Liverpool University Hospitals NHS Foundation Trust Data Breach

Background

Mr. Damien Gill, Senior Associate, recently represented a client in respect a data breach against his local NHS Foundation Trust. The claim was put forward following an individual data breach.

The client in question (who would like to remain anonymous) was informed that a letter was sent out to his previous address. This letter contained very sensitive medical and personal information. It was sent out to his previous address, despite the fact that he had contacted the hospital previously to update his address.

Representation & Resolution

Following the incident in question, the client got in contact with us and a letter of claim was sent to the NHS trust in question. Our client wanted compensation in relation to the data breach 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 breach had occurred and they accepted liability, upon receipt of the formal letter of claim. Following negotiations between the parties, the case settled for £3500 and the Defendant also agreed to pay the Claimant’s legal costs.

Our client was very happy to have closure following the data breach in question and he was also very happy that his case was concluded so quickly.