Incident: NHS Scotland Covid Status App Privacy Failings Incident

Published Date: 2022-02-25

Postmortem Analysis
Timeline 1. The software failure incident involving the NHS Scotland Covid Status app happened in September 2021 [Article 124169].
System 1. NHS Scotland Covid Status app - The app failed to provide clear details about how personal information was being used, leading to privacy concerns and non-compliance with data protection laws [124169].
Responsible Organization 1. NHS National Services Scotland 2. Scottish government 3. Software company providing the facial recognition technology behind the app 4. Information Commissioner's Office (ICO)
Impacted Organization 1. NHS Scotland 2. Scottish government 3. NHS National Services Scotland 4. Software company providing facial recognition technology 5. Users of the NHS Scotland Covid Status app [Cite: Article 124169]
Software Causes 1. Lack of clear privacy information within the NHS Scotland Covid Status app at launch, leading to concerns about how personal information was being used [124169]. 2. Plans to share images and passport details of Scottish users with the software company providing facial recognition technology behind the app, which was deemed unnecessary for app functionality and unlawful in those circumstances [124169]. 3. Failure to address wider concerns about compliance with data protection law before launching the app, despite halting plans to share personal data with the software company [124169].
Non-software Causes 1. Lack of clear privacy information provided to users about how their personal information would be used by the NHS Scotland Covid Status app [124169]. 2. Failure to address concerns raised by the Information Commissioner's Office regarding the sharing of personal data with a software company providing facial recognition technology [124169]. 3. Launching the app without fully addressing wider concerns about compliance with data protection law [124169]. 4. Arrogantly rushing ahead with the launch of the app despite warnings from the Information Commissioner's Office to delay until concerns were addressed [124169].
Impacts 1. Lack of clear privacy information in the NHS Scotland Covid Status app led to criticism and reprimand from the UK's data watchdog, the Information Commissioner's Office [Article 124169]. 2. The failure to provide concise privacy information within the app at launch and ongoing failure to do so resulted in a halt to plans to share personal data with a software company and subsequent reprimand over non-compliance with data protection law [Article 124169]. 3. The incident raised concerns about compromising users' privacy and personal information, leading to public scrutiny and calls for improvements in data handling and transparency [Article 124169].
Preventions 1. Clear and transparent communication of how personal information would be used within the NHS Scotland Covid Status app could have prevented the software failure incident [124169]. 2. Providing concise privacy information that the average person could understand about the app's data usage could have helped prevent the incident [124169]. 3. Delaying the launch of the app until concerns raised by the Information Commissioner's Office were fully addressed could have prevented the privacy failings and subsequent reprimand [124169].
Fixes 1. Provide clear and concise privacy information within the app to explain how people's information will be used [124169]. 2. Ensure that privacy information is easily understandable for the average person [124169]. 3. Address concerns about potential non-compliance with data protection law before launching the app [124169]. 4. Implement improvements requested by the Information Commissioner's Office to enhance data protection and privacy measures [124169].
References 1. Information Commissioner's Office (ICO) [Article 124169] 2. Scottish government 3. NHS National Services Scotland 4. Scottish Conservative MSP Murdo Fraser

Software Taxonomy of Faults

Category Option Rationale
Recurring one_organization (a) The software failure incident related to privacy failings with the NHS Scotland Covid Status app has happened within the same organization, involving both the Scottish government and NHS National Services Scotland. The Information Commissioner's Office reprimanded both entities for failing to provide clear details about how personal information was being used in the app [124169]. (b) The incident involving privacy failings with the NHS Scotland Covid Status app has not been explicitly mentioned to have occurred at other organizations or with their products and services in the provided article.
Phase (Design/Operation) design, operation (a) The software failure incident related to the design phase was primarily due to the failure of the NHS Scotland Covid Status app to provide clear details about how personal information was being used. The Information Commissioner's Office (ICO) reprimanded both the Scottish government and NHS National Services Scotland for not being upfront with people about how their information was being used when the app was launched. The ICO had concerns about the app sharing images and passport details of users with the software company providing facial recognition technology, which was deemed unlawful and unnecessary for the app's functionality [Article 124169]. (b) The software failure incident related to the operation phase was evident in the ongoing failure of the Scottish government and NHS National Services Scotland to provide concise privacy information within the app so that the average person could understand how their information was being used. The ICO highlighted the initial failure to provide adequate privacy information at the app's launch and the continued lack of clear information about data usage to users. Despite halting plans to share personal data with the software company, the app was still launched without fully addressing compliance concerns with data protection law, indicating operational shortcomings [Article 124169].
Boundary (Internal/External) within_system (a) within_system: The software failure incident related to the NHS Scotland Covid Status app was primarily due to factors originating from within the system. The app failed to provide clear details about how personal information was being used, leading to privacy concerns and criticism from the Information Commissioner's Office. The app's design and implementation, including plans to share personal data with a software company for facial recognition technology, were key internal factors contributing to the failure [124169]. (b) outside_system: There is no specific information in the article indicating that the software failure incident was primarily due to factors originating from outside the system.
Nature (Human/Non-human) non-human_actions, human_actions (a) The software failure incident in the NHS Scotland Covid Status app was primarily due to non-human actions. The failure stemmed from the app's plans to share the images and passport details of Scottish users with the software company providing the facial recognition technology behind it. This sharing of personal data was designed to improve the facial recognition software but was deemed unnecessary for the app's functionality and provided no benefit to the user. The Information Commissioner's Office (ICO) found this sharing of data to be potentially unlawful in those circumstances, leading to concerns about non-compliance with data protection laws [124169]. (b) Additionally, human actions played a role in the failure as the Scottish government and NHS National Services Scotland were reprimanded for their initial failure to provide adequate privacy information within the app at launch and an ongoing failure to provide concise privacy information so the average person could understand how the app was using their information. The ICO highlighted that the app was launched without fully addressing its wider concerns about compliance with data protection law, indicating a lack of proper communication and transparency from the human side [124169].
Dimension (Hardware/Software) software (a) The software failure incident reported in Article 124169 was not due to hardware issues but rather due to privacy failings in the NHS Scotland Covid Status app. The failure was related to the app's handling of personal data and privacy concerns, such as inadequate privacy information provided to users, plans to share personal data with a software company for facial recognition technology, and ongoing failures to provide concise privacy information to users [124169]. (b) The software failure incident in Article 124169 was primarily attributed to contributing factors originating in software, specifically related to the design and implementation of the NHS Scotland Covid Status app. The app failed to provide clear details about how personal information was being used, leading to privacy concerns and a reprimand from the Information Commissioner's Office. Issues included inadequate privacy information at launch, plans to share personal data with a software company for facial recognition technology, and ongoing failures to provide concise privacy information to users [124169].
Objective (Malicious/Non-malicious) non-malicious (a) The software failure incident related to the NHS Scotland Covid Status app can be categorized as non-malicious. The failure was primarily due to the app's failure to provide clear details about how personal information was being used, leading to privacy concerns raised by the Information Commissioner's Office [124169]. The concerns were related to inadequate privacy information within the app, ongoing failure to provide concise privacy information, and plans to share personal data with a software company for facial recognition technology without clear necessity or benefit to the user. The incident was more about negligence and lack of transparency rather than intentional harm to the system.
Intent (Poor/Accidental Decisions) poor_decisions (a) The intent of the software failure incident was poor_decisions. The failure of the NHS Scotland Covid Status app was primarily due to poor decisions made by the Scottish government and NHS National Services Scotland. The Information Commissioner's Office reprimanded both entities for failing to provide clear details about how personal information was being used in the app, despite being urged to do so. The decision to launch the app without adequately addressing privacy concerns and without providing concise privacy information to users was highlighted as a poor decision that compromised users' privacy and personal information [124169].
Capability (Incompetence/Accidental) development_incompetence, unknown (a) The software failure incident related to development incompetence is evident in the case of the NHS Scotland Covid Status app. The app failed to provide clear details about how personal information was being used, leading to criticism and reprimand from the UK's data watchdog, the Information Commissioner's Office [124169]. The ICO highlighted concerns about the app sharing users' images and passport details with a software company for facial recognition technology, which was deemed unlawful and unnecessary for the app's functionality. Additionally, the Scottish government and NHS National Services Scotland were reprimanded for their initial failure to provide adequate privacy information within the app at launch and an ongoing failure to provide concise privacy information for users to understand how their data was being used [124169]. (b) The software failure incident related to accidental factors is not explicitly mentioned in the provided article.
Duration temporary The software failure incident related to the NHS Scotland Covid Status app can be categorized as a temporary failure. The app failed to provide clear details about how personal information was being used, leading to privacy concerns and a reprimand from the Information Commissioner's Office [Article 124169]. The failure was due to specific circumstances such as inadequate privacy information within the app at launch and ongoing failure to provide concise privacy information, rather than being a permanent failure caused by all circumstances.
Behaviour crash (a) crash: The software failure incident in the NHS Scotland Covid Status app can be categorized as a crash. The app failed to provide clear details about how personal information was being used, leading to concerns about privacy violations. The Information Commissioner's Office reprimanded both the Scottish government and NHS National Services Scotland for not being upfront with people about how their data was being used, indicating a failure in the system's intended functions [Article 124169].

IoT System Layer

Layer Option Rationale
Perception None None
Communication None None
Application None None

Other Details

Category Option Rationale
Consequence harm, unknown (a) unknown (b) unknown (c) unknown (d) unknown (e) unknown (f) unknown (g) no_consequence (h) harm: The software failure incident did not result in direct harm to individuals, but it did lead to privacy failings and concerns about how personal information was being used, which could potentially harm individuals' privacy rights [124169]. (i) unknown
Domain health (a) The failed system was related to the health industry, specifically the NHS Scotland Covid Status app, which was criticized for privacy failings in handling personal information related to Covid-19 status checks [Article 124169].

Sources

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