June, 2010

The Information Commissioner’s Office (ICO) remains highly concerned that data breaches involving people’s personal information are continuing to occur in NHS organisations.

Today NHS Stoke-on-Trent and Basingstoke and North Hampshire NHS Foundation Trust are the latest NHS bodies found to have breached the Data Protection Act (DPA). Both NHS organisations’ chief executives have signed formal Undertakings outlining that they will process personal information in line with the DPA.

Mick Gorrill, Head of Enforcement at the ICO, said: “Everyone makes mistakes, but regrettably there are far too many within the NHS…”

The NHS organisations have agreed to implement a number of security measures to protect personal information more effectively. All staff will be made aware of the organisations’ policies for the retention and use of personal data and will receive training on how to follow those policies.

NHS Stoke-on-Trent will also apply physical security measures in respect of paper medical records, particularly when they are in transit. The ICO can issue a monetary penalty for serious breaches of the Data Protection Act.

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The Information Commissioner’s Office (ICO) has found Lampeter Medical Practice to be in breach of the Data Protection Act, after an unencrypted memory stick containing the personal details of 8,000 patients was reported lost to the privacy watchdog.

In March 2010, a member of staff downloaded a database containing patient details in contravention of practice policy. The staff member downloaded the information on to an unencrypted and non password protected computer memory stick which was then posted by recorded delivery to the Health Boards Business Service Centre. The memory stick did not arrive at its intended destination and is now accepted to be lost.

Sally-anne Poole, Enforcement Group Manager, said: “It is unnecessarily risky to download 8,000 personal details on to a memory stick. It is imperative that staff are made fully aware of an organisation’s policy for securing personal data and any portable device containing personal information should always be encrypted to prevent it being accessed in the event of loss or theft…”

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West Berkshire Council is taking remedial action after the Information Commissioner’s Office (ICO) found it in breach of the Data Protection Act (DPA) following the loss of a USB stick containing the sensitive personal information of children and young people.

The details, said to be of ‘a handful’ of children, would be available to anyone finding the memory stick, which was unencrypted and not password protected.

The ICO found that unencrypted devices, in operation before the council introduced encrypted memory sticks in 2006, were still being used by members of staff. Further enquiries revealed staff had not received appropriate training in data protection issues and monitoring of compliance with the council’s policies was found to be inadequate. This is the second data security incident reported by West Berkshire Council within six months.

Nick Carter, Chief Executive of West Berkshire Council, has now signed a formal Undertaking to ensure that portable and mobile devices used to store and transmit personal data are encrypted.

Sally-anne Poole, Enforcement Group Manager at the ICO, said: “It is essential that organisations ensure the correct safeguards are in place when storing and transferring personal information, especially when it concerns sensitive information relating to children. A lack of awareness and training in data protection requirements can lead to personal information falling into the wrong hands. I am aware that staff have been provided with encrypted USB sticks since 2006 but older devices were not recalled…”