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suing NHS for sending extremely personal info to wrong address

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pdrpaul

Active member
Joined
Mar 17, 2015
Messages
35
hi all i had extremely personal info sent to a neighbor as my phsyc was a trainee and foreign and she got my address wrong bout 18 months ago, has anyone ever sued the nhs for data breach etc for similar. i have just received another letter ie questionaire which was also addressed to the previous wrong address that i have never lived at. my door is 20 and its been sent to number 2 :( has proper messed me up and im sick of so called professionals making stupid mistakes
 
Poppy2014

Poppy2014

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Jun 16, 2015
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depends on what time I post.
No, but you have a good case, you also need to inform the hospital PALS and information governance team as these will cost the trust a lot of money in fines.
Good luck.
 
Edinscotbrit

Edinscotbrit

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Mar 20, 2019
Messages
321
Location
Scotland
Unsure, depends if you have deep enough pockets.

Bearing in mind it`s a huge organisation, with an equally big legal department. Also not a guarantee that you will win, you could lose and face court costs.

Maybe start off with a complaint and go from there.
 
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indigo6

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Jan 30, 2019
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2,525
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UK
Feel very sorry for you, Id hate that. Its a fear of mine as I have a privacy/paranoid issue. Not that I think its a problem wanting to be private.
You should take action. They need to learn to get it right.
Besides it would be a good idea for very private information to be sent registered delivery to stop this kind of thing happening.
 
fazza

fazza

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Jul 23, 2014
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U.K
Companies and organisations including government run organisations are currently terrified of the new GDPR.
Perhaps a consultation with a solicitor would be the best bet. It may cost but it may well be worth it. Only they can tell you if you have a valid claim.
 
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pdrpaul

Active member
Joined
Mar 17, 2015
Messages
35
thanks guys im going to go to citezens advice and see how to take this further
 
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indigo6

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Jan 30, 2019
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May not cost you anything upfront, like Fazza said the GDPR issue might be enough to make them pay up and there may be a solicitor that does the no win no fee claims.
Sounds merciless but they are idiots.
 
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dancerpainter

Member
Joined
Dec 1, 2019
Messages
14
Location
UK
Data breaches are more rife than you think in the NHS.

Your best bet is to raise a complaint with the mental health trust and also the ICO but one random letter won't gain you a lot of compensation, it all depends on what the letter contained. Most you'll get is an apology if that.

Also have a read of polices and procedures for your mental health trust, so you can understand what they are supposed to take action wise with a data breach.

This year I made a request for my own mental health notes, it took the trust more than three months to supply them (breach 1) they failed to respond to my request for rectification (breach 2) and finally (breach 3) when they did send my notes via unsecured email links I downloaded the notes of five other mental health patients all not password protected. Now that's a serious data breach and those other five patients should get a substantial payout in compensation from the mental health trust who breached their data in such a way.

The ICO investigated mine as it was so serious. The trust reported the breach in 72 hours as per the DPA law in the UK. However they didn't get a fine... Just a telling off and them promising they wouldn't do it again. The ICO agreed they failed to respond to my request and made the trust contact me to start the rectification of my notes.

Plenty of half hearted apologies from the trust.
 
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Gail254

New member
Joined
Dec 5, 2019
Messages
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Location
Uk
Hi, I had to comment I'm arguing the same at minute.
NHS send my records to another lady, marked her records as mine, she had psychotic issues I had physical issues, they treated me with strong benzos and were sectioning me, wrongly.
This has only just came to light.
I complained to gp and basically got a " send us your proof or we will sue you as YOU are breaching data protection and we will get lady x to sue YOU for breaching HER data "
Went through ICO and some data place you complain to about these breaches, got a response from nhs saying because they rectified it it's fine. The nhs added if I feel I have a claim I should pay for a solicitor I couldn't find one to take it no win no fee. I was like I've been wrongly medicated and had my info shared and that's it? For years? LOL.
THE ABSOLOUTE KICKER OF IT ALL?
What I had, if treated in a reasonable amount of time, was curable. Now it's not. If they hadn't mixed me up Id be ok, now I'm disabled for life and they don't see how it affected me so I got 0 compensation.

Also, with the addresses, when I lived at 1 x street then moved to 4 Y street they send letters to 1 Y street and they got my colonoscopy results about me having a growth before I did. And didn't have the decency to tell me for weeks! Nothing got done except change address. I do feel a lot of mine was swept under.


Good luck!!!
 
Warrior

Warrior

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Jul 23, 2019
Messages
1,518
Location
UK
hi all i had extremely personal info sent to a neighbor as my phsyc was a trainee and foreign and she got my address wrong bout 18 months ago, has anyone ever sued the nhs for data breach etc for similar. i have just received another letter ie questionaire which was also addressed to the previous wrong address that i have never lived at. my door is 20 and its been sent to number 2 :( has proper messed me up and im sick of so called professionals making stupid mistakes
I've never done suing for this reason but only doctors but this link may help you.

 
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