Essex Partnership University NHS Foundation Trust Data Breach

Background

Mr. Damien Gill, Senior Associate, recently represented a client in respect a data breach against her local NHS Foundation Trust. The claim was advanced following two separate data breaches, involving the NHS trust in question.

The client in question (who would like to remain anonymous) had a letter sent out on two separate occasions to the incorrect address. This letter contained sensitive medical and personal information in relation to medical appointments. Following the initial incident in June 2020, our client reported the matter but it transpired that a further letter was sent out in October 2020. This was very distressing for our client.

Representation & Resolution

Following the incidents in question, the client got in contact with us towards the end of 2020. Our client wanted compensation in relation to the data breaches that occurred. A claim was advanced on our client’s behalf under the General Data Protection Regulations (GDPR). It was also alleged that there had been a breach of Article 8 of the Human Rights Act 1998 and a breach of confidence and a misuse of private information.

The NHS trust in question accepted that the data breaches had occurred and they accepted liability, upon receipt of the formal letter of claim. Following discussions between the parties, the case settled for £3000 and the Defendant also agreed to pay the Claimant’s legal costs.

Our client was very happy to have matters resolved swiftly as she was keen to put these data breaches behind her.