Feeds

Man gets £12,500 after girlfriend probes his medical data

Nurse ex-partner's data breach cost him a job

Providing a secure and efficient Helpdesk

This is a rare event indeed: a data subject has taken successful action for compensation under section 13 of the Data Protection Act. Normally what happens if a data controller has caused damage is that there is an out-of-court settlement with a gagging (sorry "confidentiality") clause so no-one is the wiser.

The claimant brought an action following an unauthorised disclosure of his personal medical data from the Plymouth Hospital NHS Trust, in or about December 2007. The partner of the data subject had unlawfully accessed his medical records in the course of her employment as a nurse and thereby committed a breach of the Act. This and the handling of his resultant complaint caused a four-and-a-half year exacerbation of a pre-existing paranoid personality disorder and prevented him also from accepting an offer of employment.

Honour Judge Cotter QC, sitting at Plymouth County Court, assessed damages for personal injury under section 13 of the Data Protection Act 1998. He awarded £12,500 for exacerbation of the claimant’s pre-existing condition and £4,800 for loss of earnings on the premise that he had been offered six months' work. However, this was awarded in light of the medical evidence – viz, that he would have been unable, probably, to sustain employment for any length of time and would have been likely to have held a job down for only eight weeks.

A claim for aggravated damages failed. ®

This story originally appeared at HAWKTALK, the blog of Amberhawk Training Ltd.

Beginner's guide to SSL certificates

More from The Register

next story
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
'Cowardly, venomous trolls' threatened with TWO-YEAR sentences for menacing posts
UK government: 'Taking a stand against a baying cyber-mob'
Doctor Who's Flatline: Cool monsters, yes, but utterly limp subplots
We know what the Doctor does, stop going on about it already
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Arab States make play for greater government control of the internet
Nerds told to get lost in last-minute power grab bid at UN meeting
Zippy one-liners, broken promises: Doctor Who on the Orient Express
Series finally hits stride, but Clara's U-turn is baffling
Don't bother telling people if you lose their data, say Euro bods
You read that right – with the proviso that it's encrypted
Apple SILENCES Bose, YANKS headphones from stores
The, er, Beats go on after noise-cancelling spat
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.