Our specialist team here at Irvings Law have successfully represented a client in an action against Nottinghamshire NHS Trust for their breach of the Data Protection Act 2018/General Data Protection Regulations 2018, a breach of Article 8 of the Human Rights Act 1998, a breach of confidence and a misuse of private information. The client wishes to remain anonymous and for the purposes of this case report will be referred to as the “Mr G”.
On the 19th September 2019, a letter was posted by Nottinghamshire NHS Trust concerning an appointment for Mr G with a Psychiatrist and Community Psychiatric Nurse/Occupational Therapist. However, the letter had the wrong house number on it and was sent to Mr G’s neighbour instead whom opened it.
As a result, Mr G made a complaint via email. In response, Nottinghamshire NHS Trust apologised and advised that safeguards had been identified to ensure it would not happen again.
As this was not enough for Mr G, he sought expert assistance from our specialist team here at Irvings Law. Without hesitation, we offered to act for Mr G on a no win, no fee basis and once instructed, we lodged a Letter of Claim to Nottinghamshire NHS Trust. It was abundantly clear to us that Nottinghamshire NHS Trust erroneously disclosed sensitive medical and personal information pertaining to Mr G without consent which they admitted and apologised for doing.
We specifically alleged that Nottinghamshire NHS Trust had not kept Mr G’s sensitive information safe and secure, they had breached / invaded his privacy under the Human Rights Act, had breached the Data Protection Act 2018/the General Data Protection Regulation (GDPR) as well as confidence following their misuse of private information pertaining to Mr G.
Upon receipt of Mr G’s claim, Nottinghamshire NHS Trust admitted the alleged breaches and made an offer of £2,500.00 plus legal costs to Mr G which was happily accepted to see a quick and swift conclusion to matters.