Six-year campaign over government’s handling of patient data breaches settled today.
The consent order to settle a claim brought by campaign group Justice4Patients against the Falkland Islands Government, the Governor, and the Director of Health and Social Services was read out by Chief Justice James Lewis KC this morning.
The claim related to two instances of unauthorised access to patients’ medical records by former staff at the islands’ only hospital; one in 2019 when an auxiliary nurse accessed patient files without reason and one in 2022 when an admin worker accessed 289 patient records.
His Lordship Mr Lewis said this morning that the respondents to the claim, the Falkland Islands Government, the Governor, and the Director of Health, breached the constitutional rights of Section 19 of the Falkland Islands Constitution that relate to the unauthorised access.
To dispose of the Supreme Court case, the respondents agree to; issue a public apology, which was delivered in the Legislative Assembly in August; to commission an independent review looking into the government’s response to the data breaches and provide overview and assessment to practices at the KEMH; and that the respondents pay financial compensation and the legal fees of the group.
The consent order is the outcome of a six-year campaign by Justice4Patients members who outline the “concerning” way the government and others acted while they tried to resolve the matter before being “forced to take the case to the Supreme Court.”
In a statement Justice4Patients says it’s hoped the review will go ahead next year and draws attention to the oaths taken by MLAs and the Governor to uphold the constitution: “We believe they should all reflect on this oath and duty; did they take appropriate action once they became aware of the facts years ago?”
The group ends the statement by asking prospective MLAs to consider bringing in a Duty of Candour for government officers.
