Dear All,

I was wondering if there could be a duty of confidence to a 3rd party even though they are anonymous.  We received a complaint letter that mentioned someone indirectly.  They referred to party A as doing something that contravened the council’s regulation and indicated who this person was by mentioning their relative.  The relative was named but not the subject of the complaint. 

 

We investigated and resolved the case.  During the investigation, the person subject of the complaint was informed of its content and its source i.e. an anonymous letter alleging the impropriety.

 

I think we have to disclose the anonymous letter. It id the personal information of the subject of the complaint. (how else could we have had an investigation without it being their personal information). I am only hesitating because of the expectation of confidentiality relating to complaints. 

 

We cannot identify the source of the complaint, however, we cannot be certain the subject of the complaint cannot identify the person who made the complaint.  Therefore, under 7(4) would it be reasonable to disclose in this case? We cannot obtain consent and I am certain consent would not be provided. As consent would unlikely be provided would it be reasonable to disclose?

 

As this is anonymous, is this even necessary? We cannot say this is disclosing personal information except that of the subject of the complaint rather than the person who alleged the complaint. Therefore it is not personal information of the anonymous person.

 

What makes this curious is that the subject of the complaint has been given the information held within the letter, i.e. a description of what they are alleged to have done.

 

My view, in the end, is to disclose.  However, I would be interested in your views.

 

Thanks


Lawrence

 

 

 




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