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The Information Commissioner’s Office (ICO) has issued NHS Surrey with a monetary penalty of £200,000 after more than 3,000 patient records were found on a second hand computer bought through an online auction site. 

The sensitive information was inadvertently left on the computer and sold by a data destruction company employed by NHS Surrey since March 2010 to wipe and destroy their old computer equipment. The company carried out the service for free, with an agreement that they could sell any salvageable materials after the hard drives had been securely destroyed.

On 29 May 2012 NHS Surrey was contacted by a member of the public who had recently bought a second-hand computer online and found that it contained the details of patients’ treated by NHS Surrey. The organisation collected the computer and found confidential sensitive personal data and HR records, including patient records relating to approximately 900 adults and 2000 children, on the device.

After being alerted to the problem, NHS Surrey managed to reclaim a further 39 computers sold by the trading arm of their new data destruction provider. Ten of these computers were found to have previously belonged to NHS Surrey; three of which still contained sensitive personal data.

The ICO’s investigation found that NHS Surrey had no contract in place with their new provider, which clearly explained the provider’s legal requirements under the Data Protection Act, and failed to observe and monitor the data destruction process.

NHS Surrey mislaid the records of the equipment passed for destruction between March 2010 and 10 February 2011, and was only able to confirm that 1,570 computers were processed between 10 February 2011 and 28 May 2012. The data destruction company was unable to trace where the computers ended up, or confirm how many might still contain personal data.

Stephen Eckersley, ICO Head of Enforcement, said:

“The facts of this breach are truly shocking. NHS Surrey chose to leave an approved provider and handed over thousands of patients’ details to a company without checking that the information had been securely deleted. The result was that patients’ information was effectively being sold online.

“This breach is one of the most serious the ICO has witnessed and the penalty reflects the disturbing circumstances of the case. We should not have to tell organisations to think twice, before outsourcing vital services to companies who offer to work for free.”

NHS Surrey was dissolved on 31 March 2013 with some of their legal responsibilities passing to the NHS Commissioning Board. The board will be required to pay the penalty amount by 22 July or serve a notice of appeal by 5pm on 19 July. The full penalty amount is eventually paid into the Treasury’s Consolidated Fund.

The ICO has produced guidance explaining how old IT equipment containing personal information can be securely destroyed in compliance with the Data Protection Act.

If you need more information, please contact the ICO press office on 0303 123 9070 or visit the website at: www.ico.org.uk.

Notes to Editors

1. The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

2. The ICO regulates the Data Protection Act 1998, the Freedom of Information Act 2000, the Privacy and Electronic Communications Regulations 2003 and the Environmental Information Regulations 2004.

3. The ICO is on Twitter, Facebook and LinkedIn, and produces a monthly e-newsletter.

4. Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is:

• Fairly and lawfully processed
• Processed for limited purposes
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept for longer than is necessary
• Processed in line with your rights
• Secure 
• Not transferred to other countries without adequate protection

5. If you need more information, please contact the ICO press office on 0303 123 9070.