Doorstep Dispensaree Ltd (appellant) v The Information Commissioner (respondent)

Thursday 21 November 2024

By Appellant’s Notice filed on 21 November 2023, the Appellant, Doorstep Dispensaree Ltd, Appellant below, appeal the decision of the Upper Tribunal (Administrative Appeals Chamber) dated 22 June 2023 refusing an appeal from a decision of the First-tier Tribunal (General Regulatory Chamber) (Information Rights) dated 9 August 2021.

Background – Doorstep Dispensaree Limited (‘DDL’) is a pharmacy that operates as both a ‘closed’ online pharmacy and as retail pharmacy. The online pharmacy’s business includes the supply of medicine to care homes.

The Medicines and Healthcare Products Regulatory Agency (‘MHRA’) executed a search warrant on 24 July 2018.

The Information Commissioner (‘ICO’) was not present during the search but was contacted by the MHRA on 31 July 2018. The MHRA told the Commissioner that 47 stacked, unlocked crates had been recovered from the yard at the Property, and that these all contained personal data relating to DDL’s pharmacy business. The MHRA told the Commissioner that approximately 500,000 documents had been recovered. It described the personal data as being that of residents in care homes and as comprising names; addresses; dates of birth; NHS numbers; medical information; and details of prescriptions.

The ICO issued DDL a Monetary Penalty Notice (‘MPN’) under s.155 of the Data Protection Act 2018 imposing a fine and an Enforcement Notice.

The Appellant appealed to the First Tier Tribunal against both the MPN and the Enforcement Notice.

View hearing:

Part 1

Part 2