ICO's MPN and resulting compensation claims

Boris Campbell made this Freedom of Information request to Chelsea and Westminster Hospital NHS Foundation 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 Chelsea and Westminster Hospital NHS Foundation Trust,

Reference Information Commissioner’s Monetary Penalty Notice relating to ‘accidental’ disclosure of patients’ email addresses.
I refer to the above event of 1st September 2015 at Dean Street Soho HIV Clinic.
The Information Commissioner issued an MPN to your Trust.
He stated in his Notice that 781 individuals subscribed to the Clinic’s Newsletter and of those 730 full names were apparently disclosed in the ‘cc’ field of the email.
The ICO also states in his MPN that 15 individuals complained about this event to the Trust and 9 to the ICO.
Legal professionals told me that they are looking at ‘Compensation Claims’ from some of the individuals. It was assumed that the amounts would be ‘considerable.’
In line with the provisions of the Freedom of Information Act, I should like to know:
1. How many individuals have presented a Compensation Claim to your Trust and if possible,
2. What is the average amount claimed.

I should be grateful for your reply within the period specified by the Act.

Yours faithfully,

Boris Campbell
28th January 2018

FOI, Chelsea and Westminster Hospital NHS Foundation Trust

Our ref: FOI 2018-055
Dear Sir/Madam
Thank you for your Freedom of Information request.  Please note that in September 2015 Chelsea and Westminster Hospital NHS Foundation Trust merged with West Middlesex University Hospital so our response will include information for both trusts. There is no need to send in a separate request.
This request is being handled under the Freedom of Information Act 2000. We are permitted up to 20 working days (commencing the first working day after receipt of a request) in which to either answer your request or explain why we are unable to answer it. 
For more information on Freedom of Information, please see our website at:
http://www.chelwest.nhs.uk/about-us/orga...  
We will answer your request as quickly as we can.
If you have any questions about your request please ensure you include our ref number above and send to [email address]
Regards
Jeff
The Information Governance team

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Dear FOI,

Thank you for your update informing me that you will consider my FOI Request

Yours sincerely,

Boris Campbell

FOI, Chelsea and Westminster Hospital NHS Foundation Trust

Dear Requester
FOI 2018 -055
Thank you for your information request received by us on 28 January 2018. This request has been handled under the Freedom of Information Act 2000.
Please note that Chelsea and Westminster Hospital NHS Foundation Trust merged with West Middlesex University Hospital in September 2015, for this reason our response covers both sites.
Our response:
Reference Information Commissioner’s Monetary Penalty Notice relating to ‘accidental’ disclosure of patients’ email addresses.

I refer to the above event of 1st September 2015 at Dean Street Soho HIV Clinic.
The Information Commissioner issued an MPN to your Trust.
He stated in his Notice that 781 individuals subscribed to the Clinic’s Newsletter and of those 730 full names were apparently disclosed in the ‘cc’ field of the email.
The ICO also states in his MPN that 15 individuals complained about this event to the Trust and 9 to the ICO.
Legal professionals told me that they are looking at ‘Compensation Claims’ from some of the individuals. It was assumed that the amounts would be ‘considerable.’
In line with the provisions of the Freedom of Information Act, I should like to know:
1. How many individuals have presented a Compensation Claim to your Trust and if possible,
2. What is the average amount claimed.

It is the Trust’s position that, as the information requested relates to on-going civil proceedings, disclosure of the information requested will likely cause real and actual prejudice to its position in the proceedings, and equally the position of those persons presenting claims. It is accordingly exempt from disclosure pursuant to Part II section 30 of the Freedom of Information Act 2000 and in accordance with the principles set out in Hogan and Oxford City Council v the Information Commissioner EA/2005/0026 and 0030, 17 October 2006.

It is noted from the request that you have contacted legal professionals concerning the number of claims and the likely value of the claims. If you have been directly affected by the incident on 1 September 2015, the Trust would welcome an opportunity to discuss this with you or your legal representative further.

Should you wish to do so, please provide details of your claim in writing to:

Chelsea and Westminster Hospitals NHS Foundation Trust
FAO: The Legal Services Department
369 Fulham Road
London
SW10 9NH

If you are not satisfied with how your request has been handled then please either
Respond to this email and we will review our answers and get back to you or
Write directly to:
The Chief Executive
Chelsea and Westminster Hospital NHS Foundation Trust
369 Fulham Road
London
SW10 9NH
If, after we have addressed your complaint, you remain dissatisfied with how we have responded, you are entitled to appeal to the Information Commissioner at:
The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone: 08456 306060 or 01625 545745
Website: www.ico.org.uk
There is no charge for making an appeal.
Re-use of information and copyright
You are free to re-use the information contained in our response under the terms of the Open Government Licence http://www.nationalarchives.gov.uk/doc/o...
You must take into account the exemptions and any other conditions such as the non-endorsement condition below
This licence does not grant you any right to use the Information in a way that suggests any official status or that Chelsea and Westminster Hospital NHS Foundation Trust, the Information Provider and/or Licensor endorse you or your use of the Information
Further information can be found at:
http://www.opsi.gov.uk/advice/psi-regula...
Yours sincerely
Jeff Pearce

The Information Governance team
Chelsea and Westminster Hospital NHS Foundation Trust
Email: [email address]

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Dear FOI,
Many thanks for your reply, which is much appreciated. I agree that any information relating to on-going legal process is a privileged information and I understand your position in this matter. Actually, I was under the impression that the claims have already been settled. Obviously, not.
I can confirm that I have not been affected in any way by the clinic's disclosure of clients' information. My request relates to an unrelated matter, which however also involves disclosure of clinical information.
I appreciate your efforts in the matter

Yours sincerely,

Boris Campbell