The ICO has today published details of a DPA undertaking signed by a GP practice which (prepare yourselves...) was using a free web-based email provider to send patients information about smear tests. Said account was hacked, and although no sensitive data was disclosed, the use of the provider and the hack itself were a breach of the 7th Data Protection principle:
http://www.ico.org.uk/news/latest_news/2013/gp-practice-in-county-armagh-warned-after-email-attack-26042013
What interests me is that most well-known web-based email providers use cloud storage, and most are US firms, where storage is likely to be outside the European Economic Area. If that's the case (and I've asked the ICO if they can provide further details) then the ICO could have found - and enforced against - an 8th principle breach.
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
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