CASE STUDIES 2013 - Data Protection Commissioner - Ireland [2013] IEDPC 17 (2013)

CASE STUDIES 2013 - Data Protection Commissioner - Ireland [2013] IEDPC 17 (2013)

As the patient file could not be accessed by the unintended recipient due to software restrictions, the incident was recorded as a non-breach.

Citation
[2013] IEDPC 17
Parties
Data Controller: G.P. (General Practitioner); Regulator: Irish Data Protection Commission; Third Party: Software Supplier
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation
Outcome
non-breach recorded
Legal Topics
Data Breach, Email Misdirection, Data Security, Patient Confidentiality
Data Protection Medical Law Data Breach Email Misdirection Data Security Patient Confidentiality

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Parties

G.P. (General Practitioner)

Data Controller

Irish Data Protection Commission

Regulator

Software Supplier

Third Party

Procedural Posture

Data Protection Complaint / Investigation

Legal Issues

  1. 1 Whether the sending of a patient file to an incorrect email address constituted a data breach under Irish data protection law.

Ratio Decidendi

As the patient file could not be accessed by the unintended recipient due to software restrictions, the incident was recorded as a non-breach.

Court Disposition

non-breach recorded

Orders

  • No further action required.
  • Data controller advised to implement measures to prevent recurrence.