Welcome To The Data Leak Lawyers Blog

NHS staff accessing neighbour’s medical records is NOT okay

There is a recent worrying trend of NHS staff being caught out snooping on people they know, or are related to, by abusing their powers to access their medical records.

Let’s be absolutely clear: it is NOT okay for any member of the NHS to access their neighbour’s medical records without good reason or due authorisation.

If you are informed that a member of the NHS staff has accessed your medical records in such a way, or if you discover it has happened, you may be entitled to claim for data protection breach compensation.
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Council data protection breaches are serious and highly sensitive

Data protection breaches committed by councils / local authorities – or the companies they outsource work to – can be unfortunately common. We advise and represent a large volume of people who have been the victim of a data breach caused by their local council, so we understand how bad they can be.

The serious council data protection breaches can cause a lot of problems for the victims, and given the nature of data that local authorities often hold – these type of breaches can be very sensitive indeed.
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Ex-soldier prosecuted for posting vulnerable adult’s sensitive data on Twitter

The Information Commissioner’s Office (ICO) has released the details of a prosecution and a police undertaking after private and sensitive information was intentionally leaked on social media platform Twitter.

William Godfrey from Kent had been in a relationship with a probation officer when he came into possession of a USB data stick containing sensitive data. He later tweeted some of the sensitive data on the USB device and threatened to release more data as well.

For their part, Surrey Police signed an undertaking to improve their data protection policies and procedures.
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Council worker fined after being caught sharing personal data on Snapchat

It’s not only NHS workers who are breaching data protection rules by accessing medical records when they shouldn’t be. There’s also a worrying trend of data being breached by the rogue actions of employees, and with data being so easily shared nowadays, we remain concerned.

With a huge amount of councils lacking proper mandatory data protection training, you could argue there are potentially thousands of employees out there who don’t know any better. This is not good enough, and these prosecutions should serve as stern warnings to both employers and employees about breaching data protection rights by illegally sharing data.
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New ICO powers to fine organisations up to £17 million

Law changes in the coming months mean that the Information Commissioner’s Office (ICO) enforcement powers will no longer be subject to a maximum penalty fine of only £500,000. If any person, company or organisation is found to have breached Data Protection laws in the U.K., they may find themselves slapped with a much heftier fine.

The new maximum fine can be 4% of the company’s global turnover or €20million (almost £17million); whichever is the largest.

The government is introducing this as they adopt stricter E.U. laws for data protection into U.K. legislation. Despite Brexit, the government have said that the new regulation will be implemented by May 2018 in any event.
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ICO study deems website privacy notices are too vague and inadequate

National statistics suggest that 87.9% of all adults in the U.K. use the internet. With some 45.9 million internet users, almost all Britons have access to the internet at work or for leisure.

Most of us carry a smartphone or an internet-connected device and are regularly checking the news, making purchases, watching videos, or logged in to social media. In one day, we may have visited over 20 sites, and the question is: how many of these take information about you and use it without your knowledge or consent? How many websites are truly safe?
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Multiple British intelligence and law enforcement agencies to investigate Uber hack and cover-up

Uber recently admitted to a historic data breach that compromised personal data belonging to some of its 57 million users and drivers worldwide. With six million of those users in the U.K., a significant number of people in Britain are expected to be potentially at risk of further criminal activity like fraud and digital harassment.

To make matters worse, the breach happened a year ago in October 2016, but instead of telling the authorities, Uber decided to ‘handle it’ by finding the hackers and paying them off to keep quiet.
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ICO fines Verso Group £80,000 for breaching data protection laws

The Information Commissioner’s Office (ICO) has issued an £80,000.00 fine to broking company Verso Group (UK) Limited. The ICO found that the company violated data protection laws because it didn’t adequately inform data subjects what was being done to their personal information.

Whilst investigating two other companies for breaches of the Privacy and Electronic Communications Regulations, the ICO noticed that Verso Group may have been supplying the two companies with personal information for the others to send unsolicited direct marketing communications to unwilling subjects. One of the companies, Prodial Ltd, was fined for making 46 million nuisance calls and was subsequently fined £350,000 by the ICO.
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Three NHS employees found guilty of illegal data snooping

Despite Information Commissioner’s Office (ICO) warnings, NHS employees are continuing to breach data protection laws. We again see employees being found guilty of illegally accessing medical records belonging to people they know – i.e. family, friends, neighbours and colleagues – we assume this data snooping is merely to satisfy their curiosity.

In this latest batch, three perpetrators were fined by the ICO for their clear and obvious breaches, and we are yet again left wondering what can be done to stop these continual events happening.
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Does a company have to report a data breach?

The simple answer is – at the moment – no.

Companies and organisations are responsible for data breaches, but don’t have to report them, although it’s generally deemed as good practice to report a breach. However, they do not always have a legal obligation to report a data breach under the Data Protection Act (DPA), but this is all set to change in 2018 when the EU GDPR comes into force.

So, in the near future, reporting certain breaches will actually be mandatory…
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