The healthcare industry is one of the most critically important sectors of society, deeply intertwined with individual and public well-being. It serves as a cornerstone of support during vulnerable moments, offering care and hope. However, when data breaches occur, the focus often shifts to organisational penalties, reputational damage or operational disruptions, overshadowing the profound consequences for individuals. Nowhere is this more significant than in healthcare, where the exposure of confidential patient information can lead to devastating emotional impacts. Patients may feel a profound sense of betrayal, fear, and loss of control over their most intimate details, undermining trust in the very systems meant to protect and care for them. As a result, addressing data protection and security effectively within healthcare has become a critical challenge.
State of UK Healthcare at Present
The UK healthcare sector has experienced its fair share of high-profile cyberattacks involving data breaches, leading to significant operational disruptions and compromising patient care. The most notable being the WannaCry Ransomware attack in May 2017 which affected over 60 NHS trusts. The incident led to the cancellation of appointments and surgeries as well as infecting more than 200,000 computer systems across 150 countries while encrypting sensitive data. More recently, in June 2024, healthcare provider Synnovis was hit by a ransomware attack that forced several London hospitals to cancel services and surgeries with the hacking group publishing the personal data of patients – including NHS numbers, names and test codes. This is just the tip of the iceberg and demonstrates the real-life impact on hospitals, their ability to deliver patient care and the victims who have their confidential patient information leaked – which could cause emotional distress and lead to fraud.
A key focus for many threat actors who target the healthcare industry is to extract the confidential patient information held within these institutions. This includes medical histories, diagnoses, treatment plans, and genetic information – all of which can be sold on the dark web or held for ransom for millions. In fact, according to Verizon’s 2024 Data Breach Investigations Report, the healthcare industry is one of the most targeted industries for cyberattacks and data breaches, with 98% of cybercriminals’ motives being financially driven. Unauthorised access or misuse of this data can severely impact patients and lead to personal embarrassment, discrimination, fraud or even psychological harm.
Data Protection Requires Compliance
The UK has robust data protection laws and frameworks that are designed to protect sensitive health information and ensure its ethical and lawful use. This includes the UK GDPR and Data Protection Act which defines health data as special category data that requires additional safeguards for its processing and security. NIS2 also aligns with these laws as it mandates clear requirements for organisations to adopt robust risk management measures to help protect patient data from breaches, unauthorised access and other cyber threats.
Addressing these data protection requirements goes beyond ensuring regulatory compliance – it is key to building patient trust, driving sustainable improvements in care delivery, and fostering continued innovation in medical technology and healthcare services. A clear example of such innovation is the use of AI within the healthcare industry which is driving advancements in diagnosis, treatment, and efficiency. It is enabling earlier and more accurate detection of diseases through predictive analysis and medical imaging which is having positive patient outcomes.
In general, this presents a complex set of data protection challenges for healthcare providers to navigate. These challenges arise not only from the diverse nature of data processing activities, such as patient care, research, and administrative functions but also from the intricate relationships with partner organisations, suppliers, and third-party service providers. With AI, issues around transparency, establishing an appropriate lawful basis, and sharing of such data with third parties or various other health services come into question.
Moreover, non-compliance with these regulations and frameworks can result in severe consequences for healthcare institutions, including substantial financial penalties, legacy actions, and reputational damage. The harshest fines can reach up to £17.5 million or 4% of annual turnover for GDPR breaches yet the maximum fine in the UK in the healthcare sector to date has been €90,334, issued by the ICO to The Tavistock & Portman NHS Foundation Trust. Should an organisation be found non-compliant with the NIS2 framework, they may incur maximum penalties of €7,000,000 or 1.4% of the annual global revenue, whichever the greater amount if the institution is classified as an ‘important entity’. For ‘essential entities’, the fine could reach up to either €10,000,000 or 2% of the global yearly revenue, again, whichever is the greater amount. The NHS specifically has its Code of Confidentiality which guides NHS organisations around handling patient information and the Digital Data Security and Protection Toolkit which aids healthcare organisations review and improve data security practises.
Operational disruptions, increased oversight and costly remediation measures can further impact severe delivery and patient care. Failure to comply erodes trust among patients and partners, risks disqualification from contracts, and stifles innovation. Ultimately, robust data protection and cybersecurity are essential to maintaining patient safety, trust, and institutional resilience.
Outsourcing a DPO is an Option
Responsibility for ensuring data protection compliance typically falls on the shoulders of the Data Protection Officer (DPO) but because there is a shortage of skills within the data protection industry, finding a DPO that has the relevant experience or qualifications is a challenge in itself. Often, security professionals within the company, like the CISO, or Heads of Security, Legal or IT may include DPO responsibilities within their job roles, but this would generally be considered a conflict of interest (and therefore non-compliant). This is because, even if a DPO is recruited in-house, they may struggle to maintain independence from other business functions. There may also be budgetary restrictions in place – an issue well documented within the healthcare sector – where hiring a dedicated DPO will be difficult. As an alternative solution, it is recommended organisations obtain the DPO expertise through consultancy or DPO as a Service which can be full-time or on a part-time basis, according to demand.
DPO as a Service is a structured approach to enhancing data protection and compliance. It uses assistance and expertise from certified data protection experts to help the organisation review and prioritise its data protection goals. These experts can also help the business stay compliant with the law by offering guidance and overseeing adherence, playing a crucial role in the success of the data protection programme. The outcome is a thorough, cost-efficient, and fully accountable service that ensures compliance with all relevant policies, procedures, and legal obligations.
With the real threat of suffering a cyberattack, having a DPO – whether in-house or outsourced – is essential for healthcare organisations due to the sensitive nature of the data they handle. The industry has several regulations and laws that require compliance and address the need to safeguard patient personal data and mitigate the impact of suffering a data breach. By having a dedicated expert focused on data protection, healthcare institutions can build trust with patients, avoid legal penalties, and ensure the integrity and confidentiality of patient information. Thankfully, there are options available to those who don’t already have a dedicated DPO in place.
By Chris Linnell, Associate Director – Data Privacy at Bridewell
