NHS authorities can now be forced by the Information Commissioner (ICO) to be audited for compliance with the Data Protection Act.
The move, which came into force on 1 February 2015, allows the ICO to assess England’s NHS foundation trusts, GP surgeries, NHS trusts and community healthcare councils, and their equivalent bodies in Scotland, Wales and Northern Ireland, under section 41A of the Data Protection Act.
The audits will review how the NHS handles patients’ personal information and can review areas including security of data, records management, staff training and data sharing. The legislation will not apply to any private companies providing services within public healthcare.
Christopher Graham, the Information Commissioner, said: “The health service holds some of the most sensitive personal information available, but instead of leading the way in how it looks after that information, the NHS is one of the worst performers. This is a major cause for concern.
“Time and time again we see data breaches caused by poor procedures and insufficient training. It simply isn’t good enough. We fine these organisations when they get it wrong, but this new power to force our way into the worst performing parts of the health sector will give us a chance to act before a breach happens. It’s a reassuring step for patients.”
According to the ICO website, a total of £1.3 million in fines has been issued against NHS organisations.