Common sense would side with you but IANAL...
I'm not even sure C needs to have told B, as the way you've drafted your example it isn't clear whether C knows that D works for B and therefore may not have a responsibility to tell them. If I work for Tesco and Asda but in separate roles, Asda doesn't have to tell Tesco anything; they're separate entities (other supermarkets are available).
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: 05 September 2019 13:40
To: [log in to unmask]
Subject: [data-protection] Notice of withdrawal of consent
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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