Doctors Could Face Prosecution If Their Laptops Are Stolen

According to an article in the Times, the Information Commissioner has been trying to persuade the House of Lords that, in pursuit of data protection, doctors should be fined up to £5,000 if they lose a lap-top containing confidential patient data. Looking at the bigger picture, however, one cannot help noticing that the principle could clearly be extended to other jobs and professions. All sorts of people use lap-top computers, anyone with IT related work or in an actual IT job.

The proposals seem to have been driven by reports of lap top computers being stolen when left in cars. Perhaps this has happened when the cars themselves were stolen. The MOD and the Home Office apparently lose large numbers of lap top computers in this way. In one such horror story a lap top, complete with its sensitive files, was said to have subsequently turned up on a council tip.

IT companies marketing encryption products could no doubt be expected to support such proposals. After all, its what they do, and encryption is a good thing. It does give data additional protection, and we all want our data to be kept securely. But its worth remembering that there are always alternative ways of looking at things.
For example, the report went on to say that 'the aim was not to create individual victims, but a deterrent was needed. Quite so! But who, one might ask, should the deterrent be aimed at, the people who just happen to have IT related jobs or careers, or the criminals who steal their cars?

The Commissioner is also reported to have said that 'anyone with confidential data on a computer should know the basics of encryption'. So again, one might ask, is it fair to expect doctors to be data security experts? Should we really expect this of people who just need to be able to use a computer but are not in IT related jobs or careers?

As a more reasonable alternative why not simply introduce stiff penalties for the theft of a computer, with further stiff penalties for any subsequent unauthorised handling or disposal of its contents?