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Brighton and Sussex University Hospitals NHS Trust has been served with a Civil Monetary Penalty (CMP) of £325,000 following a serious breach of the Data Protection Act (DPA), the Information Commissioner’s Office (ICO) said today.

It follows the discovery of highly sensitive personal data belonging to tens of thousands of patients and staff – including some relating to HIV and Genito Urinary Medicine (GUM) patients – on hard drives sold on an Internet auction site in October and November 2010.

The data included details of patients’ medical conditions and treatment, disability living allowance forms and children’s reports.  The data breach occurred when an individual engaged by the Trust’s IT service provider, Sussex Health Informatics Service (HIS), was tasked to destroy approximately 1000 hard drives held in a room accessed by key code at Brighton General Hospital in September and October 2010. A data recovery company bought four hard drives from a seller on an Internet auction site in December 2010, who had purchased them from the individual.

The Trust has been unable to explain how the individual removed at least 252 of the approximate 1000 hard drives they were supposed to destroy from the hospital during their five days on site. They are not believed to have known the key code needed to access the room where the drives were stored, and were usually supervised by staff working for HIS.

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