Essex Police Disclose Medical Information of Employee Without Consent

Background

Mr Matthew McConville, the Head of our specialised Actions Against the Police and Data Breach Department at Irvings Law has successfully represented Mrs M (whom wishes to remain anonymous for the purposes of this blog) in her data breach compensation claim against Essex Police after there was internal disclosures of medical information pertaining to Mrs M.

Mrs M is employed by and works for Essex Police as a Crime Bureau Investigator. Mrs M was been signed off as sick from work due to work-induced stress and was invited to discuss changes to her occupational workplace in a meeting scheduled for  October 2019. At or around the same time there was a change in management at the workplace and prior to the meeting, Mrs M’s former line manager notified Mrs M’s incoming line manager of Mrs M’s medical history which included being off work with stress, diabetes, dyslexia and back difficulties.

Mrs M’s consent was not obtained to disclose this information before, during or after the September meeting at all and as such, she raised her concerns that her confidential medical information had been shared without her consent where it was later acknowledged that this should not have happened.

Representation

Once informed of this, Mrs M approached specialist Actions Against the Police / Data Protection Solicitor, Mr McConville and without hesitation no win, no fee terms were offered. Once instructed, Mr McConville lodged a formal Letter of Claim to Essex Police and alleged that they had breached / invaded Mrs M’s privacy under the Human Rights Act, had breached the Data Protection Act 2018 / the General Data Protection Regulation (GDPR) as well as confidence following their misuse of private information pertaining to Mrs M.

Resolution

Upon receipt of this, Essex Police decided to robustly deny liability on the basis that the disclosure was necessary. Mr McConville challenged the same by stating that consent should have been obtained prior to disclosure of the same. As Essex Police failed to change their position nor offer anything to Mrs M in terms of settlement of her claim, Mr McConville advised her to issue and serve Court proceedings whereupon Mrs M’s claim was then resolved in excess of £12,500.00 in total.