| Breach of act |
Breach of the Seventh Data Protection Principle: BPAS failed to take appropriate measures against the unauthorised processing of personal data as they didn’t delineate specific parameters to ensure the website did not store personal data, nor set up appropriate security measures. |
| Known or should have known |
BPAS clearly knew that personal data of this nature needed to be held securely as they decided not to put in place their original ‘appointment booking system’ and provided promises of security in their privacy policy. They should have been able to prevent the contravention by having a detailed specification of the parameters of the CMS to either ensure that data was not stored on the website or provide adequate security for this information. |
| Likely to cause damage or distress |
The website’s privacy policy led users to believe that their information would remain secure and confidential, and the ability of a hacker to access this information is likely to cause substantial distress if this was known, particularly with the fear that this data could be further disseminated. If the data had been misused by the attacker or disclosed to untrustworthy third parties there is a risk that some individuals would have faced physical harm or even death given their ethnicity or social background and the nature of the advice they were seeking (including abortion and sterilisation). |
