FILE LOSS BREACHED DP ACT
16 Nov, 2011
Loss of Advocate’s legal files after unencrypted laptop theft is breach of Data Protection Act
A Scottish advocate breached the Data Protection Act after failing to encrypt a laptop containing sensitive personal data which was later stolen, the Information Commissioner’s Office (ICO) said today.
The laptop was stolen from the home of Ruth Crawford QC in 2009 when she was away on holiday. It contained personal data relating to a number of individuals involved in eight court cases the advocate had been working on. This included some details relating to the physical and mental health of individuals involved in two of the cases. The device has not been recovered; however, most of the information compromised would already have been released as evidence in court papers.
The breach was only reported to the ICO on 30 August 2011 when the last case relating to information held on the laptop was concluded. The ICO’s enquiries found that, whilst Ms Crawford had some physical security measures in place at the time of the theft, she failed to ensure that either the device or the sensitive information stored on it was appropriately encrypted.
The QC has now agreed to put the necessary changes in place to ensure this type of incident does not happen again. This includes locking away any personal information stored at her home and following any future data protection guidance issued by the Faculty of Advocates or her stable.
Ken Macdonald, Assistant Commissioner for Scotland said: “The legal profession holds some of the most sensitive information available. It is therefore vital that adequate security measures are in place to keep information secure.
“As this incident took place before the 6 April 2010 the ICO is unable to serve a financial penalty in this instance. But this case should act as a warning to other legal professionals that their failure to protect personal information is not just about potentially being served with a penalty of up to £500,000 – it could affect their careers too. If confidential information is made public, it could also jeopardise the important work they do in court.
“The ICO would also like to assure the legal profession that any information reported to this office will not be disclosed unless there is specific legal authority for us to do so. Therefore all breaches should be reported to our office as soon as practically possible.”
A further undertaking has been signed by Phoenix Nursery School in Wolverhampton after the school lost a backup tape which contained the personal details of 70 pupils and their parents or guardians. The tape also contained a small amount of information relating to the health of several pupils. The device – which included names and addresses – has never been recovered and the ICO’s investigation found that the information was not encrypted. The school has now agreed to improve their procedures for handling personal information and will make sure their staff are trained on how to follow them.