Simon,
I see your point in that the NHS does receive a lot of attention from the ICO. I would add the context is very important to these press releases and the wider regulatory framework that they exist within. On the one had NHS have avoided fines (so far).
I think that the ICO focus on the NHS, is, in part, part of a wider regulatory strategy to increase the temperature in the DP pool. The more these breaches are mentioned, the more it shows the regulatory framework has changed. The threat of a fine since 1 April 2009 began to increase the temperature. With the first fine, the temperature went up dramatically. Organisations that may have risked assessed the possibility of an ICO enforcement as low are now likely to be rethinking their approach and ramping up their work on DP.
The other point to bear in mind is that the NHS is unique in that most of (if not all) of its work involves sensitive personal information. Unlike a council, which may have a smaller subset of sensitive personal information, the NHS is likely to have a smaller subset of information that is *not sensitive* personal information. Therein lies the NHS's eternal challenge because the smallest mistake has immediate consequences.
Best,
Lawrence
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 04 July 2011 11:56
To: [log in to unmask]
Subject: Re: [data-protection] NHS Undertakings
This sort of thing from our illustrious enforcer makes me angry.
The NHS is a HUGE organization, and in the context of the number of "accesses" it makes in a day in dealing with patient information the NHS as a whole is actually pretty good.
The other thing, that I repeat so often, is that the NHS is the only organization MANDATED to report all information losses which means that it appears far worse than it is because a lot of public organizations don't inform anyone when there is a breach below a certain level.
The NHS is one of the ICOs "easy targets" and whilst the NHS is by no means perfect I know for a fact that there are public bodies out there whose information management processes would make your toes curl.
Simon Howarth.
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 01 July 2011 10:27
To: [log in to unmask]
Subject: [data-protection] NHS Undertakings
The ICO has issued five new undertakings to NHS trusts following breaches of the DPA, and issued a statement saying "The health service needs to do more to keep patients' personal information secure".
Still no s55 fine for NHS though: http://www.ico.gov.uk/~/media/documents/pressreleases/2011/nhs_data_breaches_news_release_20110701.pdf
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
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