Dear All,
Interesting situation has arisen.
Organisation X redacts a document containing personal data of person A and sends it to person B as part of a business transaction (not because of FOI or EIR). The redactions prove insufficient. Person B can identify person A. Person B contacts person A. "Hey let's do business".
A data breach has occurred because the security measures were insufficient to keep person B from accessing person A's personal data.
Question, has person B breached the DPA by contacting person A? If they have received personal data from organisation X does person B become a data controller? Even though the information was not intended to be transferred to them, ie the personal data was supposed to be redacted, are they the data controller now for the personal data that they can now read? I think they are, but what are your views?
If they have a legitimate reason to contact the other person, would they have breached anyone's confidence? After all, the personal data was not provided in confidence or with the expectation of confidence. Is the redaction itself an indication of a duty of confidence? I have my doubts, but I would be interested to know what you think.
For starters how can a redaction be seen as creating a duty of confidence? All it means is that you are not to see it, it does not mean it was given to you in an expectation of confidence.
What are your thoughts? Is Person B breaching confidence or the DPA by contacting person A?
Your views?
Lawrence
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