Information watchdog that is investigating Kate 'data breach' case details next steps

A senior official in the information watchdog that is investigating how the Princess of Wales’s medical records were allegedly accessed has outlined the possible outcomes of probes like the one involving Kate.

The Princess of Wales when she was last seen on Christmas Day. Pic: AP

Stephen Bonner, deputy commissioner at the Information Commissioner’s Office (ICO), revealed details about how the organisation investigates incidents of this nature to Sky News.

Stephen Bonner from the ICO

An ICO spokesperson confirmed this week that the organisation had “received a breach report” and is “assessing the information provided”.

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Up to three people may have been involved in the breach after the princess was discharged from the London Clinic on 29 January, the Mirror reported.

Mr Bonner described such a breach as “very serious” but “thankfully very rare”.

“But when it happens it’s important we take steps so that people can have trust in their medical providers.”

He said when a breach has occurred, the ICO first assesses the organisation to “see if they took reasonable steps to protect the information”.

The London Clinic. Pic: PA

“If individuals have misused the trust that was placed in them, we can take action against them in the criminal courts and we have a track record of doing that.”

But he said that being convicted in such cases would most likely result in a fine.

“The vast majority of medical professionals, they take this seriously. They understand their obligations,” he added.

“They don’t talk about it in the pub, they keep it safe. But obviously there are occasionally a few who attempt it for curiosity or for other mechanisms.

“Those are the ones we are going to work to find and make sure that stops.”

In an official statement, Mr Bonner added: “We want to reassure [the public] that data breaches in healthcare settings are rare and millions of patients every day are treated with no issues at all. However, when it does happen, the ICO is here to get to the bottom of when, how and why it happened – and how we can prevent it from happening again.”

He also said serious breaches must be reported to the ICO within 72 hours but refused to comment on when the watchdog was notified about the breach relating to the Princess of Wales.

It comes as the Care and Quality Commission praised the London Clinic in 2021 for how “easily available” medical records were to staff.

The health watchdog said in a report on its surgery services published after a June 2021 inspection: “Staff kept detailed records of patients’ care and treatment. Records were clear, up-to-date, stored securely and easily available to all staff providing care.

“Patient’s records were held in paper format and also electronically. Paper-based records were stored securely in clocked cupboards at the nurses’ stations. Staff could access patient records easily.”

But it said leadership at the hospital required improvement as it “had an inconsistent approach to managing patient safety incidents and learning was not always used to improve patient care”.

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It also said that most of the policies were out of date and the systems to review policies were “ineffective”.

The CQC added: “The service did not have strong systems for monitoring the outcome of care and treatment.”

Sky News has approached the CQC for comment.

Meanwhile, Dame Andrea Leadsom, a junior health minister, told Sky News the alleged breach of the Princess of Wales’s information was “completely outrageous”.

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“Obviously, it is a matter for the Information Commissioner but it is the case that every patient has the right to their privacy,” she said.

Labour leader Sir Keir Starmer also voiced concerns about the intense public scrutiny around the Princess of Wales, telling people to “butt out and leave her alone”, while the Archbishop of Canterbury Justin Welby described it as “village gossip” and “wrong”.