Last Updated 26th November 2025. Whilst at work, you expect that your data will be handled with the utmost care, particularly when it concerns medical information. However, if you’re asking, ‘My employer shared my medical records without consent, what should I do?’ you’re likely navigating the fallout of your personal data being compromised. If you have been psychologically and/or financially harmed by your employer’s failure to comply with data protection legislation, you may be eligible to claim compensation.
At Legal Expert, we understand that compensation can’t undo the experience of a breach of medical confidentiality in the workplace in the UK, but it can provide financial relief and help you move forward. If you’d like to find out whether you can claim data breach compensation, please continue reading.
What You Need To Know About Workplace Data Breach Claims
- Does My Employer Need Consent To Share Medical Records? Generally, an employer needs your consent to both access and share your medical information.
- Are Medical Records Considered Sensitive Information? Yes, they are termed special category data, which means this information should be handled with a higher level of protection.
- What Medical Information Could An Employer Have? It may include sickness absence records, health monitoring data, and information needed for reasonable workplace adjustments.
- Can I Sue My Employer For Disclosing Medical Information? Yes, if you are financially and/or psychologically harmed by your personal information being compromised due to your employer’s failure to abide by data protection laws.
- How Can A Data Breach Solicitor Help Me Claim Compensation? A solicitor can negotiate compensation on your behalf, handle all paperwork, and help gather evidence to support your claim.
Whatever your questions, our team can help. Get in touch today and see if you can claim compensation with one of our expert solicitors.
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If you’d like to learn about the key points from this guide, why not check out our video below:
Can I Claim If My Employer Shared My Medical Records Without Consent?
A data breach occurs when the integrity, availability, or confidentiality of your personal data is affected by a security incident. This is any information that can identify you. We’ll discuss personal data further in the following section.
Data controllers and data processors are responsible for handling your personal data, and must do so in line with data protection law. A data controller decides how they want to use your data and why, whereas a processor follows the controller’s instructions in order to process it.
You might be wondering if you could make a claim for compensation after the disclosure of medical information without your consent in the UK. While you don’t always need to give consent in order for your personal data to be shared, you may be able to claim if you can prove that:
- A data breach occurred because a data controller or processor didn’t adhere to data protection law
- The data breach affected your personal data
- As a result, you experience financial and/or emotional losses
You can contact our advisors for free today to find out more about your eligibility to start a medical data breach claim.
What Is Health And Medical Special Category Data?
The legislation above protects the personal data of UK residents. This means any information that could identify you, such as your name, your email address, or your phone number. However, this also extends to a type of personal data known as special category data.
Special category data needs extra protection because it is sensitive in nature. Some examples of special category data can include information that reveals anything about your:
- Health
- Sexuality or sex life
- Racial or ethnic origin
- Religious beliefs
- Political views
- Genetic data
- Biometric data
However, it is important to note that there are separate conditions that data controllers and processors must meet when processing special category data.
Get in touch with our team to help if your employer shared your medical records in some way without consent.
What Could I Claim If My Employer Shared My Medical Records Without Consent?
A personal data breach can cause significant damage to both your mental health and your financial wellbeing. For example, you may suffer from anxiety after a data breach. Or, you may suffer from depression after a breach. If a data security incident causes you suffer from psychological injuries or if it makes your existing mental health problems worse, you may be able to claim for non-material damage.
Because every personal data breach claim is unique, we cannot provide an average amount for personal data breach compensation. However, in terms of non-material damage, solicitors often use a document called the Judicial College Guidelines (JCG) to help them value compensation claims. This is because the JCG showcases guideline compensation brackets, some of which you can find in the table below, aside from the first entry.
Please also note that these are guidelines only, and not a guarantee of compensation.
| Type of Harm | Severity | Guideline |
|---|---|---|
| Severe Instances of Psychiatric Harm + Financial Losses | Severe | Up to £500,000+ |
| General Psychiatric Harm | Severe (a) | £66,920 to £141,240 |
| Moderately severe (b) | £23,270 to £66,970 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less severe (d) | £1,880 to £7,150 | |
| Post-Traumatic Stress Disorder (PTSD) | Severe (a) | £73,050 to £122,850 |
| Moderately severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less severe (d) | £4,820 to £9,980 |
You may also be eligible to claim for material damage. This head of compensation aims to recoup the financial losses you suffer as a result of the breach. For example, you may experience a loss of earnings as a result of taking time off work.
To learn more about compensation in personal data breach claims, get in touch with our team of advisors today.
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Proving A Workplace Data Breach Claim
You must prove that your employer did not abide by data protection legislation, and that you’ve suffered psychological and/or financial harm as a result of a data breach, in order to make a successful medical information data breach at work claim.
Some types of evidence that can prove this include:
- A copy of your medical records, a diagnosis letter from a psychiatrist.
- Invoices, payslips, receipts, and bank statements.
- A copy of the notification letter or email.
- Findings from an ICO investigation – the ICO can potentially investigate the breach if you report it to them within 3 months of your last meaningful communication with the liable party.
- Copies of correspondence with the liable party, including where you have asked how the breach occurred, what personal data of yours was breached, and what steps are being taken to prevent a similar breach from occurring again.
If you are connected with one of our solicitors, they will help you prove that your employer disclosed medical information without consent. So, please don’t worry about collecting all of the above by yourself.
If you are wondering, “My employer shared my medical records without consent, how do I claim compensation?”, please contact us today to find out whether one of our solicitors can assist you.
Make A No Win No Fee Claim If Your Employer Shared Medical Records Without Consent
If you are wondering, ‘Can I claim if my employer shared my medical records without consent?’ this may be possible. However, you may benefit from the help of a data breach solicitor. Our solicitors may help you by:
- Walking you through the claims process
- Explaining key legal terms and documents
- Helping you obtain evidence
- Building your case
- Negotiating settlements on your behalf
Although you may be worried about the cost of legal representation, our solicitors may help you on a No Win No Fee basis. If you sign a Conditional Fee Agreement (CFA) with our solicitors at the beginning of your claim, you will have no worries about paying for their services. Here are some of the financial benefits of claiming through a CFA:
- You are not required to pay for the work our solicitors complete on your claim. This includes upfront or ongoing solicitors’ service fees.
- If your case is successful, a small legally capped percentage of your awarded compensation will be taken by our solicitors for their success fee.
- If your case is unsuccessful, you are not required to pay your solicitor a service fee.
If you are worried about the fact that your employer shared your medical records without consent, speak to our advisors about starting your compensation claim today.
- Call us on 0800 073 8804
- Contact us online
- Use the chat bubble below
My Employer Shared My Medical Records Without Consent – Learn More About Health Data In The Workplace
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For more information on what to do if your employer shared your medical records without consent, contact our advisors today.