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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have just accessed my mental health records from the local

Customer Question

I have just accessed my mental health records from the local trust including who has accessed my file.There are my medics who have accessed which is fine but also many others about 15 during 2010 and 2016. I was discharged from the Trust in 2007 having been in remission 5 years.One of the people who has accessed my file is an ex friend who attended a mental health support group I was running, and I also went on a villa holiday for aweek in Italy in 2008, with 4 others. She accessed my file 4 times in 2010 and 2011. When I knew her she was working as a doctors receptionist so I presume this is how she got access. Each access is about lunchtime.No one should have needed to access my file since 2007, as I had no problems and was under the same Gp for many years.
The Trust Information Governance Dept is investigating, but can you tell me what legal action I should take, if any, as this is a gross breach of confidentiality, in my view.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
This may be a breach of the data protection act in which you could claim compensation.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 10 months ago.

It seems about 14 ppl have accessed my file including my friend none of which are medics. I feel violated as there is a lot of personal infoon there. What would reasonable compensation be ?

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