Public Law

Last month, the Information Commissioner’s Office (ICO) fined the Nursing and Midwifery Council (NMC) £150,000 after the loss of three unencrypted DVDs which contained sensitive personal data. The DVDs related to a nurse’s misconduct hearing and contained evidence from two vulnerable children. A recent post on our TechBlog discussed the methodology the ICO uses for calculating penalties and the NMC’s breach falls into the “very serious” category.

The NMC has expressed disappointment at the decision which it says was down to “an isolated human error”. The fine is a pointed reminder to regulatory bodies of the importance in keeping hearing information confidential and secure – particularly where it is held electronically and should be encrypted.

 

Niall McLean

Associate at Brodies LLP
Niall is a member of Brodies' market leading Government, Regulation and Competition practice. Niall gives both public and private sector clients advice in a broad range of areas including: corporate crime and investigations, governance, defamation and reputation management, public law and statutory interpretation.
Niall McLean