Cases of Unauthorised access to patients' at Noble's Hospital

Summary

A request was made to the Isle of Man Department of Health and Social Care regarding unauthorized access to patient data at Noble's Hospital over the past five years. The authority disclosed that two employees accessed data without entitlement but confirmed no dismissals occurred, while refusing to provide a breakdown of staff roles due to lack of held information.

Key Facts

• Two hospital employees were discovered accessing patient data without authorization in the past five years.
• No hospital employees were dismissed for unauthorized access to patient data in the past five years.
• The Department of Health and Social Care does not hold data distinguishing between doctors/consultants and other staff for these cases.
• The request was received on 13 August 2020 and the response was issued on 10 September 2020.
• The response was issued by Chief Executive Kathryn Magson.

Data Disclosed

• 2 employees
• 5 years
• 0 dismissals
• 2020-08-13
• 2020-09-10
• 1421153

Exemptions Cited

• Section 11(3)(a) of the Freedom of Information Act 2015 (Information not held)

Original Request

Question 1: In the past 5 years, how many times have hospital employees been discovered to have accessed patients' data that they were not supposed to or authorised to do so (i.e. the patient was not under their treatment plan)? Question 2: Of those cases how many were (i) doctors/consultants and (ii) other staff (nurses etc.)? Question 3: How many (i) doctors/consultants and (ii) other staff were dismissed in such cases?

Data Tables (1)

Full Response Text

Chief Executive: Kathryn Magson Freedom of Information Team Crookall House Demesne Road Douglas Isle of Man IM1 3QA (01624) 642621 dhsc@foi.gov.im Website: www.gov.im/dhsc

Our ref: 1421153 10 September 2020

Dear ###

We write further to your request which was received on 13th August 2020 and which states:

"Question 1:

In the past 5 years, how many times have hospital employees been discovered to have accessed patients' data that they were not supposed to or authorised to do so (i.e. the patient was not under their treatment plan)? Question 2: Of those cases how many were (i) doctors/consultants and (ii) other staff (nurses etc.)? Question 3: How many (i) doctors/consultants and (ii) other staff were dismissed in such cases?"

Response to your request Question 1 In the past 5 years, how many times have hospital employees been discovered to have accessed patients' data that they were not supposed to or authorised to do so (i.e. the patient was not under their treatment plan)? In the past five (5) years there have been two (2) employees that have accessed patients’ data when they have not been entitled to.

Question 2: Of those cases how many were (i) doctors/consultants and (ii) other staff (nurses etc.)? While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested; the Department of Health and Social Care does not hold the information that the applicant has requested (section 11(3)(a) of the Act). Question 3: How many (i) doctors/consultants and (ii) other staff were dismissed in such cases? In the past five (5) years there have been no hospital employees dismissed for accessing patients’ data when they have either not supposed to or authorised to do so. Please quote the reference number 1421153 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely