Wednesday, 16 January 2013 12:18 |
http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=12833%3Anhs-trust-fails-in-first-ever-appeal-over-ico-fine-for-data-breach&catid=174&Itemid=99 The First-tier Tribunal has rejected the first ever appeal against a monetary penalty imposed by the Information Commissioner for a breach of data protection laws. The Central London Community Healthcare NHS Trust (CLCH) had appealed a £90,000 monetary penalty notice served by the Information Commissioner in April 2012. James Reilly, chief executive of the trust, said: "We have received the verdict from the tribunal and are giving it serious consideration. We won't be commenting further until we have completed this consideration with our legal advisers." The ICO welcomed the ruling. David Smith, Deputy Commissioner and Director of Data Protection at the watchdog, said: "Monetary penalty notices are an important and effective tool for ensuring compliance. We do not take the decision to issue an organisation with a financial penalty lightly and will only consider this in response to serious data breaches that could cause substantial damage or distress to the individuals affected." The breach related to an arrangement the trust had in place where it faxed, each weekday evening, highly sensitive patient data relating to its palliative care unit to St John’s Hospice. CLCH used an agreed fax protocol for sending the inpatient lists, which were used to assist doctors providing out of hours care. This required the palliative care unit to telephone the hospice to check that the fax had been received. However, the person responsible for faxing the lists to the hospice had not received adequate training on the faxing process and had not been trained to receive management approval for any variation in the protocol. In March 2011 the administrator became aware that the list needed to be sent to an additional fax number at the hospice. However, the protocol was not updated with the extra number, nor was approval obtained from her manager. The administrator (or a stand-in) then sent the inpatient list on 45 separate occasions to a fax number which it had not been given by the hospice. The individual did check that the fax to the original number had been received but not the ones to the second number. The error came to light when a member of the public rang to say he had been receiving the lists, but had shredded them. The trust was subsequently unable to trace the caller and could not confirm precisely what had happened to the data. The trust voluntarily reported the breach to the Information Commissioner’s Office. After an investigation, the ICO fined the trust £90,000 on 27 April 2007 under its power in s. 55A of the Data Protection Act. The level of fine, it was subsequently revealed, was in the ‘serious’ band (£40-100,000) in the ICO’s framework for determining the appropriate amount for a penalty. The other bands are ‘very serious’ (more than £100,000 but less than £250,000) and ‘most serious’ (more than £250,000 up to the maximum of £500,000). CLCH, which had already conceded that a financial penalty was warranted but had asked the Information Commissioner to consider a lower penalty figure, appealed to the FTT. The case was heard over three days in December 2012. The Trust argued that the monetary penalty notice was not in accordance with the law. It also claimed that to the extent that the notice involved an exercise of discretion by the Information Commissioner, it ought to have exercised that discretion differently. CLCH put forward its case under nine headings, although one ground of appeal was withdrawn during the hearing. These were that:
The ICO's Smith also said about the ruling: "We follow a thorough process when reaching any decision. The Tribunal have recognised this and commended us on our approach. The ruling removes any doubt that we cannot take action when an organisation self-reports a serious data breach. While we do look favourably on organisations that contact us after a serious breach, and take this into account when setting the amount of any penalty, self-reporting a breach to the ICO cannot be seen ‘as a get out of jail free’ card." He added: "We are also pleased the Tribunal supported the early payment system we operate is in line with other regulatory bodies, confirming that organisations cannot have their cake and eat it by paying the discounted rate, while reserving the right to appeal.” Anya Proops of 11KBW was counsel for the Information Commissioner. Timothy Pitt-Payne QC, also of 11KBW, acted for the appellant NHS trust. Philip Hoult |
Tuesday, January 22, 2013
NHS trust fails in first ever appeal over ICO fine for data breach
Wednesday, January 16, 2013
Edible edifice: Building the offices of tomorrow
There's a lot of debate over what place the office might have in tomorrow's working landscape.
As technology makes flexible working easier, the maxim: "Work is not where you go, it's what you do," looks ever more realistic.
But
one thing that might hurry the flight from the traditional office is
the thought your canteen could be serving up meals grown on the walls of
the building.
While
you may have a sneaking suspicion the catering staff already do this,
there is a real chance such delicacies will feature on the menu some
time soon.
Intelligent buildings
This
culinary delight was one of a number of concepts presented at a recent
British Council for Offices conference, where delegates looked at the
next generation of "intelligent" buildings.
"This
is not just about automation, an igloo could be said to be an
intelligent building," says Derek Clements-Croome, emeritus professor at
the University of Reading.
"These
buildings will respond to the needs of people, there will be an
increased amount of personalisation - you will be in control of the
environment and be able to tune it to your needs."
This means your office may look very different indeed in a few years.
Designers talk of digital walls, which have sensors embedded so you can interact with them.
Or,
if you want the professor's technical explanation, "dye sensitised
solar cells with titanium oxide layers on a surface with light absorbing
dye molecules adsorbed on surface which can generate electricity".
These walls will build up a profile of you and change your working environment accordingly.
This
could mean the lighting around your desk dims slightly when you arrive,
or a pre-determined microclimate is created for your meeting.
Nano state
The
technology that enables this interaction, known as "nano-coating", will
basically turn your cold, unfeeling office into an expressive medium
It
could mean the moment you enter the building your workspace starts
preparing itself for your imminent arrival - even if you are
hot-desking.
This
is far from being science fiction, according to John Monaghan from
Cisco, who is already pushing ahead with such technology.
"When
someone walks in [our technology] can recognise who they are and then
offer them the appropriate level of service," he says.
"It's about creating a seamless pleasant user experience."
And that's just on the inside.
The
building industry is latching onto advances made by other industries
like aviation to create innovations such as self-healing and
self-cleaning materials.
Self-cleaning
concrete, for example, uses titanium dioxide to break down unsightly
pollution into its chemical constituents, which rain then washes off the
walls.
A
noted example is the Air France headquarters at Roissy-Charles de
Gaulle International Airport near Paris, which has remained white
despite all the attendant aviation pollution.
All of which brings us to why your meal options in the canteen might benefit from this evolving building technology.
Lunch time
Sean Affleck, from Make architects, is a big fan of "living facades".
He
describes these as "vertical fields", where plants are grown up the
walls, absorbing carbon dioxide (CO2) and releasing oxygen as they go.
This could help in the fight against global warming Mr Affleck says.
"Growing
living facades could cool cities down like in a forest, where you find
cool woodland glades because of all the evaporation going on around
you," he says.
A similar option is harnessing the green power of algae.
"Algae is 200% better at absorbing CO2 and producing bio-mass than, say, oil seed rape," Mr Affleck says.
He envisages buildings wrapped in algae tubes, into which gaseous waste products from the building are pumped.
The algae, having done its cleansing work, would then be harvested for power.
One example where this is already happening is the Red Hawk power plant in Arizona, USA.
There
carbon dioxide rich gases created during production are passed through
tubes of algae, which take out 80% of the gas and release oxygen.
The algae is then recycled through biomass generators to create biodiesel.
But if we don't want to turn our offices into power plants, there are other applications.
Mr
Affleck cites a project in Mumbai (Bombay), India, where a firm is
turning algae grown on fences wrapped around the building into
cosmetics.
And, returning to the culinary theme, you could also turn it into products like spirulina jam - perfect on your lunchtime pasta.
Pushing plant use even further, some suggest using their roots to fix buildings to the ground.
If that sounds ridiculous, proponents point out trees tend to survive earthquakes when offices do not.
Innovation barriers
Of
course there are numerous barriers in the way to any of these advances,
one of which is simply taking the plunge in the first place.
"A lot of the best ideas demand someone takes a big risk," says Andrew Hunter, technical services director at Skanska.
"They lose a lot of money and the rest of us pick up the pieces."
But there are major drivers that could mean these intelligent buildings are on the way.
The first is economics, as offices tend to be a company's second most expensive cost after staff.
Buildings
that are automated and where systems effectively interact not only with
you, but with each other as well, could ultimately be cheaper to run.
They will use less energy and water, and create less waste.
Meanwhile the more pleasant working environment they foster will encourage higher productivity.
Secondly, issues such as energy, water and waste management are key parts of companies' sustainability agendas.
They are likely to grow in importance as the threat of global resource shortages advances and environmental concerns build.
Innovative use of buildings could help head off such risks and make a positive contribution at the same time.
"We
talk about being carbon neutral now, but if we look at buildings being
power generators themselves in the future, suddenly we are thinking
about being carbon positive," says Prof Clements-Froome.
The
elephant in the conference room at the British Council for Offices
remains the question of whether we will still be heading into the office
at all in the future.
Unsurprisingly,
the architects, designers and IT experts at the Intellibuild event seem
unanimous in their disdain for the idea, citing the innate need for
humans to congregate and engage with one another.
Although perhaps not over a bowl of algae spaghetti.
Source: http://www.bbc.co.uk/news/business-20965207
Last updated at 00:05 on 15 January 2013
By Michael Millar, Business reporter, BBC News
Source: http://www.bbc.co.uk/news/business-20965207
Last updated at 00:05 on 15 January 2013
By Michael Millar, Business reporter, BBC News
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