Home » Pitfalls » Email & Data Protection for CQC registered providers

The Risks of Email in private medical practice

Explore the challenges and risks of sharing sensitive clinical data via email and the importance of data protection.

Security Concerns

Email is not always secure, both during transmission (from your computer to the recipient) and once it’s received (referred to as “at rest” encryption). Sensitive data can be exposed to unauthorised access through interception, shared email accounts, or even just being read in public.

Miscommunication Risks

Email communications are easily forwarded, shared, and edited, which increases the risk of unauthorised disclosure and compromises data protection.

Understanding the Risks

Why Email is Not Ideal for Clinical Data Communication

Dear Mr S,

Following your recent occupational health visit, could you kindly provide us with more information regarding the treatment of your diabetes?

At first glance, this may appear to be an innocent request for further details. However, the potential consequences are much more serious. Imagine this email being sent to a workplace, where the IT department forwards it to HR, unaware of Mr S’s diagnosis. Or perhaps Mr S opened the email on a crowded train, inadvertently exposing his medical history to fellow passengers. Even worse, what if the email was sent to the wrong address and is now being forwarded to the Information Commissioner due to a serious data protection breach?

This scenario highlights the critical importance of safeguarding sensitive personal information and adhering to data protection regulations. The potential for unauthorised disclosure, whether accidental or not, can have severe consequences for both the individual and the organisation.

Common Questions About Email and Clinical Data

Clarify common misconceptions and get answers to your questions about using email for clinical data communication.

Is email a secure method for sending clinical data?

No, email is not considered secure for sending clinical data.  Health data – such as diagnoses, medication and treatment plans – are classed as ‘special category data‘ under the UK General Data Protection Regulations (GDPR).  Article 32 of GDPR requires appropriate technical and organisational measures to be put in place to reduce the risk of unauthorised disclosure.

The NHS uses email?

NHS staff can communicate internally using the NHS.net email system because it is secure.  Third parties with accreditation under DCB1596 can also use email to exchange sensitive data in certain circumstances.   However, NHS Digital’s guidance clearly states that staff must “never send personal, sensitive or confidential information to a non-secure email address unless it is encrypted“.

What are the alternatives to email for personal data?

The most common alternative is to add an extra layer of encryption when using email. This may involve sending an encrypted attachment, with the password shared through a different communication method. Alternatively, more complex solutions, such as secure web interfaces, can be set up.

How does the CQC approach breaches of Data Protection?

The CQC assesses data protection standards under the Key Lines of Enquiry (KLOEs) for organisations that are well-lead. Specifically,  KLOE W6, section 6.7, considers whether there are “robust arrangements […] to ensure the availability, integrity and confidentiality of identifiable data, records and data management systems, in line with data security standards“.

Talk to us about data protection

Don’t let outdated communication methods compromise the integrity of your medical services. Contact us now to discover how our consultancy services can improve your your data practices and ensure compliance with CQC and ICO regulations.