Yes, my initial response was the controller in common isn't a GDPR concept (though I might have missed its reintroduction through DPA2018).

If they are joint controllers then surely the defect here is in the arrangement between A and B.

GDPR says in Article 26, as we know: "They shall in a transparent manner determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the exercising of the rights of the data subject and their respective duties to provide the information referred to in Articles 13 and 14, by means of an arrangement between them ... . The arrangement may designate a contact point for data subjects.

And if they are joint controllers they would be jointly liable for the breach, and the compensation from B should have been on behalf of both A and B.

Doesn't answer the question, though, of what happens now in this instance, or of whether the attempt by S to exercise their right to restrict processing was valid in the first place.

Best wishes,

Paul

Paul Ticher
22 Stoughton Drive North, Leicester LE5 5UB
0116 273 8191

On 06/03/2019 08:59, Palmer-Dunk, Dan wrote:
[log in to unmask]"> 
Did the processing occur under the 98 act or GDPR, or does the claim detail which legislation it is made under?

Dan

-----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 March 2019 16:34
To: [log in to unmask]
Subject: [data-protection] Reality check - confidentiality breach?

Employee of A is entitled and has a lawful basis to access confidential data of a subject - no breach of confidentiality would arise.

Subject S has told B (after an incident) that under no circumstances should any employee of A access the data ever again.

B has not told A, and has not blocked A's access so A's employee, being unaware of any withdrawal of consent, accesses data in the normal course of events for A's legitimate purposes. A and B controllers in common. Assume A at some stage gave proper PN to S. 

Subject receives compensation from B. Subject now sues A for breach of confidentiality / unlawful processing. Surely no case to answer? 

Would it matter if the PN was missing / defective e.g. S can argue that if A had given the right PN he would have known to tell A direct?

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