There is not necessarily an organisational breach here in terms of
disclosure / disposal if the copies (as may well be the case) came from
one of the parties.

However if the information is particularly sensitive I would say both
the HO and Council may be in the firing line under P7 as I would say
that in such cases it would be an appropriate step to mark all copies
disclosed in such a way as to identify the source i.e. there should be
some marking on the documents to show whose copy it was. Clearly not
done as if had been the investigation would be relatively easy.


Phillip Bradshaw


Room CY5C, County Hall

Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 06 September 2011 10:13
To: [log in to unmask]
Subject: Re: [data-protection] Does children's case management law trump
the dpa?

One question to ask. Which is a nightmare, even though in theory it is
simple is, does the health care organization keep data controllership as
a joint or in-common controller over the information and what weight
would that have?

I do not think there is any issue in disclosing the information you
mention and in fact many agencies share confidential and personal
information under an umbrella information sharing agreement, which may
incorporate formal statements on what might be expected in these
situations.

My own view on this is that the information MUST be shared if only from
an ethical point of view, as in my opinion (in that case at least) the
single most important thing is finding the root cause of the breach and
ensuring that it does not happen again.

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 06 September 2011 07:26
To: [log in to unmask]
Subject: [data-protection] Does children's case management law trump the
dpa?

Dear all,
I am wrestling with the following scenario.

Health care organisation xyz gets a call that some of their data (forms
and
documents) relating to child protection case ABC (which went to the high
court) were found in a garden 3 years after the case closed.

Health care organisation xyz begins to track back to find out how said
documents arrived in garden. Along the way they come to council 123.
Council 123 says we handled them as part of the case, provided them to
the relevant parties (solicitors and subjects to the proceedings as well
as the court). Case finished, council had no more role and it retained
its copies (sitting very nicely in secure storage unit undisturbed).
All well and good, but here is the issue.

Health care organisation wants names and contact details of the parties
to the child case to complete the investigation and find out who did not
handle or dispose properly the information from the health care provider
. There is concern that child proceedings are confidential and
healthcare organisation does not have authority nor is there a high
enough public interest to disclose the contact details of the party to
the dispute.

I cannot see a reason under the dpa to stop providing the contact
information. The health care organisation is trying to investigate a
breach so I would have thought schedule 2 (6) would have been
sufficient.

However, I am unaware of how the confidentiality proceedings around
children's cases go, but I would have thought that this would be
allowed.

Is anyone aware of and can point me to relevant case law or decisions
relating to maintaining the confidentiality of children's court cases as
overriding an organisation's legitimate interests in investigating the
apparent data breach?

One way to handle it, is to act as a middle man and do the investigation
and pass on the information but that does not remove the principle as
the health care organisation has to be able to contact the parties
involved and the council would still be processing personal information.

Any advice or guidance would be appreciated.

Best

Lawrence

Lawrence W. Serewicz
Principal Information Management Officer Room 4/140 Durham County
Council
DH1 5UF
0191-372-8371


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