HSC reprimanded for failing to comply with data laws

The Office of the Data Protection Authority yesterday issued a formal reprimand because the committee was late in supplying an individual with the information it held about them.

A request for the information was made on 30 June 2020 and by law, this obliged HSC to reveal the data within a month. Failing that, it could let the person know why it could not be supplied within that time, inform them of the complaints procedure and justify a two-month extension of the original deadline.

The ODPA found that the committee failed to meet the initial deadline, failed to tell the complainant why, did not inform them that they had a right to complain and failed to tell them that the extra two-month period had been invoked.

The authority did note that the information was supplied within the extra period and that HSC co-operated with the investigation of the complaint.

The ODPA had the power to impose a fine in this case but decided that ‘a formal reprimand would be an appropriate sanction’.

Data Protection Commissioner Emma Martins said the case highlighted the importance of dealing with data requests in a timely and proactive manner.

‘That is as much about respect and courtesy as it is legal duty,’ she said. ‘Administrative processes can be considered as burdensome but they are nearly always an extremely important element of ensuring broader compliance. We are grateful for the full co-operation of the Committee for Health and Social Care in this matter, recognising the additional pressures they were under at the time and welcome their commitments to improve.’

A HSC spokesman said the committee accepted the ODPA’s ruling.

‘It’s right under the law to issue a public statement on it,’ he said.

‘The content of the ODPA’s statement reflects the circumstances so we have no further comment.’