HELP?? LBA - complicated, Data Protection, GDPR, privacy & human rights

[Groud]

Hi. Am new to this forum and would really appreciate any help possible. I am trying to put together a letter before action - as per pre-action protocol for media & communications claims. It's pretty complicated, but the basic run down is that an NHS trust has repeatedly, over several years disclosed details about my health to others, both directly, from as mild as confirming I'm a patient in certain departments (under a psychatrist), right through to sharing specific details about current diagnoses, behaviour etc. I am classed as a vulnerable adult, but am in no way lack capacity or am a danger to myself or others etc - so doesn't fall under any of the exemptions. Think depression, anxiety, PTSD, that sort of thing. I previously tried to do a SAR to clarify some of the communications they had with other people and they refused to disclose to me.

so, fast forward to this year. I did another SAR - which proves that they disclosed certain details to a person - who is not a relative, and indeed is a threat to me - which they knew about, over a period of a few years, I still don't have the full details of how much information they disclosed, but can prove that they did so. I can also prove and is documented that they disclosed some extremely sensitive medical information to another person which led to significant damage to me. I'm assuming that these instances all fall under privacy/breach of confidence, data protection and human rights. In addition I have a voicemail (because they were too stupid to hang up after they left me a message) where a receptionist was gossiping about me to another receptionist in a public space - which I'm assuming falls under data protection breach? And the refusal to comply with the SAR - which I believe was to attempt to cover up the amount of information they have disclosed to the first person, I'm assuming is a GDPR breach.

So, I guess my question is - with it being so complicated and with there being a number of instances and it falling under so many different categories of breaches how exactly do I word the letter before action? Should I do a separate background of claim for each incident? Or as it's only a letter before action could I basically say what I've written here - and add the specifics and the legislation etc?

Thanks in advance

[islandgirl]

This is extremely similar to a case with extensive discussion here - perhaps do a search and find out what was said about that case - it may help.

[Groud]

Thanks. I've tried a few searches and haven't been able to come up with anything. The nearest I've found was something to do with astronomy. I'll keep looking.

[Pezza54]

Please read the article "NHS Data Breaches - Am I Entitled to Compensation?" at www.farleys.com

This firm is currently investigating data breaches by nhs trusts on behalf of clients

To make a successful claim you will probably need to show you have suffered loss caused by the data breach, although there was a claimant that suffered anxiety and her claim was successful

[Groud]

Hi. Thanks. Yes, I've read all the blogs and I know I've got a good case, and I can evidence the harm caused by their actions. My issue isn't really the case itself - its just how to word the letter before claim - whether I should section it all out as I would in a particulars of claim eg 1st matter complained of, 2nd matter complained of ... or whether it would be fine for a pre-action to detail a group of the things they have done wrong and a list of the legislations they have breached.

[Pezza54]

Have you already made a complaint to the trust?
If you did you can refer to this letter, state you are unhappy with their response, and you can lump the data breaches together
You should also state what you are claiming

[Groud]

Yes have complained before and they've always denied it and fobbed me off. Now I have incontrovertible proof and frankly am done with giving them chances to try to lie to me. The latest breach was the final straw.