Good question.
There are legal powers of injunction available to the data controller. Arguably there is an obligation on a data controller to consider applying for such injunctive relief.
In the first CMP (Herts CC), which involved disclosure of information relating to an ongoing court case, it was reported that
"Due to the confidential and sensitive nature of the data the data controller also obtained a High Court injunction (still in force) prohibiting the member of the public from disclosing any information about the sexual abuse case so as not to prejudice the High Court hearing and ordering him to destroy the data"
I would not be surprised if the ICO starts to ask DCs if they considered injuncitve action to mitigate a breach, or prevent further disclosure.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Raymond Scott (ISD)
Sent: Thursday 06 September 2012 10:45
To: [log in to unmask]
Subject: [data-protection] Data breach and responsibilities of the recipient
Dear all
I've got a question, on which I'd like to seek advice from the list (not quite Friday afternoon...):
If there has been a release of personal data to someone who is not the intended recipient (effectively a data breach), and they have been asked to delete the material, but choose not (perhaps intending to do something with material), where does that leave the responsibilities of the recipient and the original data controller?
Raymond
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