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Private eye

27 July 2012 / Tom Morrison
Issue: 7524 / Categories: Features , Data protection , Freedom of Information
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Tom Morrison returns with his quarterly review of the world of information law

Brighton and Sussex University Hospitals NHS Trust has been handed the largest civil monetary penalty issued so far under the Data Protection Act 1998 (DPA 1998). At £325,000, this substantial fine was issued following the theft of computer hard drives containing confidential information relating to thousands of patients and staff in September 2010. Highly sensitive personal data was found on hard drives sold on eBay two months later. The data included details of patients’ medical conditions and treatment, disability living allowance forms and reports on children. It also included documents containing staff details such as National Insurance numbers, home addresses and information referring to criminal convictions and suspected offences.

Source of the information breach

It seems that the source of the breach was an individual engaged by the trust’s IT services provider which was supposed to securely destroy approximately 1,000 hard drives held in a secure room at Brighton General Hospital. Four of those hard drives made their way

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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