Frances Gibb, Legal Editor
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Doctors who have laptops containing patients’ records stolen from their cars could end up in court.
Richard Thomas, the Information Commissioner, said a “blatant breach of fundamental observation” should attract criminal penalties.
He told the Lords’ Constitution Committee that this was a new criminal offence being sought to enforce compliance with data protection laws.
The offence would be for knowingly or recklessly flouting data protection principles. Offenders could be fined up to £5,000 in a magistrates’ court or unlimited sums in the Crown Court.
Mr Thomas said: “If a doctor, or hospital [employee] leaves a laptop containing patients’ records in his car and it is stolen, it is hard to see that is anything but gross negligence.”
The commission can currently issue enforcement notices but these “do not impose any element of punishment for wrongdoing”. But Lord Lyell of Markyate, a former Attorney-General, said it would be disproportionate to criminalise doctors for losing a laptop.
Mr Thomas said the intention was not to prosecute for a single incident, but that for gross negligence there was “a need to have some deterrent in place”. He said anyone holding personal data should know the basics of “encryption” to protect that material.
A second power being sought from the Ministry of Justice would enable the commissioner’s office to inspect companies without warning, instead of with consent, to monitor their compliance with data protection laws.
The commissioner told the committee that moves were in hand to identify children who might become the fifth of adults responsible for 80 per cent of crime. “This involves analysing circumstantial risk factors such as family members’ criminal records,” he said. “This runs the real risk that children are stigmatised from an early age.”
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Would people like Paul Gray, whose department has just had the details of 7 million people go missing (and apparently not the first time either), or is this going to apply only to people who have a useful function in this world? Will the same rules apply if the GP is attacked and his laptop stolen, or his/her house broken into?
Bill Q, Derby,
This seems like a good idea - why not give Alistair Darling 60 days in jail and unlimited fine and his P45 for overseeing the loss of 25 million peoples child benefit records?
Needs to be made an example of.
Kevin Green, Glasgow, Scotland
Actually the real problem is that the laptops are not encrypted. As a GP I have continually argued that laptops with clinical information should be encrypted as it is not difficult. The standard encryption with windows is poor, relying on the user password, but there are more robust solutions available. However the response I get from IT departments is that it is not a requirement of CfH therefore they haven't the manpower or funding to spare for it. This is an understandable but short-sighted response. My own personal laptops are encrypted as are the flash drives I use. I have also encrypted servers I have built in my surgery, in case they are stolen. It is not difficult and this would become a non-issue if it were routinely done by the NHS.
Laptops are going to be stolen but in the current climate it is much easier to blame doctors, as this seems to be a national pastime. So much better to find someone to blame in our 'NHS blame' culture, rather than provide a workable solution
JW, Notts, UK
The loss of personal confidential information should indeed be prosecuted if this is due to incompetence or breaking regulations.
It would only seem fair that those who published the personal information on the junior doctors last year should be punished or the doctors awarded compensation.
Please remember this was not lost data but published and freely available once you had the url, surely far worse.
James, oxford,
Simply IDIOTIC!!! A good man who saves 1000's of lives is deemed for prosecution because a govt. funded jobless ciminal nicks the good tax-paying man's valuable possesion!
What has the world come too? Are we all slaves of criminals and the judiciary is rubbing fat into these warts of society!
Amit, Bristol, UK
Are they also going to prosecute the financial sector too or the government itself where they actually sold the data such as electorial roll or DVLC containing ex-directory telephone numbers etc ?
Lyn, Lancs, UK
Why are we prosecuting Doctors for having their laptops stolen. Why don't we do the sensible thing and arrest the people that are stealing the laptops. Surely that would make more sense - maybe its just me???
Gary Horlock, Crawley,
The real issue is that information on an individual might become lost to the state.
The threat of prosecution is a red herring, designed to frighten people into ensuring that confidential material is not lost.
This government has a policy of 'Control or Destroy', which applies to every facet of life, and every citizen in the country.
The Ministry of Injustice, under the man of straw, on behalf of this paranoid, corrupt government, is determined to have every bit of information on every individual that it possibly can.
The Orwellian nightmare was passed years ago, and the Information Commissioner but a toothless puppet.
martin brighton, sheffield, UK