Medical Specialist Group ordered to rectify data handling practices

Guernsey’s Medical Specialist Group (MSG) has received a directive to implement changes concerning its management of personal medical data. This directive stems from a complaint lodged by a family, which cited alleged errors, omissions, and inaccuracies in the data MSG maintained pertaining to their daughter. An inquiry conducted by the Office of the Data Protection Authority (ODPA) determined that a “lack of clarity” existed in MSG’s procedures for sharing personal data with other entities, resulting in “confusion and uncertainty for MSG’s patients and clients.” MSG stated its complete cooperation throughout the investigation process and confirmed its acceptance of the enforcement order. The family submitted their complaint to the ODPA in November 2023, specifically concerning the processing of their child’s personal medical data. The ODPA indicated that numerous problems identified were linked to insufficient clarity within the Joint Data Processing Agreement that MSG maintained with other parties with whom it shared personal data, such as Guernsey’s Office for Health and Social Care (HSC). An ODPA spokesperson said: “As a result, there was uncertainty about who was responsible for providing the medical records requested by patients. “This resulted in the medical records the parents received from the MSG regarding their daughter being incomplete.” The authority has now issued an enforcement order to MSG, obliging the group to resolve the identified issues and ensure its practices conform to legal requirements. Dr Steve Evans, chair of MSG, which is contracted to provide secondary healthcare in Guernsey, said: “We cooperated fully with the investigation process throughout and have accepted the enforcement order.” He continued: “This issue arose from a lack of clarity in a provision in our data processing agreement with HSC. “We recognise that it is important for data subjects to get information on a timely basis, and we have already apologised to the parents concerned for the uncertainty here.” He further mentioned it was something MSG was “now taking forward with HSC’s assistance, so that the position is made clear going forward”. He concluded: “We would like to reassure islanders that this was not a matter of patient privacy being breached, and we remain committed to the highest standards of protection for patients.”