CONCERNS over patient confidentiality have been raised by a Hakin landlord who found stacks of medical records stashed away in his attic.

Peter Eaton said he was shocked to find five bin bags-full of mental health records hidden between the joists and under the fibreglass of his attic when he was renovating his property in Haven Drive in February.

Mr Eaton said: "There were diaries, records and personal letters from patients to their doctor in those files. I was quite concerned about it so I rang the health board the same day."

After launching an investigation into the potential Data Protection Act breach, Hywel Dda Health Board concluded that the records were in the care of a previous tenant, who was a former NHS employee.

But the Information Commissioner's Office (ICO) decided that no further action would be taken against the health board because of the longevity of the incident, which dated back to 2005.

A spokesman for the ICO said: "Because the data controller at the time of the incident, the Pembrokeshire and Derwen NHS Trust, is no longer in existence we do not consider it proportionate to hold the Hywel Dda Health Board accountable for an incident of this age.

"It seems apparent that the actions of the staff member were contrary to existing policies. Therefore, the case as reported to us does not appear to meet the criteria set out in our Data Protection Regulatory Action Policy necessitating further action by the ICO."

The health board said that it had no jurisdiction over the member of staff or his partner, both of whom are no longer registered practitioners and no longer live in the UK.

Hywel Dda Health Board medical director Dr Sue Fish said that the origin of the incident was reported to the Information Commissioner's Office (ICO) and the police earlier this year.

But a Dyfed-Powys Police spokesman said that "Dyfed-Powys Police has not received a formal report/complaint of this incident."

Dr Fish added that the origin of the incident was "years ago under a predecessor organisation".

She added: "The ICO found the case did not meet the criteria that would necessitate any further action, and no criminal proceedings were taken against any individual.

"The Health Board also informed the police. Based on this, and on clinical advice, the health board has not informed any specific individuals as it was not deemed in their best interests."

Dr Fish said that after a thorough internal investigation, the incident was reported this in the health boards Annual Governance Statement.

She added: "We have taken actions to prevent such an incidence from happening again, including reminding staff about their responsibilities in relation to safe-guarding patient records and the sanctions that would be applied should they knowingly fail to comply."