HNK Solicitors recover £10,000 for client following a data breach

HNK Solicitors recently recovered £10,000 for a client following a data breach from an occupational health provider. Our client, referred to as ‘D’, had their private and personal details shared by an occupational health provider with their employer and another occupational health company, without their consent. As such, they suffered distress and inconvenience.

In this article, we’ll discuss the background of this case, explain why the client was eligible for compensation, and explain how we helped secure £10,000 compensation for them. This case was handled by Dan Higham, Solicitor.

Background of the case

Our client (‘D’) attended an occupational health appointment with the Defendant on 16th December 2024.

The Defendant confirmed that the report would be sent to D before it is sent to their employer. However, the report was sent to D’s employer and another occupational health company before D had received the report, and without D’s permission or consent.

The report contained D’s:

Treatment details
Medical conditions and diagnoses
Physical symptoms from those diagnoses
Medical history and current medication
Past psychiatric history
Personal history

As a result of the unauthorised disclosure, D suffered distress and inconvenience. Having private and personal medical records shared without consent can be a very traumatising experience and, in this instance, could have resulted in negative consequences in regard to their employment.

Occupational health concept image. A person typing on a laptop with graphics floating over the keyboard that represent areas of occupational health

The Law

The Data Protection Act 2018 and UK General Data Protection Regulation both impose extensive and detailed requirements on organisations that store or process personal data.

One part of those extensive and detailed requirements is an obligation to ensure that personal data is processed with the appropriate safety and security.

A breach of the above obligations, as well as any other data protection obligations, entitles those who are affected to claim compensation for the distress and inconvenience suffered as a direct result of the data breach.

The Claim

D instructed HNK Solicitors in January 2025 to act on their behalf in this matter. We accepted instructions on a no-win, no-fee basis, and the case was handled by Dan Higham, Solicitor.

D claimed damages for breaches of legal obligations under the Data Protection Act 2018, and the UK General Data Protection Regulation (UK GDPR).

A letter of claim was served on the Defendant. The Defendant, in response, neither admitted nor denied responsibility for the breach and legal liability, but indicated that they wish to resolve the matter nonetheless.

HNK Solicitors, as a result of expertise and experience in this specialised area of law, took instructions from D regarding how the breach had affected them.

D confirmed that, as a result of the breach, they had suffered with several symptoms, including anxiety, stress, anger, annoyance, frustration, and sleepless nights. D also had pre-existing symptoms of anxiety and depression exacerbated by the incident and had to take time contacting the Defendant and the Information Commissioner, causing D further inconvenience.

HNK Solicitors advised D of the value of their claim for the distress and inconvenience of the data breach and advised D to put forward a reasonable offer of settlement to resolve the matter.

Negotiations took place between the parties, and the claim was settled for a total sum of £10,000 in full and final settlement of D’s damages and legal costs.

Data breach image. Graphic of a blue digital fingerprint on a blue background with data breach written over the top on a red box

Why make a data breach claim?

Data breaches can negatively impact an individual in many ways. The invasion of your privacy is troubling enough, but you can also suffer financial losses, identity theft, fraud, and mental health implications like distress and anxiety. It can leave long-lasting damage on an individual.

Any company or organisation that collects and retains your data legally has to keep it safe, secure, and up to date. It should be handled with the utmost care. This is why data protection regulations are in place to ensure companies abide by these laws – and are held to account if they do not. As such, if your data has been breached as a result of it being mishandled, you are well within your rights to seek compensation.

Making a data breach claim can help you to get compensation for any losses you may have suffered, as well as any emotional damage or distress the breach has caused you. This compensation can help you move on from the incident and help you recoup any losses suffered as a result.

To learn more about how to get data protection breach compensation, read our blog on the subject. It is advised that you seek the help of a specialist data protection solicitor, as they can help ensure you get the maximum amount of compensation you’re entitled to, amongst other benefits.

HNK Solicitors can help with your data breach claim

If your personal data has been exposed, lost, insecurely held, or held inaccurately, contact our Data Protection department to see if we can assist with obtaining compensation on your behalf. We have a team of experienced data breach solicitors who can help clients to fight for the compensation they deserve after their data has been breached.

Get in touch with the team today on 0151 668 0813 or enquiries@hnksolicitors.com. You can also fill in our online claim form with details of your case, and one of the team will be in touch to arrange a free consultation.