A council has been fined £70,000 by the Information Commissioner’s Office (ICO) for leaving vulnerable people’s personal information exposed online for five years.
The Data Protection Act requires organisations to take appropriate measures to keep personal data secure, especially when dealing with sensitive information. But Nottinghamshire County Council posted the gender, addresses, postcodes and care requirements of elderly and disabled people in an online directory which didn’t have basic security or access restrictions such as a username or password.
The matter was only discovered when a member of the public using a search engine was inadvertently able to access and view the data with no need to log in, and was concerned that it could be used by criminals to target vulnerable people or their homes – especially as it even revealed whether or not they were still in hospital.
ICO Head of Enforcement Steve Eckersley said:
“This was a serious and prolonged breach of the law. For no good reason, the council overlooked the need to put robust measures in place to protect people’s personal information, despite having the financial and staffing resources available.
“Given the sensitive nature of the personal data and the vulnerability of the people involved, this was totally unacceptable and inexcusable. Organisations need to understand that they have to treat the security of data as seriously as they take the security of their premises or their finances.”
The council had launched its ‘Home Care Allocation System’ (HCAS), an online portal allowing social care providers to confirm that they had capacity to support a particular service user, in July 2011. When the breach was reported in June 2016, the HCAS system contained a directory of 81 service users. It is understood the data of 3,000 people had been posted in the five years the system was online.
The data exposed included people’s gender, addresses and post codes, personal care needs and requirements such as the number of home visits per day, and whether they had been or were still in hospital. Although the service user's names were not included, a determined person would be able to identify them. The council offered no mitigation to the ICO.
Notes to Editors
- The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
- The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.
- The ICO can take action to change the behaviour of organisations and individuals that collect, use and keep personal information. This includes criminal prosecution, non-criminal enforcement and audit. The ICO has the power to impose a monetary penalty on a data controller of up to £500,000.
- The European Union’s General Data Protection Regulation (GDPR) is a new law which will apply in the UK from 25 May 2018. The Government has confirmed the UK’s decision to leave the EU will not affect the commencement of the GDPR. The Government is introducing measures related to this and wider data protection reforms in a Data Protection Bill.
- Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is:
- fairly and lawfully processed;
- processed for limited purposes;
- adequate, relevant and not excessive;
- accurate and up to date;
- not kept for longer than is necessary;
- processed in line with your rights;
- secure; and
- not transferred to other countries without adequate protection.
- Civil Monetary Penalties (CMPs) are subject to a right of appeal to the (First-tier Tribunal) General Regulatory Chamber against the imposition of the monetary penalty and/or the amount of the penalty specified in the monetary penalty notice.
- Any monetary penalty is paid into the Treasury’s Consolidated Fund and is not kept by the Information Commissioner’s Office (ICO).
- To report a concern to the ICO telephone our helpline 0303 123 1113 or go to ico.org.uk/concerns.