The ICO has found Grampian NHS in breach of the Data Protection Act after receiving reports of three separate incidents involving data security. A senior nursing manager inappropriately emailed 50 staff with sensitive personal details relating to a patient. Lack of secure storage on the labour ward enabled someone to remove the personal details of 200 patients from a confidential waste sack. Finally, a laptop containing details of patients in the gastroenterology clinic was stolen from a locked office. The laptop was not encrypted and contained personal data on 1500 patients with a particular disease.
The ICO has discovered that staff, patients and visitors could have had access to confidential waste, and that many staff have not been aware of the correct procedures for disposing of such material. It is also now clear that some staff have been using home computers for work-related tasks involving personal information and using USB sticks to transfer the work, contravening the organisation's own policies and procedures.
Ken Macdonald, Assistant Information Commissioner – Scotland, said: 'Details about people's physical and mental health are sensitive personal data. It is vital that organisations handle personal information securely, especially where patients' details are concerned. NHS Grampian will be taking a number of steps to improve data security to ensure that it complies with the Data Protection Act.'
The data controller shall, as from the date of the Undertaking and for so long as similar standards are required by the Act or other successor legislation, ensure that personal data are processed in accordance with the Seventh Data Protection Principle in Part I of Schedule 1 to the Act, and in particular that:
(1) Portable and mobile devices including laptops and other portable media used to store and transmit personal data, the loss of which could cause damage or distress to individuals, are encrypted using encryption software which meets the current standard or equivalent;
(2) Any personal data stored on portable devices or media is backed up to the data controller's network server on a daily basis, or at least at the end of every day on which changes have been made to the personal data. Confirmation of the success of each backup attempt is to be obtained from the IT department and any failure corrected without delay, or the device securely stored pending completion of a successful backup;
(3) Physical security measures are adequate to prevent unauthorised access to personal data;
(4) Staff are aware of the data controller's policies for the storage, use and disposal of personal data and are appropriately trained how to follow those policies;
(5) The data controller shall implement such other security measures as it deems appropriate to ensure that personal data is protected against unauthorised and unlawful processing, accidental loss, destruction, and/or damage.
Anyone who processes personal information must comply with eight principles, which make sure that personal information is:
a) Fairly and lawfully processed
b) Processed for limited purposes
c) Adequate, relevant and not excessive
d) Accurate and up to date
e) Not kept for longer than is necessary
f) Processed in line with your rights
g) Secure
h) Not transferred to other countries without adequate protection
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Source: K2 Advisory