Either/or on the Police front. In the issues I have dealt with in the past, the ICO has decided this as part of their investigations.
Simon.
Simon Howarth MSc. MBCS CITP CIPP/E
Director & Consultant, Data Protection Officer
The Information Edge
(Webtech Systems Limited)
Tel. +44 (0) 7836 365588
www.the-ie.co.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Naomi Lunn
Sent: 20 November 2019 15:53
To: [log in to unmask]
Subject: Re: [data-protection] Breach query
Thank you all, this is all most helpful and has vindicated our initial response of reporting it.
In terms of it being an offence - is it up to us to report to the Police, or will the ICO do that if they deem it necessary? Sorry if that's an obvious question.
Naomi Lunn
Information Governance Lead
LOROS, Groby Road, Leicester LE3 9QE
(0116) 231 3771 |loros.co.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 20 November 2019 13:16
To: [log in to unmask]
Subject: Re: [data-protection] Breach query
Agree with others.
Unless those accessing have a valid explanation - most unlikely - I would report this to ICO. You should judge risk to rights and freedoms at time of breach - ignoring subsequent decease - and this is access by multiple parties.
Probably does not meet "high risk" GDPR criteria for reporting to subject BUT it was a breach of confidentiality and it is clear in NHS that this should be reported.
See the NHS “Guide to confidentiality in health and social care” published in 2013. This states “In the unlikely event that confidential information about an individual is inappropriately disclosed, the individual should always receive an explanation and an apology."
Obviously we cannot inform the subject but this should be done to his PR - who may or may note be A.
PS - whoever used "unlikely" in the guide was probably new to NHS IG ...
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