Healthcare staff who are suspected of improperly and unlawfully accessing patients’ records will face immediate suspension and have their access cut off, the chief executive of the NHS has said.
In a letter to hospitals announcing a new “zero-tolerance” approach to staff caught snooping on patient records, Sir Jim Mackey asked all trusts to act immediately where they suspect a breach has occurred.
Sir Jim’s warning comes after recent incidents where staff have been found to have snooped on patients’ records inappropriately, most recently in the cases of the victims of the Southport and Nottingham Killings and the three-year-old from Cambridge who fell into the crocodile pit.
This week, The Independent reported that NHS staff at Southmead Hospital are being investigated over allegations of accessing the records of 18-year-old Oliver McGowan, who died almost a decade ago.
A former healthcare worker, from a private hospital, also received a caution from the Information Commissioner’s Office for attempting to obtain and sell the medical records belonging to the Princess of Wales, Kate Middleton.
Sir Jim has written to every trust asking them to adopt a “zero-tolerance” approach to the issue, and to suspend staff and remove their access to NHS systems.
The letter sent on Friday said: “You will share my disappointment and anger at the numerous and widespread reports that NHS staff members have accessed confidential patient information without any legitimate reason to do so, particularly given the new guidance and communications toolkit we launched in July.
“Unauthorised, inappropriate and unjustifiable access to confidential patient information by NHS employees is unlawful, massively damages patient and public confidence in the NHS and represents a serious failure of our duty to protect the privacy of patients. We all know this is unacceptable and we must do all we can to prevent these incidents.”
The letter goes on to that “the outrage reflected by the public on this issue is entirely understandable” adding “It is particularly galling that the actions of a minority of staff are tarnishing the reputation of the majority of our colleagues who take pride in delivering the best care for patients.”
NHS England also said that where a registered healthcare professional, such as a doctor or nurse, is caught, trusts are told to refer the case to professional regulators, meaning they risk facing regulatory action, such as striking off.
Sir Jim said: “Patient records contain some of the most private information people will ever share. We have seen too many cases of people abusing that trust, and enough is enough.
“If someone is suspected of snooping, we cannot leave them in post with access to patients’ records while an investigation takes days or weeks. From now on, we will expect them to be suspended and have their access to NHS systems cut off immediately, while the facts are established.
“Anyone who thinks they can satisfy their curiosity by looking at a patient’s record should know this: they will be found out, they may lose their career, and could end up with a criminal record.”
He said the NHS has already taken steps to secure patients' records, including a new campaign warning staff about their responsibilities and issuing new guidance to NHS organisations on how to prevent and monitor unlawful access to patient records.
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