The Information Commissioner’s Office has used the prosecution of an embittered ex-wife – who was fined just £750 for stealing the medical records of her ex’s new partner – to renew its call for tougher penalties for data theft.
The case centred on a former receptionist at a GP surgery in Southampton, Marcia Phillips, who was successfully prosecuted by the ICO for unlawfully obtaining medical information relating to her ex-husband’s new wife.
She was found to have accessed the information on 15 separate occasions over a 16-month period while working as a receptionist at the Bath Lodge Practice. Phillips was caught red-handed after she sent a text message to the new partner which referred to a highly sensitive medical condition.
She was prosecuted at West Hampshire Magistrates under section 55 of the Data Protection Act and fined £750. She was also ordered to pay a £15 victim surcharge and £400 prosecution costs.
Deputy commissioner and director of data protection David Smith, said: “We continue to urge the Government to press ahead with the introduction of tougher penalties to enforce the Data Protection Act. Without these, unscrupulous individuals will continue to break the law. Action to replace the section 55 ‘fine only’ regime with an effective deterrent is long overdue.
“This case clearly shows the distress that can be caused when an individual uses a position of responsibility to illegally access sensitive personal information. Phillips knew she was breaking the law, but continued to do so in order to cause harm to her ex-husband’s new wife.”
