ICO is leaving no stone un-turned to punish data breach culprits. It is levying fines to those who compromised private data, especially children’s sensitive data.
Recently the council fined the Midlothian Council a record fine of £140,000 for disclosing sensitive child data. And we are not talking here about just one breach. There were 5 breaches between Jan and June 2011.
The case in detail
Breach 1 – This happened when documents related to the status of a foster carer were sent to seven healthcare professionals, who had no reason to see this data.
This particular incident took place in January 2011 and details came to light only in March when the council started to investigate. In spite of the investigation similar incidents took place in May and June.
Breach 2 – Minutes of a child protection conference were sent by mistake to the former address of the mother’s partner, where they were opened and read by an unauthorized individual. The documents contained personal data about the mother, who made a complaint to her social worker about this case.
Assistant Commissioner for Scotland Ken Macdonald said “the serious upset that these breaches would have caused to the children’s families is obvious and it is extremely concerning that this happened five times in as many months.’
“I hope this penalty acts as a reminder to all organizations across Scotland and the rest of the UK to ensure that the personal information they handle is kept secure.”
He further added that information about children’s care, details about their health and wellbeing, is the most sensitive information that is held by local authorities. It goes without saying that this information has to be protected and that strict policies are to be chalked out and followed.
The ICO’s investigation
According to the ICO all five breaches could have been avoided if the council had been strict about protection policies, training and had put checks in place. It has further ordered the council to take action to keep the personal data secure.
Since the incidents the council has recovered all of the information that was sent to the wrong recipients and is updating its security policies.
What the the ICO chiefly wants is that the government should give itstronger powers to audit local councils’ data protection compliance, if necessary without consent.
NHS bodies across the UK want the same kind of powers in light of the recent data protection breaches.
Midlothian Council comments:
Colin Anderson, chief social work officer for Midlothian Council, commented: “As soon as the council discovered the problem, it investigated and found eight letters or documents had been sent to the wrong recipients, for which the council is sincerely sorry.
“The council immediately took steps to retrieve the information, or have it destroyed, and voluntarily reported ourselves to the information commissioner. I must emphasise that there is no evidence that anyone was put at risk.
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