See also Local Govt Ombudsman reports on Basildon Council, who published the names of several individual travellers living at a specific site in a committee report. ICO found against the Council following complaints from some of the travellers, but three others then complained to the LGO. The LGO noted that the ICO did not have powers to award compensation and decided he had jurisdiction.
Finding was maladministration causing injustice: "I have concluded that the Council's decision to
publish details of all the travellers' medical and educational needs in the report
amounts to maladministration. Much of the information in the report was exempt
information that should only have been considered in closed session when the press
and the public are excluded. I am supported in this view by the findings of the
Information Commissioner. He ruled that publication of sensitive personal data was
likely to amount to a breach of the data protection principles when he investigated a
complaint from travellers on the Broadlands site who were identified in the same
report."
He also said "I share the Council's view that it would be helpful to have guidance on how to
reconcile the duty imposed by the Data Protection Act to safeguard sensitive
personal information with the duties in the Local Government Act to conduct Council
business in public and to publish Committee reports and papers. I am glad to note
from the Information Commissioner that guidance for local authorities has now been
drafted."
I can't recall seeing this guidance, but am I forgetting something?
http://www.lgo.org.uk/complaint-outcomes/other-categories/other-archive-2008-09/basildon-district-council-fr-06-16993/
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: Thursday 13 January 2011 09:29
To: [log in to unmask]
Subject: [data-protection] It's not just the ICO who regulates data breaches
Ombudsman awards compensation to mother after incorrect address is sent to three government departments and her child support wrongly docked:
http://www.guardian.co.uk/money/2011/jan/12/parliamentary-ombudsman-criticises-government
Regards
Ibrahim Hasan
Solicitor and Director
Act Now Training Limited
www.actnow.org.uk
www.informationlaw.org.uk
http://twitter.com/ActNowTraining
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