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Confidentiality Breach

Question

1. How many times during 2014 and 2015 has money been paid to individuals due to information from their records/files being sent to another individual? In particular I am referring to Occupational Health and/or HR records/files. 

2. Furthermore, how much money has been paid out to these individuals due to breach of confidentiality in respect of HR and/or Occupational Health records.

 

Answer

There has been 1 minor breach made during that period and the Constabulary made an ex-gratia payment to an individual. The exact payment made to the individual is exempt as it constitutes personal information. The exemption applicable to this is Section 40(2), third party personal information. This is an Absolute exemption so therefore there is no requirement to conduct a harm or public interest test. Any information is exempt from disclosure under the Freedom of Information Act if it relates to or is supplied by another individual and disclosure of that information would contravene any of the principles of the 1998 Data Protection Act, in this particular case, disclosure of this information would contravene Principles 1 and 2 of the Act, whereby personal data shall be processed fairly and lawfully and only obtained for one or more specified purpose or purposes.

 

FOI Reference: 620/16