JISCMail - DATA-PROTECTION Archives

Oo - good one. Because, as has been pointed out to me off-list, cloud providers may well have safe harbor status, so the transfer in itself might not have been a breach.

Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
follow us on twitter: @buckscclegal

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: Friday 26 April 2013 13:49
To: [log in to unmask]
Subject: Re: [data-protection] ICO undertaking for GP Practice

... and prosecuted (s21(2)) as the practice notification restricts all three categories of processing as "None outside the European Economic Area" ...

----- Original Message -----
From: Baines, Jonathan
Sent: 04/26/13 01:14 PM
To: [log in to unmask]
Subject: [data-protection] ICO undertaking for GP Practice

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
follow us on twitter: @buckscclegal

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