When you’re entrusted with sensitive information about
clients and customers, you owe them a duty of care. This means that you should
look after their data properly, and not, like a Welsh home care provider in
2013, accidentally drop their files on the pavement and leave them there.
The Neath Care organisation was found to have breached Data
Protection Act regulations after the files of 10 vulnerable and elderly people
were found lying on a street in Neath, Port Talbot. The paperwork contained
details about some of the people being cared for by the company, including
sensitive health-related information, individual care plans and more.
An investigation by the Information Commissioner’s Office (ICO)
into the incident in August 2013 revealed that Neath Care failed to provide
their workers with any training or guidance about how to deal with sensitive
data, or how to ensure that clients’ personal information was properly handled
and kept secure when it was taken outside of the office.
The investigation also revealed that there was a lack of basic monitoring at Neath Care which
led to the company only realising they had mislaid the paperwork after a member
of the public reported it to them.
The ICO Assistant Commissioner for Wales, Anne Jones, said: “Nobody expects to
find their sensitive personal information lying on the pavement. Taking this
type of information outside of the office is an inherent part of running a home
care provider. But, the fact that Neath Care did not account for this fact by
providing their staff with guidance on how to handle information in this
setting, is alarming.
The provider must now
improve their practices in order to protect the vulnerable people they serve.
This will include introducing new guidance and training for their staff to make
sure people’s information is kept secure and introduce a procedure for keeping
a track of when personal information is taken off site.”
What would you do if you lost important and/or sensitive
personal information like this? Would you know about it straight away? Do you
have policies in place informing staff members how they must take care of
information that’s taken out of the office environment, either in hard copy
files or on a computer or memory device?
To avoid getting into this sort of situation, and
potentially being fined by the ICO, it’s vital that all businesses have a
policy for dealing with sensitive material. If you’re unsure of how to protect
your data, what to include in your staff policy or how to train your staff,
contact me and I will be delighted to
provide you with guidance and advice.
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