Having had to look through a similar issue a few years ago, I would still expect it to hold true now.
The concerns were threefold on discussion with ICO following a complaint.
1 - the data subject was aware that the personal data would subsequently be shared.
2 - there was a process in place so any issues could be recorded, reviewed, decided upon and actions taken where needed, and that the data subject would be able to track this / be kept informed.
3 - there was a complaints process in place so that should 1 and 2 need to be challenged they could be.
In that particular case, all 3 were in place and so the organisation was fine.
Tony Sheppard
—
Head of Services
GDPR in Schools
Sent from my iPhone
> On 29 Nov 2019, at 18:40, Lawrence Serewicz <[log in to unmask]> wrote:
>
> Phil,
> I think B is your option as others have mentioned. I recall, but I cannot find the reference, that there is a presumption of public employees acting in good faith until shown otherwise.
>
> I believe this was a in a court case, but I cannot find the reference. Perhaps others might be aware of it.
>
> This is not to say that employees never lie or are never corrupt only that an organisation, that the employee, if acting in their official capacity, is presumed to be acting in good faith.
>
> Thus, the burden of proof is on the claimant. Please note that this is not related to the sometimes-invoked claim "if it is not written down, it did not happen". Instead, it is about the intent of public sector employees acting in their official capacity.
>
> Best,
>
> Lawrence
>
>
>
> Lawrence Serewicz
> Information and Records Manager
> Durham County Council
> Room 143/148 Floor 4
> County Hall
> Durham
> County Durham
> DH1 5UF
>
> 03000 268 038
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
> Sent: 29 November 2019 09:55
> To: [log in to unmask]
> Subject: Data Breach - Burden of Proof
>
> Scenario: Whether there has been a breach depends solely on whether subject asked us not to share data. The breach if it happened meets the criteria for an ICO report.
>
> Subject statement is that he clearly made wishes known to staff A. Staff A is equally adamant this simply never happened - positive recollection not simply a politician's "I do not recall".
>
> Objectively I have no way to determine who is correct. Do I:
>
> A. Accept there is a breach and report to ICO
>
> B. Advise subject we do not accept there is a breach but that he may complain to ICO.
>
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All archives of messages are stored permanently and are
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If you wish to leave this list please send the command
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[log in to unmask]
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