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Is this a breach of data protection

  • 02-11-2013 5:11pm
    #1
    billyhead
    Registered Users, Registered Users 2 Posts: 10,176 ✭✭✭✭


    If in the course of your work it comes to your attention that someone who is deliberalely witholding information to you is working without a legal work permit and you get in contact with their employer to clarify if this person is working with them which is neccessary as part of your duties to prevent fraud from continuing. You then disclose to the employer that you have been informed that he was working illegally and their could be repercussions by the authorities for employing him on this basis. Would this be a breach of data protection if the person in question lost his job as a result?


Comments

  • #2
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    Two questions arise.

    1. Is this person truly a data controller? Being aware that my mate's flatmate is working illegally does not make me a data controller, for example. A data controller is strictly defined.

    2. If the answer to (1) is 'Yes', then is disclosure necessary, pursuant to the legitimate interests of the data controller or the third party? A legitimate interest would include avoiding illegal activities. If the answer is yes, then there is no offence, per S.2A sub-s (d) of the Data Protection Act 1988 as amended.

    This is general guidance that would apply to anybody, obviously it is impossible to give you an exact answer pertinent to your own unique circumstances.


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