In the words of the GDPR you have to be able to demonstrate a risk to the individuals rights and freedoms.
On the face of it I would say no as the disclosure was limited and additionally one could argue that despite it being medical data it does not necessarily cause any significant detriment to the subject.
However there are any number of additional factors that could change that conclusion. For example:
The nature of the disease might call be embarrassing or call into question the morals of the data subject (eg an STD)
The two John Smith's know each other or at least work in the same place
The recipient has circulated the information more widely
John Smith is a well-known public figure
I know John Smith is a placename here but actually you can argue that common names are more difficult to pinpoint to an individual so the amount of detail in the letter allowing the specific John Smith to be identified might also be a factor
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 16 October 2018 09:38
To: [log in to unmask]
Subject: [data-protection] Notifiable breach - straw poll
Your HR department discovers that a student John Smith may have contracted an infectious disease whilst on an assignment in Africa.
It writes to John setting out its concerns and asking him to contact the medical service before returning to college in October. The letter is sent to the wrong John Smith. John’s condition is not public knowledge.
Is this personal data breach notifiable to the Information Commissioner?
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