Pregnancy-related information is some of the most sensitive personal data organisations may hold about individuals. It may include copies of your medical records held by healthcare organisations, Human Resources files and maternity assessments held by employers, and appointments notes held by midwives. Your privacy can be put at risk if fertility clinics, hospitals, GP surgeries, or employers fail to adhere to data protection legislation. Pregnancy data breach claims enable those affected to seek compensation from the party responsible.
Pregnancy data can include a wide range of special category, personal and medical information, such as medical notes, results from tests or scans, medical notes, and employment maternity records. The impact of this data being stolen, lost, shared, or otherwise shared without a legal basis, can be distressing. It can also affect you financially and impact your personal safety.
You could get support if you have been affected by a pregnancy data breach. At Data Breach Claims, the solicitors on our panel specialise in helping people to seek compensation. They can also connect you to a variety of different support services, ensuring a holistic approach helping you.
Get in touch to learn more about pregnancy data breach compensation claims.
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Jump To A Section
- What Is A Pregnancy Data Breach?
- Can You Claim For A Pregnancy Data Breach?
- Examples Of How Pregnancy Data Can Be Breached
- Who Could Be Responsible For Breaching Pre-Natal Data?
- How Could a Data Breach Affect an Expectant Mother?
- Data Breach Compensation Calculator
- Evidence That Could Help You Claim For A Pregnancy Data Breach
- Claim For A Pregnancy Data Breach On A No Win No Fee Basis
- Learn More About How To Make Data Breach Claims
What Is A Pregnancy Data Breach?
A pregnancy data breach is an incident in which information relating to, or which reveals, details of a pregnancy is unlawfully or accidentally disclosed, stolen, lost, shared, or otherwise accessed by those without authorisation. Pregnancy data can be highly sensitive due as it may contain details of a person’s health and related circumstances. It may include:
- Medical records related to the pregnancy, such as,
- Confirmation of a pregnancy.
- Details of appointments, scans, and test results.
- Records of fertility treatment sought.
- Details of medical conditions relating to the mother and/or baby.
- Maternity/ paternity employment records.
- Personal details such as your name, address, and contact information.
Pregnancy data breaches could occur where information is sent to the wrong address, staff disclose personal details, or where systems are hacked. The impact of such a breach can be serious, causing anxiety, trauma, and emotional distress.
If you have been affected by any of the issues raised in this guide, please contact us to learn more about pregnancy data breach claims. Our advisory team is here to help you.
Can You Claim For A Pregnancy Data Breach?
You could claim compensation for a breach of pregnancy-related data due to an organisation’s failure to comply with UK data protection law. Whether a healthcare provider or other organisation stores or processes your personal information, they must do so in accordance with the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).
To be eligible to claim, you must show that,
- The healthcare provider (or other organisation) acting as a data controller or appointed by the controller as a data processor, failed to adhere to the Data Protection Act and/or other legislation. For example, a human error could lead to them sending patient data to the wrong person.
- Your pregnancy related personal data was involved in the breach. This may include medical records confirming your pregnancy as well as test results, or employment information.
- As a result of breach you suffered psychological and/or financial harm. This could include costs incurred as well as emotional distress.
If your pregnancy-related employment or patient data has been compromised, you could make a claim. An advisor could help you understand your rights and to build a successful case.
Examples Of How Pregnancy Data Can Be Breached
Unauthorised access by staff at a clinic, devices containing patient data being lost or stolen, or failures in cybersecurity could all lead to pregnancy data being breached. Notably, in order to make a claim the breach must have been caused by the organisation in question failing to follow data protection legislation.
Examples may include,
- A fertility clinic sending a medical letter to the wrong address. This could include details of appointments, payment records, and maternity notes being sent to the wrong person. This could cause the person affected distress and anxiety.
- Employees accessing and viewing pregnancy data without a lawful basis. Staff view HR records without a lawful basis, breaching trust and causing the affected party emotional distress.
- Stolen or lost devices, such as USB drives, containing pregnancy records. The loss or theft of digital devices or paper records could mean sensitive medical records are lost, delaying treatment, or are accessed by others.
- Verbal disclosure, where medical staff discuss and disclose medical details to those without authorisation to know the information. This causes the person both reputational harm as well as emotional distress and anxiety.
Pregnancy data breach claims can compensate individuals emotionally, psychologically, and financially harmed by such incidents. Our advisory team is on hand to provide support and guidance.
Who Could Be Responsible For Breaching Pre-Natal Data?
Parties responsible for breaching pre-natal data could include healthcare providers, employers, social services, and local authorities. This can include,
- NHS healthcare providers, such as GP surgeries, hospital maternity units, community midwives,etc.
- Private fertility clinics and healthcare providers.
- Pharmacies, who may dispense pregnancy related prescriptions.
- Employers holding maternity records.
- Social services and/or local authorities holding safeguarding records.
This is an non-exhaustive list of those who may be responsible for storing or processing pre-natal pregnancy data. You situation may be different, but you may still have experienced a breach of your pregnancy-related data. Please contact an advisor who can help assess whether you have a valid reason to claim compensation.
How Could a Data Breach Affect an Expectant Mother?
As seen through this guide, a breach of pregnancy data could seriously affect an expectant mother, causing psychological, practical, and financial harm. Effects could include,
- Safety concerns. Where data is shared with an abusive ex-partner, the disclosure could place the mother (and baby) in potential physical harm.
- Financial losses. The need to take time off work due to psychological distress could result in lost income and workplace benefits.
- Loss of privacy. The disclosure of sensitive information, such as details of fertility treatment, being shared without consent can negatively impact claimants.
- Anxiety and emotional distress. The disclosure, loss, or destruction of private medical records can have a serious impact on women’s mental health.
Even more minor data breaches can have a significant impact on expectant mothers due to the sensitive nature of the information. Our advisory team understands the effect such breaches could have on you. Call today for a free estimate of how much compensation you could claim.
Data Breach Compensation Calculator
You can use our data breach compensation calculator to see examples of what could be awarded for different forms of psychological and psychiatric harm. Our table uses the latest figures from the Judicial College Guidelines (JCG). This is a resource which legal professionals may use when placing a value on this type of harm.
Please be aware that these figures are not guaranteed and that the initial figure does not come from the JCG.
| Harm. | Notes. | Compensation. |
|---|---|---|
| Multiple forms of psychological harm and material damage (compensating for medical and relocation costs + lost income). | Severe harm with financial loss. | Up to £250,000+ with material damage. |
| Severe psychiatric damage. | Claimant experiences marked problems with their ability to cope with relationships and life. | £66,920 to £141,240. |
| Moderately severe psychiatric damage. | Significant problems in multiple areas of life, but a more optimistic prognosis. | £23,270 to £66,920. |
| Moderate psychiatric damage. | The claimant has markedly improved by the time of trial. | £7,150 to £23,270. |
| Less severe psychiatric damage. | Compensation levels may depend on the impact on daily life. | £1,880 to £7,150. |
| Severe post-traumatic stress disorder. | The person is permanently prevented from working as they did before or at all. | £73,050 to £122,850. |
| Moderately severe post-traumatic stress disorder. | Similar to the above category, but the prognosis is better. | £28,250 to £73,050. |
| Moderate post-traumatic stress disorder. | This person will largely recover. | £9,980 to £28,250. |
| Less severe post-traumatic stress disorder.. | This person will recover fully in 1 - 2 years. | £4,820 to £9,980. |
Claiming For Material Losses
Claiming for material damage could involve taking medical bills, home security costs, and lost income into consideration. In addition to the impact on your mental health, the courts also recognise the impact a breach could have on your finances.
Material damage may cover;
- Medical and therapy bills.
- Lost income.
- Home security and/or relocation costs.
A member of our advisory team could provide further information on the types of financial loss pregnancy data breach claims could compensate for.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Evidence That Could Help You Claim For A Pregnancy Data Breach
Key evidence that could help you claim for a pregnancy data breach could include copies of the data breach notification, correspondence with the data controller or processor, and details of the information compromised.
Evidence which could help you claim for a pregnancy data breach can include:
1. Identify Pregnancy Data Involved In The Breached
Firstly you can record how you found out about the breach and when it occurred. Were you notified by the healthcare provider (or other organisation) or did you discover through a third party? Creating a timeline could be useful later.
Next, identify what pregnancy or medical data was involved in the breach. This could include your name, address, contact information, and your medical records.
2. Gather Evidence Of The Breach
Collect evidence, such as correspondence with the healthcare (or other) organisation acknowledging the incident, which shows the breach occurred and how you were affected. Gather,
- Letters or emails from the organisation.
- Letters received in error/ screen shots of missent documents.
- Witness contact details.
3. Contact The Organisation
Contact the organisation and ask,
- How the breach happened.
- What pregnancy/ medical data was affected.
- What steps they are taking to address the breach.
- How they can support you.
Keep copies of any correspondence. You must give the organisation time to respond, in line with the UK GDPR.
4. Contact The ICO
You can contact the Information Commissioners’ Office (ICO) if the organisation does not respond, or if you are unhappy with their response. The ICO investigate certain data breaches and may fine organisations.
You must contact the ICO within 3 month of the last meaningful reply from the organisation. The ICO may investigate whether the organisation is complying with data protection duties.
Whilst the ICO does not award compensation, any findings may help support your claim.
5. Record Any Financial And Psychological Harm Caused
Medical records, bank statements and invoices (such as for psychological counselling) may help support your claim. Remember, you could be compensated for both financial losses and psychological distress.
6. Check The Claims Time Limit
There may be up to 6 years to claim for a data breach, depending on what you are claiming for and the nature of the organisation that breached your personal data. However, this may vary in some circumstances. You can read more about the time limit for data breach claims in our dedicated guide.
7. Speak To A Solicitor
Finally, one of the most important steps you can take is talking to a specialist data breach solicitor. A solicitor from our panel could provide you with both specialist legal advice and additional support services.
We understand the impact a pregnancy data breach could have on you, from causing initial and long-term distress to financial losses. Our panel also knows the importance of connecting you to support services such as counselling, or further help you may need.
Your solicitor from our panel will tailor their services to your individual case and needs. Just some of the benefits of contacting us can include:
- Access to an independent assessment of any psychological conditions caused by the breach.
- Connection to counselling, therapeutic, and further psychological (or other) support services.
- Guidance on how the data breach claims process works.
- Communication with third parties, such as the data controller/ processor.
- Handling your case on a No Win No Fee basis.
Claim For A Pregnancy Data Breach On A No Win No Fee Basis
At Data Breach Claims, a solicitor from our panel could provide you with a comprehensive No Win No Fee service. To do so, they will offer you a Conditional Fee Agreement (CFA). This enables you to work with them, without having to pay for their services in advance of, or during, the claims process.
At the end of your claim, your solicitor will deduct a success fee from your compensation if you win. If you don’t win, there is no such fee to pay. The fee is levied as a percentage of your compensation, agreed upon in advance. The fee is limited by law. This limit is in place to help ensure that you retain the majority of your compensation. The solicitor from our panel who takes your case will explain the exact percentage before your claim begins.
The solicitors on our panel are experts at helping people to make successful pregnancy data breach claims.
Contact Data Breach Claims
Contact Data Breach Claims about your pregnancy case today.
- Call our team on 020 8050 6279.
- Click to use our contact form.
- Chat with an advisor live below.
Learn More About How To Make Data Breach Claims
Learn more about how to make a data breach claim below.
- Our legal glossary contains more information on Conditional Fee Agreements.
- Here you can read about the financial losses your claim could consider.
- Check how to report a breach of the UK GDPR.
References.
- You can find information on post-traumatic stress disorder in this NHS resource.
- The National Cyber Security Centre publishes guidance and advice for families.
- Here you can find the 2025 Cyber Security Breaches Survey.
Our advisors and panel of solicitors are on hand to help with pregnancy data breach claims.