Case study 18: Unlawful disclosure of previous army career information [2010] IEDPC 18 (2010)

Case study 18: Unlawful disclosure of previous army career information [2010] IEDPC 18 (2010)

Both the disclosure by the former employer and the obtaining and processing by the Local Authority officer of the complainant's personal data were breaches of Section 2 of the Data Protection Acts, as they occurred without the complainant's knowledge or consent or other legal basis.

Source-derived case information.

Citation
[2010] IEDPC 18
Parties
Complainant: Complainant (State Employee); Respondent: Former Employer (State Agency); Respondent: Local Authority
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Amicable Resolution
Outcome
Amicable resolution with findings of breach against both respondents.
Legal Topics
Unlawful Disclosure of Personal Data, Processing of Personal Data Without Consent
Data Protection Privacy Law Unlawful Disclosure of Personal Data Processing of Personal Data Without Consent

Source-derived case record

Summary, issues, holding and outcome

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Parties

Complainant (State Employee)

Complainant

Former Employer (State Agency)

Respondent

Local Authority

Respondent

Procedural Posture

Data Protection Complaint / Investigation and Amicable Resolution

Legal Issues

  1. 1 Whether the disclosure of the complainant's previous career information by the former employer to the Local Authority officer was unlawful under the Data Protection Acts
  2. 2 Whether the obtaining and processing of the complainant's personal data by the Local Authority officer was unlawful under the Data Protection Acts

Ratio Decidendi

Both the disclosure by the former employer and the obtaining and processing by the Local Authority officer of the complainant's personal data were breaches of Section 2 of the Data Protection Acts, as they occurred without the complainant's knowledge or consent or other legal basis.

Court Disposition

Amicable resolution with findings of breach against both respondents.

Orders

  • Former employer issued a letter of apology to the complainant for the unauthorised release of personal data.
  • Local Authority issued a letter of apology, acknowledged the breach, and confirmed destruction of the handwritten memo and copies.