C, D, E, F and G appear to have potentially committed an offence of unlawful obtaining under s170 DPA, and I would treat that with the seriousness it deserves.
Jon Baines,
Chair,
NADPO
Sent from my iPhone
> On 20 Nov 2019, at 10:01, Naomi Lunn <[log in to unmask]> wrote:
>
> Hi, can anyone offer any opinions on the following scenario from a health setting?:
>
> Staff member A has a close relative, B, who has died whilst in the healthcare setting where they work.
>
> During a routine audit of records, it is found that staff members C D, E, F and G have accessed the records of B during their time as an inpatient, and after their passing - without a suspected clinical reason to. Initial fact finding meeting confirms this is the case, and they should not have accessed the files. They state that nothing has been shared and this is believed to be true. C-G are colleagues/manager etc of A, who is unaware of the access.
>
> In weighing up the impact and severity of potential harm and risk, how would it impact B as they have died? Even though it is not their data, would you look at the potential impact on A instead? Or would you treat it as though B were still alive?
>
> Would you report to the ICO?
>
> Any views on the whole case would be appreciated.
>
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