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NHS call handler found guilty of illegally accessing medical records

Tue 21 Feb 2023
A former NHS 111 call centre advisor in Southall has been found guilty and fined for unlawfully accessing the medical records of a child and family members.

Martin Swan, 56, who lived in Pinner, London, accessed the records while working at the call centre in Southall.

Mr. Swan had a complaint filed against him after he had a disagreement during a 111 call regarding the distance to a medical centre. This led him to access the medical records of the complainant, the complainant's child, and two other relatives without permission.

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At an internal investigation meeting in June 2016, he produced screenshots of the child's patient notes and later contacted the father with unfounded accusations of falsifying events.

After being dismissed for gross misconduct in November 2016, he again contacted the father in January 2017, threatening to report him for neglect.

Swan failed to attend the initial hearing in April 2018, and a warrant was issued for his arrest. He surrendered to the warrant in January 2023 and was brought before Uxbridge Magistrates Court on 15 February 2023.

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After being investigated by the Information Commissioner's Office, Swan admitted to unlawfully obtaining personal data in violation of Section 55 of the Data Protection Act. He was fined £630 with a victim surcharge and court costs totalling £1,093.

Andy Curry, ICO Head of Investigations, said: “When seeking medical help, people should never have to think twice about how their information is handled and whether their patient records are secure. The NHS 111 helpline offers a valuable service and people need to trust that the handlers operating this service are being responsible with the details provided.”

Mr Curry added: “This case shows that the ICO will take action when personal records are accessed unlawfully. As well as being an invasion of privacy, these actions seriously jeopardised the trust built between the service and its users.”


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