Search

How can we help?

Icon

“Systematic Failings” on Data Protection leads to a £15,000 fine

Following on from the case reported last month on data protection (”Failing to anonymise – the cost”), a nursing home in Northern Ireland has received a fine of £15,000 from the Information Commissioner’s Office (“ICO”), following the burglary of the home of one of its staff members.

During the burglary, an unencrypted work laptop was stolen. The laptop contained sensitive personal data, including medical information, on the nursing home’s 29 residents (including “do not resuscitate” orders) and personal data on the 46 members of staff.

The ICO’s subsequent investigation found the nursing home had no policies in place regarding the use of encryption, working from home and the storage of mobile devices. Data security training was also found to be lacking. In issuing the fine, the ICO said there had been “systematic failings” at the nursing home.

The fine was issued despite the nursing home referring themselves to the ICO, no complaints being made by any of the staff or residents’ families and no confirmation that the information had been further disseminated. In determining the level of the fine, the nursing home received some credit for having self-reported its breach to the ICO.

The ICO’s subsequent investigation found the nursing home had no policies in place regarding the use of encryption, working from home and the storage of mobile devices.

The amount of the fine reflected the size of the business, with the ICO stating that a bigger organisation experiencing a similarly serious breach should expect to receive a much larger fine. The case therefore acts as a timely reminder that all businesses must take their legal duties to look after personal data seriously and should ensure adequate policies, procedures and equipment are in place.  Simply having a work laptop password protected will not fulfil this duty.

For useful data protection factsheets, checklists and templates, please visit employmentbuddy.com 

For further advice on how to protect your business against data protection and privacy claims, please contact our employment lawyers on employment@clarkslegal.com 

About this article

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 08 May 2025
  • Employment

Statutory Sick Pay Scheme changes: how can employers prepare for such changes?

The government has recently changed the Statutory Sick Pay provisions; it is anticipated that such changes will ‘help people to stay in work and grow the economy’.

Pub
  • 07 May 2025
  • Corporate and M&A

Thinking of exiting your business? Part 1

In the first part of this three-part series, we explore why planning your exit strategy early can shape the way you build, grow, and eventually sell your business for maximum value. From mindset to strategy, we unpack how thinking about the end from the beginning can lead to smarter decisions and better outcomes.

Pub
  • 07 May 2025
  • Immigration

UK Immigration: Essential update for employers

The UK’s immigration system will see major changes in 2025. Watch our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business.

art
  • 06 May 2025
  • Corporate and M&A

Can a disclosure letter give rise to a misrepresentation claim?

Provided by a seller to a buyer, a disclosure letter is an important element in any business sale or purchase transaction.

art
  • 02 May 2025
  • Employment

Sex, Gender and the Law: What the Supreme Court’s Recent Ruling Means for Employers

The recent UK Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers  UKSC 16 has generated significant attention, but for most employers, we would argue that its practical impact is relatively limited—at least for now.

art
  • 29 April 2025
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

We will highlight in this article what changes have been made to the DUAB since the early stages of the Bill.