find A Specialist Lawyer
When searching for a lawyer that is well suited to handle your case, you might take to the internet to do some research. Many claimants turn to client reviews to help further their understanding of the claims process.
By reading client reviews, you can gain great intel regarding the firm in question. Not only will a review outline the client’s experience, but it will outline the success rate of the firm and detail their services, allowing you to make a fully informed decision.
While we strongly emphasise the importance of researching the right lawyer, we always recommend picking up the phone and speaking to a solicitor before progressing with your case. When speaking to a solicitor, you have the opportunity to question whether they have experience handling cases similar to yours. So why not get in touch with us today?
Talk To Our Team
After reading this guide to the very end, it is more than understandable to have additional questions. Our data breach claims team is extremely informed when it comes to the law, and with their support, they can answer any queries you may have and help you kick-start your claim.
If you would like to speak with an adviser from our team, please use one of the following methods:
- Telephone: 0800 073 8804.
- Online Form: Please click here to enquire online.
- Live Chat: Click the icon on the right side of the page to use the chat.
Extra Medical Claims Resources
We want to thank you for taking the time to read this guide regarding BUPA data breach claims. Within the final section of the guide, we have provided you with some additional materials which we firmly believe will help further your understanding of the claims process. If there is anything you need to know, or if you have any questions, please do not hesitate from contacting our team.
Freedom of Information Requests
Click the link to learn how to make an FOI request.
NHS Guide To PTSD
Learn how the NHS can identify and treat PTSD.
ICO – What We Do
Discover what the ICO does and what functions it can perform.
GP Data Breach Claims
Head here to learn more about data breaches involving your local GP.
Hospital Data Breach Claims
Check out this guide to hospital data breaches.
NHS Data Breach Claims
A dedicated guide to NHS data breach claims.
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Thank you for reading our guide to BUPA data breach claims.
Guide by Brennan
Edited by Billing
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