The NHS relies on personal data to fulfil its responsibilities as a healthcare provider and employer. When that information is compromised, it can lead those impacted to suffer mental health problems and financial loss. Our guide on NHS data breach compensation aims to show how making a claim could support your healing process and help you recover financial losses.
In this guide, you will find out what steps are involved in making a claim, who can pursue compensation, and what constitutes a data breach. Additionally, we provide examples of what can cause a data breach and the impact one can have on someone’s life.
Furthermore, we examine how compensation is calculated and what you will need to get your claim started. Finally, we take a look at No Win No Fee contracts and explain how you could work with a solicitor from our expert panel on this basis.
We understand that a personal data breach can leave those impacted feeling extremely vulnerable. Our team is here to help, whether you’d like more information or are ready to get started with your claim. There is no charge for getting in touch, so reach out today using the following details:
- Call us on 020 8050 6279
- Contact us online
- Use our live chat
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
Jump To A Section
- What Is An NHS Data Breach?
- Who Can Claim For NHS Data Breach Compensation?
- What Can Cause A UK GDPR Breach To Occur?
- The Impacts Of Data Breaches In The NHS
- The Average NHS Data Breach Compensation Payouts
- The Ethics of Filing a Claim Against the NHS
- How To Start A Claim For Healthcare Data Breaches
- What Data Breach Claims Can Do For You
- Learn More
What Is An NHS Data Breach?
A data breach occurs when personal data that could be used to identify you is compromised. The Information Commissioner’s Office (ICO), the UK’s independent public body responsible for enforcing data protection, defines a breach as an event whereby personal data is accidentally or unlawfully:
- Altered
- Destroyed
- Lost
- Accessed or disclosed without authorisation
Data can be breached through malicious actions (such as a hack) or through human error. We’ll cover some common causes in more detail later on in our guide.
What Types Of Personal Data Can Be Compromised?
By the nature of the services it provides, the NHS has to keep an extensive record of various types of personal data relating to patients and staff, such as:
- Full name
- Personal mobile or telephone number
- Home address
- NHS number
Additionally, the NHS needs to collect more sensitive personal data, such as information relating to a person’s health, their sexual orientation, or ethnic origin. This kind of information is termed special category data and is subject to extra protections per the UK General Data Protection Regulation. Alongside the Data Protection Act 2018, the UK GDPR helps govern how personal data is processed for UK citizens.
You can get in touch with our team at any time if you want straightforward answers about what personal data covers or any terms you’d like more information on.
Who Can Claim For NHS Data Breach Compensation?
Anyone can make a claim for NHS data breach compensation provided that they can prove:
- An organisation, such as an NHS hospital, failed to adhere to data protection laws
- Their personal data was breached as a consequence
- This directly resulted in financial or psychological harm (or both)
All organisations handling the personal data of UK citizens need to adhere to the Data Protection Act 2018 and UK GDPR. If an organisation fails to do so, then there may be grounds for a valid data breach compensation claim.
We explain how an organisation could fail to comply with data protection laws and the types of harm that can be caused in the following sections. Otherwise, please do not hesitate to contact our team to find out whether you have an eligible data breach compensation claim.
We Can Help With Your Claim
Our team of specialist advisors are ready to assist you with your data breach claim
What Can Cause A UK GDPR Breach To Occur?
A UK GDPR data breach can occur due to various cyber and non-cyber incidents. Examples of situations where you could start a claim for personal data breach include:
- A receptionist at your GP surgery sends a letter about a recent cancer diagnosis to the wrong address despite you providing them with an updated address. This causes emotional distress and results in you being diagnosed with anxiety
- A physical copy of your medical paperwork is lost after being left unattended on a hospital desk. As a result, you develop severe anxiety amidst concerns that others may now have access to your medical history, including treatments and medications
- A hospital fails to update its cybersecurity systems, allowing a hacker to access its records and steal personal data. This aggravates your pre-existing post-traumatic stress disorder (PTSD), seriously affecting your quality of life and leading you to relocate to a new home
This list is only a snapshot of the many reasons why personal data breaches happen. Keep reading as we discuss how often data breaches affect the health sector.
Do Data Breaches Within The NHS Happen Often?
There were 2,443 reported data breach incidents in the health sector reported in 2024, according to statistics provided by the ICO. That figure compares with the education and retail/manufacturing sectors reporting 1,714 and 1,337 incidents, respectively.
It should be noted that the ICO figure for the health sector covers both NHS and private healthcare data breaches. So, let’s take a closer look at some statistics that have been obtained under a Freedom of Information (FOI) request from NHS Resolution, an arms-length government body responsible for handling claims on behalf of NHS trusts.
In the first table, we’ve listed the number of non-clinical claims and incidents related to data breaches that NHS Resolution has received by year:
| Year | No. of Claims |
|---|---|
| 2020/21 | 250 |
| 2021/22 | 296 |
| 2022/23 | 351 |
For our second table, we’ve broken down the number of closed claims that resulted in damages being paid out:
| Year | No. of Claims | Damages Paid | Total Paid (Including legal costs) |
|---|---|---|---|
| 2020/21 | 83 | £300,669 | £2,301,115 |
| 2021/22 | 125 | £499,228 | £1,431,976 |
| 2022/23 | 210 | £737,398 | Not Disclosed |
Reach out to our team of advisors if you have any questions about these statistics or would like to talk about your experiences of a data breach. They are always here to help and can assess the validity of your personal data breach claim.
The Impacts Of Data Breaches In The NHS
Data breaches can lead to emotional distress and long-term mental health conditions, including post-traumatic stress disorder (PTSD). It can also exacerbate pre-existing conditions like anxiety, which could worsen due to the worry that an unknown person may be able to use someone’s identity.
Besides this impact on mental health, data breaches have the potential to also seriously impact an individual’s financial wellbeing. In particular, those affected by a data breach may need to:
- Relocate to a new address or pay for extra security
- Pay for counselling or therapy
- Take time off work
These expenses can be considerable, but you may be able to recover the costs by successfully claiming compensation.
Please reach out to our team if you would like to discuss the impact that a personal data breach has had on you.
The Average NHS Data Breach Compensation Payouts
NHS data breach compensation is determined by a variety of factors, meaning payouts are unique to every claim. Personal data breach claims consist of:
- Non-material damage: Psychological harm suffered due to a personal data breach
- Material damage: Financial loss, which we discussed in the previous section
You can also take a look at some non-material damage figures from the Judicial College Guidelines (JCG) below. The JCG is a publication that provides compensation guideline brackets for different types and severities of psychological harm. However, it is important to consider that these figures do not guarantee the amount of compensation you could receive.
Please also note that the first figure we have included hasn’t come from the JCG.
| Severity | Compensation Bracket | Notes |
|---|---|---|
| Severe forms of harm and financial impact | Up to £500,000+ | Multiple forms of harm with associated financial costs, such as medical treatments and therapy. |
| Severe Psychiatric Damage (General) | Between £66,920 and £141,240 | The level of compensation will be impacted by several factors, such as how life, work, relationships, and education has been affected. affected an prognosis and how their relationships have been affected. This bracket will also consider prognosis and a claimant's future vulnerability |
| Moderately Severe Psychiatric Damage (General) | Between £23,270 and £66,920 | Bracket will consider factors as above, such as affect on relationships with loved ones and others. However, there will be a better prognosis |
| Moderate Psychiatric Damage (General) | Between £7,150 and £23,270 | As with the 2 brackets above, relationships and other areas of life may have been affected. However, claimants will see marked improvement and prognosis is good |
| Less Severe Psychiatric Damage (General) | Between £1,880 and £7,150 | Compensation considers the amount of time a claimant suffers from a disability and extent their daily activities/sleep have been affected |
| Severe Post Traumatic Stress Disorder (PTSD) | Between £73,050 and £122,850 | Claimant will not be able to function as they did before PTSD and may no longer be able to work. All areas of life are affected |
| Moderately Severe PTSD | Between £28,250 and £73,050 | Better prognosis than severe cases with some degree of recovery with professional help |
| Moderate PTSD | Between £9,980 and £28,250 | The claimant will have mostly recovered and any persisting effects aren't grossly disabling |
| Less Severe PTSD | Between £4,820 and £9,980 | Claimant will have made a near full recovery within 1 to 2 years |
Our team is here to help and answer whatever questions you have about compensation in personal data breach claims.
The Ethics of Filing a Claim Against the NHS
Some people may have concerns that making a claim against the NHS could negatively impact funding for vital healthcare services. However, that is not the case since compensation payouts in successful claims come from a separate budget belonging to the earlier-mentioned NHS Resolution. As already noted, this organisation handles compensation claims (including those involving data breaches) on behalf of NHS trusts and acts somewhat like an insurance provider.
If you do have concerns about claiming NHS data breach compensation, please do not hesitate to get in touch with an advisor. They can provide free, confidential advice and assess whether you have an eligible case.
How To Start A Claim For Healthcare Data Breaches
To make a claim for NHS data breach compensation, you will need to provide evidence supporting your case. In particular, your claim can benefit from the following:
- A copy of your medical records or a letter from a psychologist
- Payslips, bank statements, or receipts proving the financial harm you suffered
- Any correspondence regarding the breach, including emails or a data notification letter (if one was sent to inform you about your personal data being compromised)
- A copy detailing the findings of an ICO investigation if you decided to report the data breach to the organisation.
In addition to having sufficient evidence, you need to be certain that you have enough time to start your data breach claim. Generally, you have up to 6 years.
Talk to our team if you want to learn more about starting a data breach claim or how a solicitor from our panel could help you gather evidence.
What Data Breach Claims Can Do For You
Our panel of data breach solicitors have decades of combined experience advocating on behalf of clients. Those years of experience inform their every decision and their commitment to help all eligible claimants seek the compensation they are entitled to.
That is why they offer a type of No Win No Fee arrangement under the terms of a Conditional Fee Agreement (CFA). In short, it means you do not have to pay for your solicitor’s work:
- Before your data breach claim starts
- While the claim proceeds
- If you do not receive NHS data breach compensation
However, you will need to pay a success fee if you do receive compensation. This fee refers to the percentage of compensation given to your solicitor for their work. There is a legal cap in place, so you can rest assured that you will keep most of the money that is awarded.
Besides the advantages of a CFA, our panel can offer a range of services to support your data breach claim. These include:
- Handling all correspondence with the defending party
- Advising you throughout the process and explaining any terms you are unsure of
- Arranging an independent medical assessment to help support your case (they will discuss this with you beforehand)
- Negotiating a settlement that reflects the full impact of what you endured
Contact Us
Our team is ready to answer any questions you have and provide you with free and confidential advice. If you are ready to take the first steps to pursuing personal data breach compensation, please get in touch today:
- Call us on 020 8050 6279
- Contact us online
- Use our live chat
Learn More
Read our other guides:
- Visit our medical records data breach case study
- Learn about social media data breach claims
- Find out about third-party data breaches
External resources:
- Follow NHS guidance on dealing with stress
- Visit the National Cyber Security Centre guidance for families affected by data breaches
- Read NHS guidance concerning personal data breaches
We appreciate you taking the time to read our NHS data breach compensation guide.