ICO raps Scottish Court Service after files left at recycling bank

The Scottish Court Service has admitted breaching the Data Protection Act after court documents containing sensitive personal details were accidentally disposed of at a local recycling bank in Glasgow.

The Information Commissioner’s Office only became aware of the breach when a newspaper in Scotland published details of the discovery of files.

An investigation revealed that the papers had been lost by the editor of a series of law reports. The court service had failed to check how this individual intended to keep the information secure, the ICO said.

The watchdog added that the court service had tightened its procedures around the handling of sensitive information by its staff and other people involved in the court process. It has also signed a formal undertaking to ensure all staff are aware of its policy for the storage, use and disclosure or sharing of personal data. The service has agreed to ensure all staff are appropriately trained.

The law reports editor has also agreed to improve the way in which court documents that include sensitive personal details are handled.

Ken Macdonald, Assistant Commissioner for Scotland at the ICO, said: “People involved in court cases should be able to feel confident that their personal and sensitive information is going to be kept secure and not taken outside of the court room. Had any of the papers in this case fallen into the wrong hands, the privacy of the individuals concerned might have been threatened.

“I’m pleased that the Scottish Court Service has agreed to take a more hands-on approach to deal with data sharing in such cases and that staff will be trained appropriately to avoid this from happening in the future.”