Author: Matt McConville

GDPR Team

Ian Kyle

Director

Matt McConville

Senior Associate

Lee Wall

Associate

Damien Gill

Senior Associate

Joseph Waters

Solicitor

NHS Commissioning Board data breach

Discovery

Irvings Law have successfully represented a client in a data breach compensation claim against the National Health Service Commissioning Board; but that said client wishes to remain anonymous for the purposes of this case report.

The Client’s father was in a care home. In or around September 2019, the Client made an appeal via the National Health Service Commissioning Board regarding the funding of his father’s care home. As part of the appeal’s process, the Client provided two forms of ID to the National Health Service Commissioning Board.

Around October 2019, the Claimant was informed by their father’s care home that the National Health Service Commissioning Board had provided them with copies of ID but no such consent was ever obtained to disclose the same. As such, the Claimant made a formal complaint and they, after 8 months of challenging their unlawful actions, were finally told that a breach had occurred.

Representation

After this, the Claimant sought expert legal data breach assistance and found Irvings Law. Miss Yvonne Dobson offered no win no fee terms to the Claimant without hesitation before then presenting a Letter of Claim for compensation on behalf of the Claimant to the National Health Service Commissioning Board

Resolution

Unfortunately, the National Health Service Commissioning Board failed to respond to the Letter of Claim or engage with Miss Dobson at all despite numerous chasers over another period of time. Due to this, Miss Dobson issued Court proceedings on behalf of the Claimant and after serving them upon the National Health Service Commissioning Board, negotiations as to settlement began. The Claimant was happy to resolve her claim subsequently in the sum of £7,000.00.

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