WIREDGOV

A police force has been fined after sensitive personal details of a woman who accused her partner of domestic abuse were passed to the suspect.

Kent Police handed the solicitor the entire contents of the complainant’s mobile phone.

The force has now been fined £80,000 for what an ICO investigation found to be a serious contravention of the Data Protection Act.

Stephen Eckersley, ICO Head of Enforcement, said:

“Kent Police was investigating a serious matter yet the need to take proper care of the personal details they were entrusted with does not appear to have been taken seriously.

“This fine should serve as a warning to other forces that it is vital they have robust measures in place to protect individuals’ personal data and guard against such inappropriate disclosures.”

The complainant had given her phone to Kent Police because it contained a video recording she said supported her accusation against her partner, who was a police officer. Her phone also contained lots of other files, with sensitive personal data including text messages and family photographs.

The officer was subject to a professional standards investigation by Kent Police into misconduct. Kent Police sent the officer’s solicitor the data contained in the woman’s mobile phone by mistake in advance of the misconduct hearing. The solicitor then disclosed the information to his client.

An ICO investigation found that Kent Police had inappropriate security measures, and that it had committed a serious breach of the law, likely to have caused substantial distress.

Notes for editors

1. The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
2. The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.
3. The ICO can take action to change the behaviour of organisations and individuals that collect, use and keep personal information. This includes criminal prosecution, non-criminal enforcement and audit. The ICO has the power to impose a monetary penalty on a data controller of up to £500,000.
4. Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is:
   • fairly and lawfully processed;
   • processed for limited purposes;
   • adequate, relevant and not excessive;
   • accurate and up to date;
   • not kept for longer than is necessary;
   • processed in line with your rights;
   • secure; and
   • not transferred to other countries without adequate protection.
5. Civil Monetary Penalties (CMPs) are subject to a right of appeal to the (First-tier Tribunal) General Regulatory Chamber against the imposition of the monetary penalty and/or the amount of the penalty specified in the monetary penalty notice.
6. Any monetary penalty is paid into the Treasury’s Consolidated Fund and is not kept by the Information Commissioner’s Office (ICO).
7. To report a concern to the ICO telephone our helpline on 0303 123 1113 or go to ico.org.uk/concerns.