The issue in both cases is who you discuss it with and where. Obviously
discussing a work-related issue with a relevant colleague in the privacy
of your office is neither a breach of confidentiality nor of data
protection. Discussing it outside those parameters - either with an
unauthorised person or in an insecure location (or for that matter on
social media) - could well be a breach of confidentiality and it could
also be a breach of DPA Principle 7 if the employer had failed to tell
told you not to do it (i.e. had not taken appropriate technical and
organisational measures). If you had been properly told not to do it
you might personally be committing a s.55 breach.
Best wishes,
Paul
Paul Ticher
22 Stoughton Drive North, Leicester LE5 5UB
0116 273 8191
On 12/03/2018 14:48, Kate Glanville wrote:
> Hi all
>
> A legal colleague and myself have been having a discussion with a senior manager about verbally discussing personal data. The manager says that the DPA (or the GDPR for that matter) doesn't cover verbally discussed personal data and that that would only be a confidentiality issue. We both feel that it does; e.g. you wouldn't go out to a pub and start talking about all the people you have dealt with that day, mentioning names and health problems for example. If you did this would be a breach of principle 7.
>
> Would anyone know if it specifically states anywhere in the DPA/GDPR that inappropriately discussing personal data would also be a breach of the Act or that the Act also covers verbal personal data please?
>
> Any help would be gratefully received!
>
> with kind regards
>
> Kate
>
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