Latest news with #DPC
Irish Times
2 days ago
- Health
- Irish Times
Dublin children's hospital ‘misplaces' child's record in ‘serious data-protection breach'
A Dublin children's hospital has had a 'serious data-protection breach' after a patient's healthcare record was 'misplaced', a memo sent to staff said. It comes in the same week as an unannounced inspection by the Data Protection Commission (DPC) following concerns about the accessibility of patient charts in a shared office at Children's Health Ireland (CHI) Tallaght . On Friday, Sarah Hartnett, data-protection officer at CHI , sent a memo to all staff members entitled 'misplaced healthcare records'. 'A healthcare record has recently been reported misplaced at CHI. Despite a thorough search process, the original record has not been recovered,' the memo said. READ MORE 'In accordance with our statutory obligations, this incident has been reported to the Data Protection Commission'. According to Ms Hartnett, this is a 'serious data-protection breach and a reminder of the critical importance of following all healthcare record procedures'. 'Staff must strictly comply with the HSE standards for healthcare records management and CHI data-protection policies'. Separately, the DPC carried out an unannounced inspection at CHI Tallaght last week on foot of a complaint. The inspection took place in a shared office for non-consultant hospital doctors (NCHDs) on the first floor of the hospital. It is understood the door to the shared office, containing hundreds of patient charts, was propped open – making it accessible to people walking by. When closed properly, the door is locked with a keypad. Dr Turlough Bolger, a consultant in emergency medicine, sent an email to staff at the hospital on Thursday morning, the day after the inspection. 'The report will be received in the coming weeks but they expressed concern regarding the number of charts in the room yesterday (approx 320 charts) and the amount of loose pages with patient details,' his email states. 'I expect that the recommendations will be wide-ranging and damaging to CHI at Tallaght.' Dr Bolger said he appreciates the 'hard work' made by staff to reduce the number of outstanding discharge charts in recent weeks, which has seen a 'significant reduction' from 900 to 600 charts. 'I have said repeatedly that there needs to be a sustainable approach to this issue. Ultimately, as the accountable officer in CHI at Tallaght, I am responsible for the overall situation regarding medical records.' Dr Bolger said as the accountable officer, he 'cannot rely on blitzes to clear backlogs as routine'. In order to clear the current backlog, Dr Bolger said he had requested that four NCHDs be allocated to discharges daily. He added that there was a need for 'an emphasis on the use of the confidential shredding bin for most of the loose pages'. A spokesman for the DPC confirmed a team carried out an inspection at CHI Tallaght last week. 'Enquiries relating to this inspection are ongoing at present,' the spokesman said. 'We are not in a position to provide any further comment at this time.' In relation to the unannounced inspection, a spokeswoman for CHI said a data breach 'has not been confirmed at this time' and the inspection related to a 'potential data breach'. 'Immediate measures have been taken to reduce any potential risk, including reinforcing physical safeguards and engaging directly with staff,' the spokeswoman said. 'Additional actions will follow, as appropriate, in line with our internal procedures and any recommendations issued by the DPC as part of its broader oversight.' The spokeswoman added that CHI is transitioning to a 'fully digital health records system and, once complete, this will significantly reduce reliance on paper charts'. CHI has faced significant public and political scrutiny in recent months, particularly in relation to the governance and oversight of its paediatric orthopaedic services.
STV News
5 days ago
- Business
- STV News
Buy now, pay later consumer protections proposed by Financial Conduct Authority
Buy now, pay later providers will have to check that people can afford to repay their loans and offer support if they get into financial difficulty under a consultation put forward by the Financial Conduct Authority (FCA). Borrowers will also be able to complain to the Financial Ombudsman Service if something goes wrong. The rules, giving consumers more transparency over what this type of borrowing involves, would take effect when buy now, pay later (BNPL) comes under the FCA's remit next year. The new oversight by the FCA would mean that BNPL borrowers will have key protections that already exist for other types of lending. The FCA also oversees the Consumer Duty, which requires financial firms to put consumers at the heart of what they do, including when designing products and communicating with their customers. Sarah Pritchard, deputy chief executive at the FCA, said: 'We have long called for BNPL products to be brought into our remit, so people can benefit from BNPL while being protected. 'Our regulation will help consumers navigate their financial lives, with checks on whether they can afford to repay, support when things go wrong and access to the right information to make informed decisions. 'We're mainly relying on existing requirements, including the Consumer Duty, rather than proposing to make lots of new rules, supporting growth and allowing firms to innovate.' BNPL products are a way for people to spread the costs of purchases without paying interest. BNPL options regularly pop up at online checkouts. But concerns have been raised that some people could end up taking out loans that they cannot afford to pay back on time, incurring charges. According to the FCA's research, one in five (20%) UK adults – equating to 10.9 million – had used BNPL at least once in the 12 months to May 2024, up from 17% in 2022. In May 2024, 2% of UK adults (equating to 1.1 million) had £500 or more outstanding unregulated BNPL debt, and 11% of UK adults (5.3 million) had £50 or more outstanding, the regulator found. The FCA's consultation is open for feedback until September 26 2025. A temporary permissions regime will be open for firms to register two months before the regime comes into force on July 15 2026. Firms will then have six months from the date the regime comes into force to apply for full authorisation. BNPL is a broad term which can include some credit agreements that are already regulated, the FCA said. Its new proposals relate to unregulated BNPL agreements, referred to as deferred payment credit (DPC). The Government has made legislation to bring DPC products under FCA regulation. DPC refers to unregulated interest-free credit, which finances the purchase of goods or services and that is repayable in 12 or fewer instalments within 12 months or less. Lenders who only provide DPC do not currently need to be FCA authorised, leading to concerns that some borrowers may not be receiving enough information about what credit agreements involve. Alison Walters, interim director of consumer finance at the FCA, told the PA news agency: 'Our proposals are aimed at ensuring that consumers get good consumer outcomes and that there is an appropriate degree of consumer protection. 'And by that, we mean that consumers get the right information, in the right way, at the right time, so that they can make an informed decision about their buy now, pay later lending.' She continued: 'What we're asking in our rules is for firms to carry out an affordability check, to ensure that consumers are able to pay. And if they get into financial difficulty to provide them with an appropriate level of support. 'We also want them to give more information in relation to late fees, consequences if they miss a payment, and impacts, for example, if it may affect credit ratings. 'And also information about their withdrawal and cancellation rights.' She added: 'If something goes wrong, consumers will be able to refer their complaint to the Financial Ombudsman Service.' Ms Walters said that in terms of supporting those in financial difficulty: 'Under our existing rules, firms can offer forbearance to consumers if they get into financial difficulty.' She said that could include changes in the payment plan and people can also be signposted to debt advice or other support mechanisms. Ms Walters added that under the new rules 'we still think that this market will be viable and profitable'. She pointed out that the BNPL market has already grown in size and popularity. According to the regulator, DPC lending has grown from £0.06 billion in 2017 to more than £13 billion in 2024. A Klarna spokesperson said: 'After five years of constructive work with HMT (HM Treasury), we're entering the home straight to make BNPL regulation a reality – a major win for UK consumers. 'We're looking forward to working with the FCA on rules that protect consumers while keeping choice and innovation at the heart of the UK credit market.' A spokesperson at BNPL provider Clearpay said: 'We will support the FCA as it consults on and finalises its specific rules for the sector.' The spokesperson said regulation 'will establish a consistent operating environment and clear compliance standards for all providers,' adding: 'Clearpay research highlighted that nearly half of UK adults (48%) are more likely to use BNPL once regulation is passed, and with 71% believing that it is important for BNPL to be subject to UK financial legislation, today's announcement will help foster trust among consumers. 'It will also create a more sustainable foundation for the future of BNPL as it continues to grow as an everyday payment option for consumers.' Vikki Brownridge, chief executive of StepChange Debt Charity, said: 'It's incredibly reassuring to see the FCA's consultation on its proposed approach to regulating buy now, pay later.' She added: 'Whilst BNPL can be a useful budgeting tool, it can deepen debt problems, and it is important struggling consumers are afforded the same level of protection as for other forms of credit. 'Bringing BNPL firms in line with the wider credit market, when regulation begins next year, will provide an added layer of protections for consumers, a much-needed change as StepChange polling found that BNPL users are twice as likely as all credit users to borrow to cover essential bills, and our research also found that BNPL is now as common as using an overdraft amongst UK adults.' Vix Leyton, a consumer expert at app ThinkMoney, said BNPL 'can be a really useful tool, particularly when life throws you an unforeseen cost that drives a wrecking ball through your budget. 'But while spreading the cost can take the pressure off, it's temporary relief if it's not done responsibly and mindfully.' She added: 'Proper affordability checks, in line with other credit products, are vital to stop people unintentionally kicking the financial can down the road, as is making sure that those in financially vulnerable positions understand the consequences of missed payments.' Rocio Concha, Which? director of policy and advocacy, said: 'Buy now, pay later can be a really convenient way to spread the cost of items, but because it is not yet regulated, it hasn't come without risk to consumers. 'Regulation will mean that consumers will be subject to affordability checks to ensure responsible lending as well as making sure they are given sufficient information about the credit they are taking on and the risk of falling into debt.' Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
Scottish Sun
5 days ago
- Business
- Scottish Sun
Huge buy now, pay later update for millions as major rule change to kick in – what it means for shoppers
Plus, we explain how to get help if you're in debt CREDIT TO YOU Huge buy now, pay later update for millions as major rule change to kick in – what it means for shoppers Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) HUGE changes are coming to popular buy now, pay later (BNPL) schemes, with new rules set to kick in next summer. The government has now legislated to bring these interest-free payment plans, officially termed "Deferred Payment Credit" (DPC), under the financial watchdog's rule. Sign up for Scottish Sun newsletter Sign up 1 BNPL products are a way for people to spread the costs of purchases without paying interest The shake-up, first revealed by The Sun in October 2024, will come into force on July 15, 2026 and will protect shoppers and enforce stricter rules. Under new rules proposed by the Financial Conduct Authority (FCA) today, lenders will have to check if borrowers can afford repayments and help them out if they run into financial trouble. Borrowers will also be able to file complaints with the Financial Ombudsman Service. BNPL products are a way for people to spread the costs of purchases without paying interest. But BNPL providers have operated largely outside strict financial rules, unlike traditional credit cards or loans. Concerns have been raised that some people could end up taking out loans that they cannot afford to pay back on time, incurring charges. According to the FCA's research, one in five UK adults – around 10.9million – had used BNPL at least once in the 12 months to May 2024, up from 17% in 2022. In May 2024, 2% of UK adults (1.1million) had £500 or more outstanding unregulated BNPL debt, while 11% (5.3million) had £50 or more outstanding, the regulator found. The FCA's consultation on BNPL rules, is now inviting feedback from lenders, consumer groups, and others until September 26, 2025. The final rules will be decided next year. Four methods you can use to clear debt Firms will have six months from the date the regime comes into force to apply for full authorisation. Sarah Pritchard, deputy chief executive at the FCA, said: "We have long called for BNPL products to be brought into our remit, so people can benefit from BNPL while being protected. "Our regulation will help consumers navigate their financial lives, with checks on whether they can afford to repay, support when things go wrong and access to the right information to make informed decisions." Debt charities and consumer rights groups have welcomed the news. Vikki Brownridge, chief executive of StepChange Debt Charity, said: 'It's incredibly reassuring to see the FCA's consultation on its proposed approach to regulating buy now, pay later. 'Whilst BNPL can be a useful budgeting tool, it can deepen debt problems, and it is important struggling consumers are afforded the same level of protection as for other forms of credit." Vix Leyton, a consumer expert at app ThinkMoney, added: "Proper affordability checks, in line with other credit products, are vital to stop people unintentionally kicking the financial can down the road, as is making sure that those in financially vulnerable positions understand the consequences of missed payments." Both Klarna and Clearpay support the measures. What will the new rules mean for shoppers? If a product or firm is regulated, it means that customers are covered by certain protections if they are treated unfairly or something goes wrong with their product or service. Firms will have to carry out strict affordability checks First and foremost, BNPL will be required to properly check if you can truly afford to repay a loan. This means no more easy credit for those who might struggle. The goal is to make sure BNPL lending is always affordable. BNPL providers aren't currently required to carry out such stringent checks, although some firms, like Klarna, have introduced them voluntarily. Customers will need to be properly informed This means you'll get much clearer information before you hit checkout. Before you commit to a BNPL agreement, companies will have to proactively give you essential details. This includes the 0% interest rate, the exact credit amount, the number and frequency of payments, and the cost of each payment. Crucially, they'll have to spell out the consequences of missed payments, including any charges and how it might impact your credit score. This will ensure you make an informed decision. If you hit a rough patch and miss a payment, the BNPL provider will also be required to act fast. They'll have to notify you as soon as possible, clearly stating any unpaid sums, including late fees. They also must provide information on how to avoid further problems and offer support. Firms are expected to treat customers in financial difficulty with "forbearance and due consideration". This includes guidance on managing your finances and access to free debt advice. Shoppers will be able to complain to the Financial Ombudsman Service Shoppers will soon be able to take complaints about BNPL firms to the Financial Ombudsman Service (FOS). Currently, BNPL users can't escalate issues to the FOS, which helps resolve disputes between consumers and regulated financial firms. Under the new rules, if you're unhappy with how a BNPL company handles your complaint, you'll be able to take it to the independent FOS for a fair and impartial resolution. This gives shoppers a stronger way to settle disputes if things go wrong and fight for compensation if they've been wronged. Shoppers will be able to return items for a full refund if they are faulty or were mis-sold Proposed changes will also bring BNPL products under Section 75 of the Consumer Credit Act, giving shoppers crucial protections. Currently, BNPL users may struggle to get refunds or replacements for faulty items, as these protections don't apply. Under Section 75, if you buy something costing £100 to £30,000 using BNPL credit and the goods are faulty, not delivered, or the retailer goes bust, the BNPL lender is equally responsible. This means shoppers can claim refunds, repairs, or compensation directly from the lender, even if the retailer is unavailable or out of business.
Canada News.Net
7 days ago
- Business
- Canada News.Net
High Court backs TikTok's legal bid against Ireland's data watchdog
DUBLIN, Ireland: TikTok has secured permission from the High Court to challenge a 530 million-euro fine imposed by Ireland's Data Protection Commissioner (DPC), which the company claims is "penal" in nature and infringes on its legal rights. The fine, announced on April 30, 2025, stems from the alleged unlawful transfer of European users' data to China, via remote access from Chinese-based personnel to data stored in the U.S. and Singapore. In addition to the fine, the DPC ordered TikTok to suspend such data transfers unless it brought its operations into compliance with EU transparency regulations within six months. At a High Court hearing this week, Justice Mary Rose Gearty permitted TikTok to proceed with a judicial review of the DPC's decision. She placed a temporary stay on the enforcement of the fine and related orders, pending the outcome of the review. TikTok Technology Limited (Ireland) and TikTok Information Technologies UK Limited are bringing the legal challenge. TikTok Ireland, headquartered in Dublin, is a wholly owned subsidiary of TikTok UK. The respondents in the case are the DPC, the State of Ireland, and the Attorney General. TikTok is seeking to have the DPC's decision quashed, arguing that the fine amounts to a criminal sanction and violates constitutional protections. The company further contends that the sections of the Data Protection Act relied upon by the DPC are invalid under the Irish Constitution, the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In documents filed with the court, TikTok acknowledges that both its Ireland and UK entities are "joint controllers" of European user data, but says that TikTok UK is ultimately responsible for paying the administrative fines — 485 million euros and 45 million euros respectively — which it argues are "criminal or penal" due to their nature and scale. TikTok also asserts that the fines breach Article 37.1 of the Irish Constitution, which governs the delegation of judicial powers. It argues that the fines and the limited right of appeal amount to an unjust and disproportionate interference with its constitutional rights to private property under Articles 40.3 and 43. The company further claims that the DPC's decision failed to provide the independent and impartial hearing required under the ECHR, asserting that such a significant penalty must meet higher procedural safeguards typically afforded in criminal cases. Justice Gearty approved TikTok's application to pursue the judicial review and adjourned the matter until October.
Malaysia Sun
7 days ago
- Business
- Malaysia Sun
Ireland's data watchdog faces court fight over TikTok penalty
DUBLIN, Ireland: TikTok has secured permission from the High Court to challenge a 530 million-euro fine imposed by Ireland's Data Protection Commissioner (DPC), which the company claims is "penal" in nature and infringes on its legal rights. The fine, announced on April 30, 2025, stems from the alleged unlawful transfer of European users' data to China, via remote access from Chinese-based personnel to data stored in the U.S. and Singapore. In addition to the fine, the DPC ordered TikTok to suspend such data transfers unless it brought its operations into compliance with EU transparency regulations within six months. At a High Court hearing this week, Justice Mary Rose Gearty permitted TikTok to proceed with a judicial review of the DPC's decision. She placed a temporary stay on the enforcement of the fine and related orders, pending the outcome of the review. TikTok Technology Limited (Ireland) and TikTok Information Technologies UK Limited are bringing the legal challenge. TikTok Ireland, headquartered in Dublin, is a wholly owned subsidiary of TikTok UK. The respondents in the case are the DPC, the State of Ireland, and the Attorney General. TikTok is seeking to have the DPC's decision quashed, arguing that the fine amounts to a criminal sanction and violates constitutional protections. The company further contends that the sections of the Data Protection Act relied upon by the DPC are invalid under the Irish Constitution, the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In documents filed with the court, TikTok acknowledges that both its Ireland and UK entities are "joint controllers" of European user data, but says that TikTok UK is ultimately responsible for paying the administrative fines — 485 million euros and 45 million euros respectively — which it argues are "criminal or penal" due to their nature and scale. TikTok also asserts that the fines breach Article 37.1 of the Irish Constitution, which governs the delegation of judicial powers. It argues that the fines and the limited right of appeal amount to an unjust and disproportionate interference with its constitutional rights to private property under Articles 40.3 and 43. The company further claims that the DPC's decision failed to provide the independent and impartial hearing required under the ECHR, asserting that such a significant penalty must meet higher procedural safeguards typically afforded in criminal cases. Justice Gearty approved TikTok's application to pursue the judicial review and adjourned the matter until October.
