NEWS
Secrets for Sale Pharmacy2U Investigation update
AN ONLINE PHARMACY THAT SOLD DETAILS OF MORE THAN 20,000 CUSTOMERS TO MARKETING COMPANIES HAS BEEN FINED £130,000.
company. Companies that bought the details included a health supplements company that has been cautioned for misleading advertising and an Australian lottery company subject to investigation by Trading Standards.
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The ICO investigation found that Pharmacy 2U had not informed its customers that it intended to sell their details, and that the customers had not given their consent for their personal data to be sold on. This was in breach of the Data Protection Act.
ICO Scotland and Northern Ireland Group Manager Shauna Dunlop told Scottish Pharmacist, “Patient confi dentiality is drummed into Pharmacists. It is inconceivable that a business in this sector could believe these actions were acceptable. Put simply, a reputable company has made a serious error of judgement, and today faces the consequences of that. It should send out a clear message to other companies that the customer data they hold is not theirs to do with as they wish.
“Once people’s personal information has been sold on once in this way, we often see it then gets sold on again
harmacy 2U offered the customer names and addresses for sale through an online marketing list
and again. People are left wondering why so many companies are contacting them and how they come to be in receipt of their details.”
The General Pharmaceutical Council has voiced its reaction to the Pharmacy2U investigation stating, “It is a key priority for the GPhC to investigate this case and to consider what action that we as the regulator need to take in response.
“We conducted an inspection of Pharmacy2U jointly with NHS England on 13 April 2015 which assessed whether action had been taken by Pharmacy2U to avoid any further misuse of patient information and if there were any wider issues which needed to be addressed in relation to our standards for registered pharmacies.
“This inspection found that Pharmacy2U had taken steps to prevent another breach of patient information taking place and that there were no other immediate patient safety concerns.
“We have communicated closely with the ICO during their investigation and now that their investigation has concluded, we have asked the ICO to supply the evidence which it may hold which could be relevant to the GPhC’s ongoing investigation. We are
also taking further steps to gather all other relevant evidence.
“That evidence will be assessed in order to decide whether, and in what way, action will be taken against Pharmacy2U and against any registered pharmacy professionals employed by Pharmacy2U who were responsible for misuse of patient information.”
The civil monetary penalty is the fi rst of its type, with the company found to have breached the fi rst principle of the Data Protection Act regarding fair and lawful processing of data.
Responding to the investigation by the Information Commissioner President of the Royal Pharmaceutical Society Ash Soni said:
“Patients should be assured that pharmacists abide by the same strict laws of data protection and patient confi dentiality as all health professionals. This isolated incidence of wrongdoing has rightly been investigated by the Information Commissioners Offi ce. The RPS fully supports the action the ICO has taken against Pharmacy2U.
“This case does not refl ect the wider profession who, in our view, take the protection of patient data extremely seriously. We are pleased the GPhC
ICO Scotland and Northern Ireland Group Manager Shauna Dunlop
PATIENT
CONFIDENTIALITY IS DRUMMED INTO PHARMACISTS. IT IS INCONCEIVABLE THAT A BUSINESS IN THIS SECTOR COULD BELIEVE THESE ACTIONS WERE ACCEPTABLE. PUT SIMPLY, A REPUTABLE COMPANY HAS MADE A SERIOUS ERROR OF JUDGEMENT, AND TODAY FACES THE CONSEQUENCES OF THAT
are also investigating this case, recognising the rightful concerns of patients and the public. The RPS will be reviewing the membership of any members who have been found guilty of wrong doing or are subject of a complaint through our membership committee.”
The ICO investigation found the lottery company that bought customer records appeared to have deliberately targeted elderly and vulnerable individuals, and it is likely that some customers will have suffered fi nancially as a result of their details being passed on. •
SCOTTISH PHARMACIST - 49
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