A patient at the NHS GP surgery was diagnosed with a terminal illness and made a claim to their insurer. The insurer, on behalf of the patient, subsequently requested that five years of medical history be sent to the patient to review, before being sent to the insurer in order to progress the claim.
However, instead of five years of medical history being sent to the patient, Staines Health Group sent 23 years of medical records direct to the insurer. The patient believed the excessive disclosure of unnecessary medical records led to a reduction in the payout of their claim.
Failures of Staines Health Group that led to the incident included a lack of written process for staff to follow when handling insurance requests and a lack of regular refresher data protection training for staff.
Following the incident, Staines Health Group took various steps, including:
· Completing a significant event report, which aimed to establish the root cause of the disclosure email and what lessons could be learned from the incident
· Drafting a written document that staff can follow when handling insurance requests
· Updating its procedure for handling insurance provider requests to include additional training and a sign-off sheet
· Giving the member of staff responsible a warning and placing them under supervision for six months.
· The reprimand sets out the mistakes made in the handling of the request.
David Doodson, ICO interim head of investigations, said: ‘All personal information must be handled with care but health records – sensitive personal data – require particularly robust measures. This is because the loss of this kind of data can have distressing consequences for those involved.
‘We recommend other organisations take note of the lessons learned from the mistakes of Staines Health Group in this case.'
The lessons learned for other organisations include:
- The need for written processes to be in place to support staff when handling personal data
- Consider the need for a quality assurance process when sharing personal data externally
- Provide up-to-date and regular data protection training for staff.
