Suffering a psychologist data breach can have profound and uniquely damaging impacts, due to the highly sensitive nature of mental health medical data they may hold about you. We expect psychologists to adhere to data protection laws to ensure our personal information is kept safe. Unfortunately, if they fail to do so, resulting in a personal data breach, this can have a detrimental impact on your well-being, causing significant emotional distress. Often, these feelings can be worsened by financial losses, especially if you’ve been unable to work following the breach due to the mental harm you suffered.
During such a challenging time, you shouldn’t face these worries alone. With the right guidance, psychologist data breach claims could help you seek the much-needed compensation, which can fund any ongoing medical help you might need. Not just this, but compensation can reimburse you for the financial effect of your psychologist data breach, ensuring that you aren’t at a financial disadvantage following the compromise of your data.
Continue reading to explore whether you’d be eligible to bring a claim with one of our specialist data breach solicitors on our panel. Our advisors can also answer any questions you may have and offer you free advice.
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Jump To A Section
- Can I Claim For A Psychologist Data Breach?
- What Types Of Personal Data Could A Psychologist Hold?
- Examples Of Psychologist Data Breach Claims
- What Compensation Could Be Awarded For A Psychologist Data Breach?
- How Can I Prove A Psychologist Data Breach Occurred?
- Can I Make A No Win No Fee Claim For Psychologist Data Breach Compensation?
- Learn More
Can I Claim For A Psychologist Data Breach?
Yes, you could claim for a psychologist data breach if you can show that it was wrongfully compromised due to an organisation failing to adhere to data protection laws, and this caused you to suffer psychological and/or financial harm.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 sit together as data protection laws and inform organisations handling the personal data of UK residents how they should properly handle, process and store your data. Personal data is any information that could directly identify you, or could identify you in combination with other information. In the next section, we share examples of personal data a psychologist could hold about you.
If a psychologist fails to adhere to data protection laws, it could result in your personal data being breached.
The Information Commissioner’s Office (ICO) is an independent body responsible for governing data protection in the UK. They define a personal data breach as a compromisation of information that impacts the integrity, availability or confidentiality of a personal data.
Essentially, to have an eligible claim for compensation, you must be able to demonstrate:
- The psychologist failed to adhere to and comply with data protection legislation
- Your personal data was compromised as a result of the breach
- You suffered psychiatric or financial losses due to this
Our advisors can provide you with a free, obligation-free case consultation to see whether you may be eligible to claim compensation.
What Types Of Personal Data Could A Psychologist Hold?
A psychologist might hold various types of personal data, including your contact information, such as name, address or phone number. Additionally, a psychologist could also have access to your:
- Date of birth, gender, religion, country of birth and ethnicity
- Occupation and education
- Name and contact details of your GP
What Is Classed As Special Category Data?
Special category data under the UK GDPR is defined as sensitive personal information, which requires additional protections. This includes:
- Information about your race or ethnic origin
- Political information
- Medical data
- Data regarding your religious or philosophical beliefs
- Genetic data
- Biometric data
- Information revealing trade union membership
Additionally, mental health data held by your psychologist should be handled and processed with the utmost care. If they fail to do so, causing your personal data to be breached, you can contact our advisors to see whether you may have an eligible compensation claim.
Examples Of Psychologist Data Breach Claims
Psychologist data breach claims can occur in a range of ways, whether this be due to a cyberattack, human error or even theft. Some more examples include:
- At the clinic you attend, they have poor cybersecurity defences. Due to their failure to invest in stronger cyber protection, your details are compromised in a cyberattack. This causes severe mental distress, and you suffer anxiety and depression as a result.
- Your psychiatrist misplaces a laptop containing your personal files. Due to the device being lost and not knowing who has access to your personal information, this causes you to suffer intense post-traumatic stress disorder and causes a breakdown of trust in your psychologist, exacerbating your mental health issues.
- Your psychologist verbally discloses your mental health data over the phone without authorisation from you or a lawful basis for doing so. This causes you extreme stress.
The examples we explored are by no means extensive, so to discuss your own personal circumstances, please get in touch with us today. Our advisors are available around the clock and can discuss the options available to you.
What Compensation Could Be Awarded For A Psychologist Data Breach?
In psychologist data breach claims, compensation could be awarded for your non-material damage (psychological harm) and your material damage (financial harm).
When professionals are valuing your claim for non-material damage, they can use frameworks such as the Judicial College Guidelines (JCG) to assist. This document contains guideline brackets of compensation for certain types of harm at differing severities.
Our table below provides some of these brackets taken from the JCG relating to psychological harm. However, with this said, these are guideline amounts only, and the top entry has not been taken from the JCG.
| Harm | Severity | Compensation |
|---|---|---|
| Severe Psychiatric Harm + Material Damage | Severe psychological harm as well as compensation for material damage such as lost income, medical expenses and home security costs | Up to £500,000+ |
| General Psychiatric Damage | Severe (a) - claims are valued by appreciating the extent to which any treatment would be successful, whether medical help has been sought and the effect on the injured person's relationships with family and friends | £66,920 to £141,240 |
| General Psychiatric Damage | Moderately Severe (b) - more optimistic prognosis than above, and a long-standing disability preventing a return to comparable employment will appear in this category | £23,270 to £66,920 |
| General Psychiatric Damage | Moderate (c) - good prognosis, with marked improvement by trial. | £7,150 to £23,270 |
| General Psychiatric Damage | Less Severe (d) - the amount awarded will consider the duration of disability and extent to which daily activities and sleep were impacted | £1,880 to £7,150 |
| PTSD | Severe (a) - permanent effects which prevent the injured person from working at all, or functioning at the pre-trauma level | £73,050 to £122,850 |
| PTSD | Moderately Severe (b) - better prognosis with some recovery due to professional help. The effects are still likely to cause significant disability for the foreseeable future | £28,250 to £73,050 |
| PTSD | Moderate (c) - the injured person will have largely recovered and continuing effects will not be grossly disabling | £9,980 to £28,250 |
| PTSD | Less Severe (d) - a virtually full recovery made within one to two years with only minor symptoms persisting | £4,820 to £9,980 |
Can Psychologist Data Breach Claims Pay Out For Material Damage?
Yes, psychologist data breach claims can pay out for any material damage you have suffered. Some examples could include:
- Any loss of earnings due to taking time off work after suffering psychological harm
- Any additional therapy fees you need to pay
- Relocation or home security costs if you fear for your safety
Contact our advisors to learn more about how compensation is calculated in psychologist data breach claims and for a free valuation of your case.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
How Can I Prove A Psychologist Data Breach Occurred?
In order to prove that a psychologist data breach occurred and subsequently led to your psychological or financial harm, you will need evidence. These can be documents such as:
- Copies of your medical records or psychiatrist letters to show any diagnosis you have received.
- A notification letter or email informing you of the personal data breach.
- Any correspondence with the psychologist’s office about the breach.
- Any financial evidence, such as payslips and invoices.
- The findings of an ICO investigation can act as vital evidence. You can report a data breach to the ICO within 3 months of your last meaningful communication about the breach with the organisation responsible. If you wait any longer, the ICO may refuse to investigate.
One of the expert solicitors on our panel could help you with gathering this supporting evidence. Contact our advisors to learn more.
Can I Make A No Win No Fee Claim For Psychologist Data Breach Compensation?
Yes, you could make a No Win No Fee claim for psychologist data breach compensation with one of the solicitors on our panel, provided you have an eligible claim. Here at Data Breach Claims, our panel of expert solicitors work on a No Win No Fee basis, through the usage of a contract called a Conditional Fee Agreement.
Essentially, claiming on this basis would mean that you:
- Have nothing to pay upfront for a solicitor to begin work on your case
- Don’t face ongoing solicitors’ fees to pay during the progression of your case
- Will have nothing to pay for your solicitor’s work if your claim were to fail
On the other hand, if your claim was successful, a percentage would be deducted from your compensation. This serves as your solicitor’s success fee, and the percentage is limited in accordance with the law to ensure that claimants receive the bulk of their compensation.
Some of the expert services our panel of solicitors can offer on a No Win No Fee basis include:
- Regular updates about the progress of your claim
- Help with gathering evidence to support your claim
- Simple explanations of complex legal language and the data breach claims process
- Organising any additional therapy you may need for the mental harm you have suffered
- Negotiating a settlement that reflects the extent of harm suffered
Contact Data Breach Claims To Get Started
Contact us at Data Breach Claims today with any questions you may have about the psychologist data breach claims process and to get started with yours:
- Call us on 020 8050 6279
- Contact us online
- Speak with an advisor using our live chat
Learn More
Why not read more of our guides about:
- How to claim pension data breach compensation
- Data breach at work and how to start your own case
- Information on a personal trainer data breach claim
External resources:
- NHS guidance on dealing with stress
- Government information about data protection
- Cyber security advice for you and your family from the National Cyber Security Centre
Thank you for reading our guide to psychologist data breach claims.