The private hospital at the centre of a scandal around alleged attempts to access the Princess of Wales’s medical records did not report the suspected breach to the authorities for more than seven days after she was discharged, it is claimed.

Three members of staff at The London Clinic are under investigation over claims of a data breach at the clinic, with the trio believed to have been suspended and facing professional sanctions if proven to have accessed her private medical information.

The alleged breach took place at the clinic after the future Queen was admitted for planned abdominal surgery on January 16, with Kate being discharged 14 days later. She has rarely been seen in public since then, leading to cruel conspiracy theories on social media about her wellbeing and health.

It was claimed one member of staff attempted to view her medical records while she was a patient there.

The Information Commissioner’s Office (ICO) is investigating the incident, with reports claiming that part of the probe will look into whether there was a delay in the clinic flagging it them amid claims it took more than a week for a ‘breach report’ to be filed.

Official rules state that any personal data breaches must be reported within 72 hours of their discovery, while data protection rules mean the private hospital could be fined up to £17million if found to have committed wrongdoing, one expert has claimed.

King Charles has also used the clinic in recent months, first for treatment for an enlarged prostate and then after he was diagnosed with cancer. However, his private medical information was not affected by the breach.

The ICO says it is investigating the incident as the clinic itself says it will take ‘all appropriate steps’ to investigate the alleged breach. 

It is believed the police could probe the allegations, with one government minister claiming the Metropolitan Police have been ‘asked to look at it’, although the force says it is not aware of any referral as of yet. 

The CEO of The London Clinic vowed on Wednesday that ‘all appropriate investigatory, regulatory and disciplinary steps will be taken’ as it investigates the data breach claims.

Al Russell, broke his silence yesterday, saying in a statement: ‘Everyone at the London Clinic is acutely aware of our individual, professional, ethical and legal duties with regards to patient confidentiality.

‘We take enormous pride in the outstanding care and discretion we aim to deliver for all our patients that put their trust in us every day.

‘We have systems in place to monitor management of patient information and, in the case of any breach, all appropriate investigatory, regulatory and disciplinary steps will be taken.

‘There is no place at our hospital for those who intentionally breach the trust of any of our patients or colleagues.’

Executives have remained tight-lipped over the nature and extent of the embarrassing breach of private records.

In addition to the alleged breach itself, the ICO is also said to be investigating whether the clinic delayed notifying the watchdog.

Official rules state that any personal data breaches must be reported within 72 hours from their discovery if a risk is posed to a person’s rights or freedoms.

However, reports suggest the ICO did not receive a ‘breach report’ for more than a week after Kate was discharged from the hospital on January 29. 

One source told The Guardian that ‘timeliness of reporting’ was part of its ‘ongoing’ probe into the hospital.

A spokesperson for the clinic told ITV News that they would not comment further other than to say ‘all our patients, no matter what their status, deserve total privacy and confidentiality regarding their personal medical information.

The Princess is said to be aware of the allegations, while a spokesperson for Kensington Palace said: ‘This is a matter for the London Clinic.’

The ICO said on Wednesday: ‘We can confirm that we have received a breach report and are assessing the information provided.’

ONe data protection expert claimed that the Waleses could even sue The London Clinic if the breach is proven to have taken place. 

Iain Wilson, from Brett Wilson LLP, told The Sun: ‘They’ve obviously got obligations to keep medical records secure through the Data Protection Act.

If it is found they didn’t have sufficient systems in place, for instance, they hadn’t trained staff properly, then they could be fined by the information commission officer.

‘A very large sum, I think up to £17.5million or 4 per cent of an organisation’s annual worldwide turnover and potentially sued by the individuals in question.’

He added that the hospital might have had ‘all the training and systems in place’ and the incident took place through a ‘rotten egg’ which is difficult to guard against.

According to the 2018 Data Protection Act, it is an offence to obtain or disclose personal data ‘without the consent of the controller’.

A spokesperson for the General Medical Council, which is the watchdog for doctors, told the Telegraph: ‘Patients must have confidence that their personal information is protected at all times.

‘Our guidance is clear: we expect doctors to make sure any personal information about patients is effectively protected at all times against improper access, disclosure or loss, and they must not access a patient’s personal information unless they have a legitimate reason to view it.’

Jon Baines, a data protection specialist from the law firm Mishcon de Reya, told ITV News: ‘Any investigation by the ICO is likely to consider whether a criminal offence might have been committed by an individual or individuals.’

‘Section 170 of the Data Protection Act 2018 says that a person commits an offence if they obtain or disclose personal data ‘without the consent of the controller’.

‘Here, the ‘controller’ will be the clinic itself.’

While the allegations are being probed by the ICO, it is also claimed that the police could investigated the situation alongside the watchdog.

A source told The Mirror: ‘The IOC will deal with anything as a criminal matter which could end up in a Magistrate’s Court, but if there were further claims of wrongdoing such as a conspiracy to distribute illegally accessed information, then that could be a matter for the police.’

The Metropolitan Police has said it is not aware of any referral to the force regarding the incident at this time.

However, Health Minister Maria Caulfield said she understood ‘police have been asked to look at it’.

Speaking to Sky News, she said the allegations were ‘pretty serious stuff’.

She said: ‘I say this as someone who’s still on the nursing register, that the rules are very, very clear for all patients. That unless you’re looking after that patient, or they’ve given you their consent, you should not be looking at patients’ notes.

‘So there are rules in place and the Information Commissioner can levy fines, that can be prosecutions, your regulator, so as a nurse my regulator would be the NMC (Nursing and Midwifery Council), can take enforcement action… and can strike you off the register if the breach is serious enough.

‘So there are particularly hefty implications if you are looking at notes for medical records that you should not be looking at.’

When asked if the Met Police should also be looking into the matter, she said: ‘My understanding is that police have been asked to look at it – whether they take action is a matter for them.’

Royal experts say Kate has likely been left shocked by the news of the alleged data breach – but will be too busy focusing on her own recovery to let it get to her.

Ingrid Seward, royal biographer and editor-in-chief of Majesty Magazine, told the Mirror the news will have come as ‘a shock to the palace, a shock to the Princess and a shock to her husband and (to her) father-in-law, the King’.

‘For the London Clinic, it is an embarrassment of the worst kind and they will do their best to appease everyone concerned,’ she continued.

But Ms Seward added: ‘As for Catherine it is another emotional upset; she is going to have to put behind her. She is far stronger than she looks. She will not allow her battered emotions to get the better of her.’

Quizzed by reporters on Wednesday, Rishi Sunak’s official spokesman has urged Brits to ‘get behind the Princess of Wales’.

Asked about the alleged breach at the London Clinic, the spokesman said: ‘Clearly there are strict rules on patient data that must be followed.’

And on whether people should give Kate a break, he added: ‘I think we all want to get behind the Princess of Wales, and indeed the Prince of Wales, and we obviously wish her the speediest of recoveries.’

The Princess of Wales has been the subject of a series of cruel conspiracy theories in recent weeks while continuing to recover from surgery she underwent in January.

Online trolls have suggested she is recovering from ‘Brazilian butt lift surgery’ or that she has even been replaced by a body double.

The toxic discourse has been fuelled further by the Mother’s Day photo shared from the Prince and Princess of Wales’ social media accounts earlier this month – after it emerged the picture had been digitally manipulated at source before release.

Global picture agencies including AP, Getty and PA issued a rare ‘kill order’ on the photograph after ruling that it had been manipulated beyond what they considered acceptable journalistic standards.

It had been hoped that footage of Kate walking happily with William outside a farm shop in Windsor at the weekend might have silenced those sharing theories online.

Instead, conspiracy cranks have pored over the footage trying to give weight to their completely unsupported suggestions that she has been replaced by a lookalike, or that the footage itself is old.

Even professional Kate lookalikes have made it clear that they believe it is the Princess herself in the footage – calling for the conspiracy wonks to leave her alone.

Palace sources have fumed at the ‘madness of social media’ as cruel trolls claim to have found ‘proof’ that the princess is more unwell than claimed, or has been replaced with a double.

Kensington Palace has stated since the start of the year that the Princess will not return to public duties until sometime after Easter.

It has not denied that the video of the Princess captured at the weekend is genuine.

According to a statement by Congress MP Adhir Ranjan, Sukhbir Singh Sandhu and Gyanesh Kumar will be the new election commissioners. However, their names still need to be approved by the president.

New Delhi: Days before the official announcement about the 2024 Lok Sabha elections, Congress MP Adhir Ranjanwho is also a member of the Prime Minister Narendra Modi-led committee that decides on the new election commissioners, has mentioned the commission’s choice for the two vacant posts of election commissioners. According to Adhir Ranjan, the names decided by the commission are just like the election commissioners Sukhbir Singh Sandhu And Gyanesh Kumar. However, the names will now be sent to the President of India, Droupadi Murmu, and only after her agreement will they be confirmed. Learn about bureaucrats and future election commissioners, Sukhbir Singh Sandhu and Gyanesh Kumar…

The current predicament was brought about by the retirement of former election commissioners — Anup Chandra Pandey, who left office on February 14 when he reached the age of 65 — and the shock resignation of Arun Goel, who resigned on Friday morning.

Lok Sabha elections 2024: Two election commissioners are expected to be appointed by March 15 in the wake of the departure of former officer holders, Anup Chandra Pandey and Arun Goel, from the Election Commission of India recently.

While Pandey retired last month on February 14, Arun Goel announced a surprise resignation on Friday, currently leaving only Chief Election Commissioner Rajiv Kumar as the sole member of the poll panel.

Citing sources, a PTI report said that the two vacancies are likely to be filled by March 15 and new election commissioners will be appointed by President Droupadi Murmu by that date.

How are election commissioners chosen?

As per the current setup, a search committee will be formed under the leadership of Union Law Minister Arjun Ram Meghwal, which will consist of a Home Minister and a Secretary of the Department of Personnel and Training (DoPT).

The search committee will first prepare two separate panels with five names each for the two posts.

Later, a selection committee headed by the Prime Minister and comprising Union Minister and Congress Party leader in the Lok Sabha Adhir Ranjan Chowdhury will nominate two persons for appointment as Election Commissioners.

The election commissioners are appointed by the president.

The selection committee could meet on March 13 or 14 depending on the convenience of the members and the appointments are likely to be made on March 15, the PTI report said, citing sources.

Appointment of CEC and ECs

Before a new law on the appointment of CEC and ECs came into force recently, the election commissioners were appointed by the President on the recommendation of the government, and as per custom, the eldest was appointed CEC.

Clause 2 of Article 324 of the Constitution provides that the Electoral Commission shall consist of the Chief Electoral Commissioner and such number of other Electoral Commissioners, if any, as the President may from time to time determine.

Arun Goel resigned

The current predicament was triggered by the retirement of former election commissioners — Anup Chandra Pandey, who resigned on February 14 when she reached the age of 65 — and the shock resignation of Arun Goel, who resigned on Friday morning, days before the elections. panel is expected to announce the schedule for the Lok Sabha polls,

Goel’s resignation was accepted by President Murmu on Saturday and the Ministry of Justice issued a notice announcing it.

Responding to questions about the reasons behind Goel’s resignation, the sources said, according to PTI, that he may have resigned due to personal reasons.

They also rejected the suggestion that there were disagreements between Goel and Kumar, saying records of internal communications, minutes and decisions show that Goel had not registered any dissent.

“When seasoned bureaucrats brainstorm on a topic, differences in opinion and perception are bound to arise. These cannot be described as differences,” they noted.

Notably, Goel was not present at the crucial meeting between the European Commission, the top ministry of home affairs and railway officials to strengthen the deployment and movement of central forces across India for election duties.

Goel was an IAS officer of the Punjab cadre in 1985. He had joined the Election Commission in November 2022. His term would expire on December 5, 2027, and he would have become Chief Election Commissioner (CEC) after incumbent Rajiv Kumar retired in February next year.

Ashok Lavasa had resigned as election commissioner in August 2020. He had made dissenting comments on several decisions on model code violations taken by the European Commission in the last Lok Sabha polls.

Members of the election committee

Originally, the Election Commission only had a CEC. It currently consists of the CEC and two election commissioners.

Two additional commissioners were first appointed on October 16, 1989, but they had a very short term of office until January 1, 1990. Later, on October 1, 1993, two additional election commissioners were appointed.

The concept of a multi-member EC has been in force since then, with the decision being taken by majority vote.

(With PTI inputs)

EXCLUSIVE

One of four people who witnessed the alleged collision that killed the South Australian police chief’s 18-year-old boy is the accused driver’s girlfriend.

Montana Rose Bowd’s version of events, which stems from her sitting in the front seat next to her boyfriend and driver Dhirren Randhawa, 18, in the front passenger seat, is dramatically different from that of the other three witnesses, according to court documents.

Randhawa has been charged over the alleged death of Charlie Stevens in Goolwa, south of Adelaide, during school celebrations on Friday, November 17.

Ms Bowd has told police that Mr Stevens came into the path of her friend’s car, while other witness statements, provided by friends of Mr Stevens, claim Randhawa struck the teenager after he lost control of the car.

Randhawa was granted bail on Monday with strict conditions banning him from contacting the four eyewitnesses, including Ms Bowd, his high school sweetheart.

Randhawa, a former Victor Harbor High School student and aspiring doctor, has been dating Ms Bowd for the past year.

According to the conditions, Randhawa is not allowed to have contact with or be within 100 meters of any witnesses. The advertiser reports.

Ms Bowd was sitting in the front seat of Randhawa’s magnetic blue VW Golf hatchback when he allegedly hit Mr Stevens on Beach Road about 9pm on Friday.

Mr Stevens had been in the area with friends to attend school celebrations, which had just started that evening, in nearby Victor Harbor.

According to court documents obtained by the Advertiser, Ms Bowd told South Australian police that Mr Stevens “went across the road into the path” of Randhawa’s car.

However, Mr Stevens’ friends – the other three witnesses – claim Randhawa made a U-turn and turned to the opposite side of the road, hitting Mr Stevens.

They said the group had stopped Randhawa moments earlier to ask if he could take them to school functions, but there was not enough room in his car.

Ms Bowd is not accused of any wrongdoing and there is no animosity between the groups.

Randhawa is said to have driven away before police officers arrested him a short time later on nearby Port Elliott Road.

Ms Bowd told officers that after Randhawa left the scene, he called his mother to ask whether he should call the police or go to the police station in person. She added that he was still on the phone when officers arrived.

Meanwhile, Mr Stevens was flown to Flinders Medical Center with an ‘irreversible brain injury’. His life support was turned off around 7pm on Saturday evening after family arrived from the interstate to say goodbye.

Randhawa has been charged with causing death by dangerous driving, aggravated driving without due care, leaving the scene of an accident after causing death and failing to actually answer questions.

He has yet to enter a plea to the charges, with the case postponed until early next year.

If found guilty, he faces a maximum prison sentence of fifteen years and disqualification from holding or obtaining a driver’s license for ten years.

While on bail, Randhawa is also not allowed to drive or be behind the wheel of any car and must live with his mother, hypnotherapist and author Amreeta Stara, at their home in Encounter Bay, according to the Advertiser.

He must also be on good behavior, surrender his passport, remain in the state and cannot reapply for his license, which was disqualified by police at the time of his arrest.

His mother posted $15,000 bail for his release.

Mr Stevens’ death is the 101st fatality on South Australian roads this year, compared to just 61 in the same period last year.

Earlier this week, his father, SA Police Commissioner Grant Stevens, shared a heartbreaking letter dedicated to his son, saying: “We will never forget your beautiful cheeky, disarming smile.”

Ms Stara offered her condolences to the Stevens family in a statement on Saturday.

“I extend my deepest condolences to the Stevens family and my heart breaks to think of the suffering and pain they are experiencing,” she said.

“Out of respect and recognizing that this is now a matter for the court, I will not comment further at this time.”

Randhawa will appear in court at the Adelaide Magistrates Court in March.