Data breaches
Patients’ information lost, changed, or seen by someone who shouldn’t see it. For example:
The first 72 hours
- Straight awayContain it: recall the message, remove access, pause the tool if needed, and deal with any clinical harm.
- Same dayTell your DPO. Together, decide how serious it is and what to do next.
- Without undue delayTell the patients affected if there is a high risk to them, and if not already done. If a patient was harmed, the duty of candour applies too.
- Within 72 hoursReport it through the DSPT incident tool, if it is reportable.
Report through the incident tool in the DSPT, which notifies the ICO.1 If the tool caused or nearly caused harm, tell your CSO too.
Keeping records
Copy what matters into the medical record, agree with the supplier how long the tool keeps its copy, and follow NHS England’s Records Management Code of Practice.2
When to review the DPIA
- A new use: a new way of working, or new patients
- Supplier changes: where data goes, or a new subcontractor
- A breach that shows a risk you hadn’t spotted
- A year on, even if nothing else has changed
Every year
Every practice completes it. Add new tools to your list of information assets and data flows.3
Due by 30 June. DSPT explainerEvery member of staff refreshes data security awareness training.
What countsEnding a contract
- Get your data backIn a format you can use
- Confirm deletionIn writing from the supplier
- Remove accessStaff logins and links to your clinical system
- Update your recordsPrivacy notice and information asset register
References
- DSPT help: incident reporting. NHS England
- Records Management Code of Practice. NHS England
- Data Security and Protection Toolkit. NHS England
Sources on this page last checked 3 November 2026.