By Cat Way. Last Updated 30th January 2025. When you seek the help of a psychologist, you are trusting someone with private and deeply personal information. Therefore, when a psychologist breaches your data, it can leave you feeling unsafe and isolated. However, you could be eligible to seek compensation for a psychologist data breach with the help of a No Win No Fee solicitor.
Keep reading to find out how psychologist data breach claims are defined and the criteria you must meet to make one. We will also look at the types of data that psychologists hold.
Furthermore, We explain what data is protected by UK General Data Protection Regulation (UK GDPR) and detail the claim process. You can also find out how one of our No Win No Fee solicitors could help you to proceed.
If you have any questions about your case, why not speak with one of our advisors? They can help you to understand the claim process and the eligibility criteria. Your case could potentially be referred to an expert No Win No Fee solicitor today:
- Use the live chat
- Contact us via our website
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Select A Section
- What Is A Psychologist Data Breach Claim?
- Types Of Psychological Health Data
- When Could You Make A Psychologist Data Breach Claim?
- What Data Is Protected By The UK GDPR?
- How To Make A Psychologist Data Breach Claim
- Start A No Win No Fee Psychologist Data Breach Claim
What Is A Psychologist Data Breach Claim?
Psychologists work with people who suffer from psychological conditions, such as depression and anxiety.
A psychologist may collect a considerable amount of your personal information, such as your address, name, and date of birth. Personal data is any information that can identify you, whether directly or indirectly.
They might also keep sensitive information that relates to your mental health issues, such as your specific condition and any medications you could be on. All of this data could be impacted by a personal data breach.
Health Data And Special Category Data
Health data and special category data are protected under the UK GDPR as well as the Data Protection Act 2018. These work in tandem with each other and cover the ways in which personal data and information can be shared or used by data controllers and data processors.
A data controller is an organisation that decides how and why personal information is used. They sometimes use the services of data processors (organisations that process personal data on the controller’s behalf).
Types Of Psychological Health Data
Certain healthcare information is known as special category data. This means that it needs a larger amount of protection when being processed. The different types of health data could include:
- Electronic health records
- Prescriptions
- Appointment notes
- Image data – CT scans, for example
When Could You Make A Psychologist Data Breach Claim?
You could make a claim when you have proof that your data was compromised because the data controller failed to protect it. This could come from the organisation notifying you themselves, or through other means.
Examples of how a personal data breach could occur due to wrongful conduct include:
- Unsecure physical records – If physical documentation or archived information has been incorrectly stored or left in an unsecured place, then a person with unauthorised access could read them as well as take photographs or simply take the files and distribute the information.
- Theft of devices that contain personal data – If a member of staff has electronic devices stolen, such as stolen computers, any personal data that was unsecured on that device could be lost or sold.
What Data Is Protected By The UK GDPR?
Medical information is covered by the UK GDPR, along with all other personal and sensitive data. The UK GDPR has crafted a series of data protection principles that data processors and controllers need to follow to ensure that the personal data they collect and store is protected.
Special category information also includes data relating to:
- political leanings and religious beliefs
- sex life and sexual orientation
- biometric data (where used for ID purposes)
- your genetics
- trade union membership
- racial or ethnic origin
- philosophical beliefs
How To Make A Psychologist Data Breach Claim
You must have experienced psychological harm or financial loss to make a personal data breach claim. This includes any financial harm that occurred following a breach, or mental harm, such as suffering anxiety or PTSD following the experience.
If you believe that your personal data was involved in a personal data breach, you can contact the data controller or processor responsible. They should respond and provide you with the required information.
However, if you haven’t received a satisfactory response from them, you could contact the Information Commissioner’s Office (ICO). You’d need to do so within 3 months of the organisation’s final unsatisfactory response to you.
The ICO is a public body that oversees laws for data protection and data rights. The ICO also has the ability to carry out investigations, as well as impose fines on those who are found to be in breach of data protection laws.
If you need further advice or guidance on how to make a psychological data breach claim, don’t hesitate to contact us.
Compensation Table
Material damages compensation and non-material damages compensation are the two types of compensation that you could claim when making a personal data breach claim. You can claim for both or either damages.
The Judicial College Guidelines (JCG) covers the psychological injuries that you suffer as a result of a personal data breach. These guidelines can be used by legal professionals when valuing injuries.
The compensation table below demonstrates examples of the different forms that mental health issues can take along with potential corresponding compensation brackets.
| Types of Mental Health Issues | Severity | Compensation Bracket |
|---|---|---|
| Multiple Psychological Issues and Financial Losses | Very Serious | Up to £250,000 plus |
| Psychiatric Damage Generally | Severe | £66,920 to £141,240 |
| Moderately Severe | £23,270 to £66,920 | |
| Moderate | £7,150 to £23,270 | |
| Less Severe | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder | Severe | £73,050 to £122,850 |
| Moderately Severe | £28,250 to £73,050 | |
| Moderate | £9,980 to £28,250 | |
| Less Severe | £4,820 to £9,980 |
Non-Material Damages
Non-material damages are the mental health effects you have suffered as a result of a personal data breach. These could include mental issues such as:
- Depression
- PTSD
- Anxiety
These are just to name a few examples. However, there could be other variations of psychological issues that may present as a result of a personal data breach.
The Court of Appeal heard the case of Vidal-Hall and others v Google Inc (2015). The decision was made that you could claim non-material damages without the need to also claim for material damages. This means that you could claim for one set of damages or both.
When claiming compensation for non-material damages, you’ll be asked to have a medical assessment. Its purpose is to establish if the damage you suffered was severe enough to have a lasting impact on your day-to-day life. The assessment can then be used as another form of evidence, potentially strengthening your claim.
Material Damages
Material damages, on the other hand, are the financial loss that you have experienced through a personal data breach. This could include your debit and credit card details being stolen, or bank account details being used in a fraudulent way. These could affect your credit rating and impact any future financial decisions you may make.
Any additional information on the different types of damages can be given by our advisors. They are on hand to help and support you as you go through the claims process.
For more information on how you could make a claim for a personal data breach because of a psychologist, don’t wait to contact us.
Start A No Win No Fee Psychologist Data Breach Claim
The psychologist data breach claims process might seem daunting. However, one of our experienced solicitors could help you claim personal data breach compensation on a No Win No Fee basis by offering a Conditional Fee Agreement (CFA), provided you have a valid case.
When you enter into a CFA, you aren’t required to pay any fees to your data breach solicitor in order to access their services or for them to begin working on your case. Additionally, should your claim fail, then your solicitor will not take a fee for their services.
If your claim is successful, then your solicitor receives a success fee. This is a small percentage of your compensation which is legally capped.
Our advisors are here to help if you’d like to work with one of our solicitors on your personal data breach claim. When you contact our team, they can offer you a free consultation, where they will evaluate your claim and identify whether it could be valid. If it is, then they could connect you with one of our solicitors.
You can get started by:
- Using the live chat
- Contacting us via our website
- Calling us on 0800 073 8804
Medical And Health Data Breach Resources
We have gathered a collection of resources for you to have a look through. These are linked below.
- Find out how to claim compensation after a medical record data breach caused you to suffer harm.
- Learn about the medical conditions data breach claims process and find out if you could be entitled to compensation.
- Read our guide to data breach compensation claims against the NHS for information on what to do should such a breach occur.
Furthermore, for more information on data breach claims and how the ICO can be a useful tool, see the links below provided:
- How to minimise the risk of personal data breaches happening
- Make a complaint
- How to report a breach
For any further information on psychologist data breach claim, contact us via the live chat feature or our website.
Written by Welsh
Edited by Victorine
