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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