Are you certain D did not tell anybody other than A about the information?
> On Sep 5, 2019, at 5:40 AM, Phil Bradshaw <[log in to unmask]> wrote:
>
> Forgive me for asking - the answer seems obvious but …
>
> Customer A moves his business from B to C. B properly retains some information as a record of business after the transfer. The nature of the information is confidential. D is employed by B but sometimes does work for C on secondment and is exposed to A's files at both B and C.
>
> Some time after transfer A tells C that he does want D to look at his files ever again - there was a personal falling out. C does not pass this on to B or D.
>
> Subsequently B, through D, views the information B holds. The reason was proper and justifiable. A becomes aware of this and sues B and D under HRA and DPA 1998 and for breach of confidentiality.
>
> Counsel is now advising we settle (£2-4k) as there is a likely finding of breach of confidentiality, and consequently of Principle 1 - although we may possibly have a claim back against C for not telling us.
>
> I simply cannot see it. If the objection was never communicated I cannot see how B and D are in breach of anything. I am quite satisfied that the activity itself was fair and justifiable.
>
> Besides which B and D had already seen the info many times before so it would be a pretty inconsequential breach even if I am wrong.
>
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