Guernsey’s P&R Committee receives reprimand from Data Protection Office

Guernsey’s Data Protection Office has issued a statement relating to its first ever serious breach.

The Office of Data Protection has taken action against one of the States of Guernsey’s key departments.

The statement reads:

1. The Data Protection Authority for the Bailiwick of Guernsey (the Authority) has determined that the Policy and Resources Committee (the controller) has breached section 6(2)(a) of the Law.
2. The Authority finds that an employee of the Policy and Resources Committee, in the position of manager, made reference to the health status of a managed member of staff in an email sent to several recipients.
3. The disclosure of the complainant’s personal data in this context caused them considerable distress and they have ongoing concerns about the possibility of the disclosure negatively impacting future employment.
4. This led to the complainant lodging a formal complaint about the Policy and Resources Committee to the Authority under section 67 of the Law.
5. The Authority finds that the Policy and Resources Committee had no legal basis for disclosing this information.
6. The Authority is therefore satisfied that the Policy and Resources Committee failed to comply with the lawfulness, fairness and transparency principle [s.6(2)(a)].
7. Special category data (including health data) are afforded higher levels of protection in the Law, reflecting the harm and distress that can result from a breach. The Authority is clear that where organisations do not take their legal responsibilities to protect such data seriously, consideration will be given to the appropriate sanction including the issuing of a fine.

8. In this case, the Authority has identified the following mitigating factors –
   • –  Early engagement and cooperation by the Policy and Resources Committee data protection officer
   • –  Early admission of the breach by the Policy and Resources Committee
   • –  Updated advice and support provided by the Policy and Resources Committee for employees

     handling personal data

9. Considering the above factors, the Authority has, by written notice to the Policy and Resources Committee, imposed a reprimand.