The organisation has to take action. Risk assess how to take that action, and balance protection of the subject from further harm with protecting all the clients and their compliance as an employer.
Is there a way they could have identified this without the subject making a complaint? Can you address it with the accused (for want of a better word!) without bringing the subject into it? Whilst it is difficult if the subject does not wish to stir things up, you've said there are safeguarding issues. At the moment, the organisation is potentially not safeguarding the subject because they're allowing the breach/issue to happen.
I know what it's like when you're trying to handle a situation when the person reporting the issue doesn't want the alleged person to know, but I don't think an employer can step back from this and do nothing. As you say, what's the defence for letting it continue without investigation or action?
Victoria Blyth
Information Strategy Manager
Information Management Team
London Borough of Barnet,
2 Bristol Avenue, Colindale,
London NW9 4EW
Tel: 020 8359 2015
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 28 August 2019 10:44
To: [log in to unmask]
Subject: [data-protection] Ethical Dilemma
You have strong, credible evidence, that an employee is breaching subject confidentiality by accessing information on a subject and passing it on. Breach of confidentiality, DPA/GDPR, professional duties, and a likely CMA criminal offence.
Subject is aware but does not want to pursue a complaint - fears the consequences and there are safeguarding issues.
Do you simply do nothing - other than trying to persuade / support the subject? If so how would you defend yourself if the employee does something similar in the future and it turns out you took no action to prevent further abuses?
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