Surely PA Consulting should immediately be sued out of existence. This kind of behaviour must be considered beyond negligent, practically criminal. I would strongly support throwing anyone involved in this into jail for a long time as a deterrent against future criminals. This is just unbelievable.
According to them, they got approval for doing that: > The alternative was to upload it to the cloud using tools such as Google Storage and use BigQuery to extract data from it. As PA has an existing relationship with Google, we pursued this route (with appropriate approval). This showed that it is possible to get even sensitive data in the cloud and apply proper safeguards.
In general, exporting personal data outside of the EEA requires the explicit notification of the data subject under UK data protection law (among other consequences of the first Principle[1]). Moreover, the rules for even processing sensitive personal information, which includes health-related information, are significantly stronger than the general case.
They should never had been given that data in the first place, of course, and giving it to them should clearly be illegal on the part of whoever disclosed it. If it turns out not to have been, that will be a compelling case for dramatically strengthening the legal data protection and privacy framework in the UK. But I don't see how either the original source or PA Consulting can get around the basic conditions for processing sensitive personal data[2]. In particular, the most likely condition they might appeal to here in the absence of explicit consent reads:
"The processing is necessary for medical purposes, and is undertaken by a health professional or by someone who is subject to an equivalent duty of confidentiality." [Emphasis added]
Even once they had it, that still doesn't give them a free pass on exporting the data outside the EEA without notification (see [3]), or actually processing the data themselves for that matter.
[1] http://ico.org.uk/for_organisations/data_protection/the_guid...
[2] http://ico.org.uk/for_organisations/data_protection/the_guid...
[3] http://ico.org.uk/for_organisations/data_protection/the_guid...