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The interesting issue is whether the Trust will appeal.
The current level of fines (e.g. £80K) means that the costs of mounting an appeal is not attractive.
It is also risky. If one looses at the Tribunal, you loose the 20% or so for prompt payment and end up paying the full monetary penalty plus your own costs (which will be about £20-£30K or so).
However, at £325K – there might be an appeal to reduce the amount.
C
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 01 June 2012 10:52
To: [log in to unmask]
Subject: Re: [data-protection] £325k CMP for NHS Trust
Department of Health accredited Sussex Health Informatics Service heavily implicated in this breach: they were data processor appointed by the Trust to decommission hard drives which eventually ended up on eBay. There are some serious and broad implications here.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: Friday 01 June 2012 10:44
To: [log in to unmask]
Subject: [data-protection] £325k CMP for NHS Trust
The ICO has just announced it has imposed a £375,000 monetary penalty notice on Brighton and Sussex Hospitals NHS Trust following "the discovery of highly sensitive personal data belonging to tens of thousands of patients and staff – including some relating to HIV and Genito Urinary Medicine (GUM) patients - on hard drives sold on an Internet auction site in October and November 2010."
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
Buckinghamshire County Council
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