Mmm. Not sure Art.14(5)(c) covers that:
"(c) obtaining or disclosure is expressly laid down by Union or Member State law"
Surely that means where there's a power or obligation to obtain or disclose? Law of confidentiality doesn't give the Controller a power or obligation to obtain, surely? Just covers what is done (or, perhaps, not done) with data once it has been obtained.
Isn't Art.14(5)(d) more applicable?
"(d) where the personal data must remain confidential subject to an obligation of professional secrecy regulated by Union or Member State law, including a statutory obligation of secrecy."
If we're talking about Mental Health Practitioners etc subject to professional codes of conduct, including confidentiality, and the data was obtained where there was an expectation of confidence, then common law duty of confidence would come into play.
Ben Heathcote
Information Security Officer (Compliance)
Information Security & Governance Team
IT Service
Newcastle University
NE1 7RU
Telephone: 0191 208 6950
Email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 24 September 2018 08:24
To: [log in to unmask]
Subject: Re: [data-protection] Friday conundrum
"Would not the common law duty of confidence be in play here?"
I would say so and that Art 14(5)(c) may apply. Whistle-blower confidentiality is protected by law. It is a pity that 14(5)(b) was limited to paragraph 1 information as disclosing like this clearly renders the operation of any sensible whistleblowing scheme impossible
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