Stolen laptops could land doctors with £5,000 fine

The recent reports about the loss of 25 million people’s personal data have yet again dented public confidence in the security of personal data. The possible outcomes of this may emphasise concerns about the security of personal data held by doctors and hospital staff on their laptops.

News from the Information Commissioner has put security of patient data back under the spotlight. In evidence before the House of Lords Constitution Committee the Information Commissioner suggests doctors could be fined up to £5,000 if laptops containing patients’ records are stolen from their car. It is reassuring however, that the Information Commissioner is not looking to criminalise a doctor for a single incident.

Doctors as holders of confidential information must take reasonable precautions to keep it safe. However, MPS would not like to see doctors being singled out for special treatment. Where someone has taken reasonable precautions, criminalizing or penalising them for being the victim of a crime is wholly inappropriate and disproportionate.
 
Nick Clements, Senior Medicolegal Adviser said: “Doctors and anyone else who is in charge of confidential information has a duty to take reasonable steps to keep that information secure.

“Providing they have done so, the suggestion that they should be subject to legal action, and subject to punitive  fines, for having been the victim of a crime themselves is very worrying.

“Laptops are valuable commodities, easily targeted by thieves, and are bound to go missing from time to time.  Of course a lack of due care, such as leaving a laptop unattended in plain sight, should result in appropriate and proportionate action.

“The key to dealing with this issue is for custodians of confidential information to take all reasonable precautions, which must include proper security and encryption of the data itself.” 
 
ENDS