DPA Fine

sarah laws made this Freedom of Information request to Torbay Care Trust

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Torbay Care Trust,

I have read that a trust with your name has been fined for a serious breach of the data protection act. The fined is for over £150,000.

Is this due to professional negligence of employed staff?

Will the fine be paid by insurance policies or out of the budget for healthcare provision?

Yours faithfully,

sarah laws

Torbay Rfi (TORBAY CARE TRUST), Torbay Care Trust

1 Attachment

Email: [email address]
Direct Line: (01803) 210507
Our Ref: TSD1694

Dear Ms. Laws,

Request for Information TSD1694

Thank you for your request for information regarding our Information Commissioners Office fine. Your request was received on 17th September 2012 and I am dealing with it under the terms of the Freedom of Information Act 2000.

A response to your request for information will be sent to you promptly and in any event no later than 15th October 2012.

I attach for your information a copy of our leaflet “How to Access your Information”.

For information on how we handle requests for information and our publication scheme can be found by following the Freedom of Information link on the home page www.torbaycaretrust.nhs.uk.

If you have any queries about this email, please contact me, quoting the reference number above.

Yours sincerely,

Kevin

Kevin Pointer
Information Governance Support Officer
Telephone: (01803) 210507 (Internal 58507)

Torbay and Southern Devon Health and Care NHS Trust
Bay House
Riviera Park
Nicholson Road
Torquay
TQ2 7TD

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Pointer Kevin (TORBAY CARE TRUST), Torbay Care Trust

1 Attachment

Email: [1][email address]

Direct Line: (01803) 210507

Ref: TSD1694

 

 

Dear Ms. Law,

 

Request for Information TSD1694

 

I am writing to confirm that we have now completed our search for the
information you requested on 16^th September 2012 in relation to the fine
issued to Torbay Care Trust from the Information Commissioners Office
(ICO).

 

I can confirm that the information you require was released as part of our
Press Release issued in response to the fine (attached), and therefore the
information your require is exempt under Section 21 of the Freedom of
Information Act 2000 (information available by other means).

 

For your information, a copy of the ICO’s Monetary Penalty Notice is
available on their website from:
[2]http://www.ico.gov.uk/what_we_cover/taki...

 

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting.

 

If you wish to re-use the information supplied, in whole or in part, for
any other purpose e.g. commercial publications, please write to me stating
what information you wish to re-use, the purpose(s) you wish to re-use the
information for. We will respond within 20 working days of receiving your
request with any conditions and charges that relate to the re-use of the
information in accordance with the Re-use of Public Section Information
Regulations 2005. Further information on the Re-use of Information can be
found on our website [3]www.torbaycaretrust.nhs.uk.

 

If you wish to discuss any of the above, please contact me, quoting the
TSD reference number above.

 

If you are unhappy with the way in which we have handled your request,
please contact the Information Governance Manager in the first instance.
If you wish to make a formal complaint, you should write to our Complaints
Manager at Torbay and Southern Devon Health and Care NHS Trust, Bay House,
Riviera Park, Nicholson Road, Torquay, TQ2 7TD.

 

If you are not content with the outcome of your complaint or the internal
review, you may apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner will only make a
decision once you have exhausted the complaints and/or internal review
process provided by us. The Information Commissioner can be contacted at:
The Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely,

 

Kevin

 

Kevin Pointer

Information Governance Support Officer

Telephone: (01803) 210507 (Internal 58507)

 

Torbay and Southern Devon Health and Care NHS Trust

Bay House

Riviera Park

Nicholson Road

Torquay

TQ2 7TD

 

P please consider the environment before printing this e-mail

 

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Dear Torbay Care Trust,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Torbay Care Trust's handling of my FOI request 'DPA Fine'.

I have read the press release, which you helpfully attached, it does not tell me clearly whether the fine was paid out of public funds for healthcare. It states that there was provision for the fine; it does not state from which budget provision had been made, it does not state what was the exact fine amount paid [early]

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/dp...

Yours faithfully,

sarah laws

Thorn Helen (TORBAY CARE TRUST), Torbay Care Trust

Dear Ms Laws

 

I acknowledge receipt of your email dated 7^th October 2012 which we
received on 8^th October 2012.   As requested we are considering your
request for specific information and will respond by no later than 1^st
November 2012.  

 

If you wish to discuss any of the above, please contact me, quoting the
TSD reference number above.

 

If you wish to make a formal complaint about the way in which your request
for information has been handled, you should write to our Complaints
Manager at the address below.   

 

If you are not content with the outcome of your complaint or the internal
review, you may apply directly to the Information Commissioner for a
decision.  Generally, the Information Commissioner will only make a
decision once you have exhausted the complaints and/or internal review
process provided by us.  The Information Commissioner can be contacted
at:  The Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely

 

 

Helen

 

Helen Thorn

Head of Information Governance

Torbay and Southern Devon Health & Care NHS Trust | Bay House | Nicholson
Road | Torquay | TQ2 7TD

Direct Line:  01803 210509  |  Internal:  58509  | Mobile:  07799 132984 |
Fax:  01803 210599

[1]www.torbaycaretrust.nhs.uk

 

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References

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1. file:///tmp/www.torbaycaretrust.nhs.uk

Thorn Helen (TORBAY CARE TRUST), Torbay Care Trust

Dear Ms Laws

 

We are currently carrying out the internal review on your request for
information, and I would be grateful if you could please give me a call so
that we can clarify one or two points with you which will enable us to
complete our internal review.

 

Yours sincerely

 

Helen

 

Helen Thorn

Head of Information Governance

Torbay and Southern Devon Health & Care NHS Trust

Direct Line: 01803 210509 | Internal: 58509 | [mobile number] | Fax:
01803 210599

 

From: Thorn Helen (TORBAY CARE TRUST)
Sent: 08 October 2012 17:29
To: '[FOI #130228 email]'
Subject: TSD1694 - Internal Review of Freedom of Information Request - DPA
Fine

 

Dear Ms Laws

 

I acknowledge receipt of your email dated 7^th October 2012 which we
received on 8^th October 2012.   As requested we are considering your
request for specific information and will respond by no later than 1^st
November 2012.  

 

If you wish to discuss any of the above, please contact me, quoting the
TSD reference number above.

 

If you wish to make a formal complaint about the way in which your request
for information has been handled, you should write to our Complaints
Manager at the address below.   

 

If you are not content with the outcome of your complaint or the internal
review, you may apply directly to the Information Commissioner for a
decision.  Generally, the Information Commissioner will only make a
decision once you have exhausted the complaints and/or internal review
process provided by us.  The Information Commissioner can be contacted
at:  The Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely

 

 

Helen

 

Helen Thorn

Head of Information Governance

Torbay and Southern Devon Health & Care NHS Trust | Bay House | Nicholson
Road | Torquay | TQ2 7TD

Direct Line:  01803 210509  |  Internal:  58509  | Mobile:  07799 132984 |
Fax:  01803 210599

[1]www.torbaycaretrust.nhs.uk

 

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References

Visible links
1. file:///tmp/www.torbaycaretrust.nhs.uk

Farnsworth Anthony (TORBAY CARE TRUST), Torbay Care Trust

Dear Ms Law

 

Further to our email dated 8^th October 2012 we have now carried out an
internal review of our decision to use Section 21 of the Freedom of
Information Act 2000 to exempt information around the data protection fine
placed on Torbay Care Trust. 

 

The internal review was carried out by me in consultation with the
appropriate members of staff within the Care Trust.

 

The internal review has identified that a full refusal letter was not
given in accordance with Section 17(1) of the Freedom of Information Act.
Neither was the information clearly disclosed in accordance with Section 1
of the Freedom of Information Act. 

 

In response to your original request dated 16^th September 2012 we respond
as follows.

 

I have read that a trust with your name has been fined for a serious
breach of the data protection act.  The fine is for over £150,000. 

 

Is this due to professional negligence of employed staff?

 

The Information Commissioner placed a monetary penalty notice on Torbay
Care Trust for 175,000 and it clearly shows that it was not due to
professional negligence of employed staff.  For your information a full
copy of the Monetary Penalty is available on the ICO’s website. 

 

Will the fine be paid by insurance policies or out of the budget for
healthcare provision?

 

Torbay Care Trust does not have an insurance policy from which this
monetary penalty could be claimed against.  The monetary penalty was not
taken out of the budget for healthcare provision.

 

Your email requesting an internal review dated 7^th October 2012 does not
outline how you feel that we have not met your original request for
information nor does if refer to how the Trust handled your request for
information under the Freedom of Information Act 2000.

 

We trust that our response above now clarifies the information provided as
part of your original request for information.

 

In the spirit of openness and transparency we respond to your email dated
7^th October 2012 statements as follows.

 

“It does not state from which budget provision had been made.”

 

Torbay Care Trust received some unexpected income above planned budgetary
levels that exceeded the amount of the fine.  The fine was paid from this
income and therefore not from a specific budget.

 

“it does not state what was the exact fine amount paid [early]”

 

The ICO Monetary Penalty Notice which is published on the ICO website
clearly shows that the monetary penalty placed on Torbay Care Trust was
£175,000.  We can confirm that we paid £140,000 to the Information
Commissioner in line with their Monetary Penalty Notice

 

If you are unhappy with the way in which we have handled your request,
please contact the Head of Information Governance in the first instance. 
If you wish to make a formal complaint, you should write to our Complaints
Manager at the address above.

 

If you are not content with the outcome of the internal review, you may
apply directly to the Information Commissioner for a review. The
Information Commissioner can be contacted at:  The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely

 

Anthony Farnsworth

Chief Executive Officer

 

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