…and here is the rub. This is why the NHS is torn apart by the media as the
DH mandates the need for NHS organizations to notify the ICO so the ICO sees
the NHS as disproportionately high. The sooner the mandatory notification
comes in the better, then people will see how good the NHS actually are in
terms of breaches per “transaction”.
I do worry about the large fines though. It somewhat encourages people to
sweep things under the carpet and I see breaches as an educational
opportunity in the first instance. However, there is a case that says you
can only be lenient for so long and then action MUST be taken.
Simon Howarth.
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 08 December 2011 08:49
To: [log in to unmask]
Subject: [data-protection] Record DP Fine
The Information Commissioner's Office (ICO) has today served a monetary
penalty of £130,000
<http://www.ico.gov.uk/news/latest_news/2011/%7E/media/documents/library/Dat
a_Protection/Notices/Powys_cc_mon_penalty_ENF0386991.ashx> to Powys County
Council for a serious breach of the Data Protection Act where the details of
a child protection case were sent to the wrong recipient. The penalty is the
highest that the ICO has served since it received the power in April 2010
and follows a less serious, but similar incident, which was reported by the
council to the ICO in June last year.
http://www.ico.gov.uk/news/latest_news/2011/powys-county-council-fined-for-d
isclosing-child-protection-case-details-06122011.aspx
Once again it seems that a council is fined even though it put it hands up
by notifying the ICO of the breach? Surrey County Council also told the ICO
of its breach but were still handed a £120K fine.
I am starting to wonder whether it is worth notifying the ICO?
There is no legal obligation to do so.
I would be interested in colleagues' views.
Regards
Ibrahim Hasan
Solicitor and Director
Act Now Training Limited
For training without the strain of the train:
www.actnow.org.uk
Follow me on Twitter: http://twitter.com/ActNowTraining
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