New Judgment on Data Disclosure

In the recent case of H & L v A and B City Council, the High Court considered whether or not it was lawful for a local authority to disclose information on a particular individual who had been convicted of an indecent assault on a child.  The disclosures were made to a number of bodies with which the individual had been dealing.  The court recognised that there was a strong need to protect the interests of children and held that not all of the disclosures made by the council were unlawful.  Indeed the lawful disclosures were reasonable and did not go beyond what was required for making measured communication.  The question here for FE and HE is whether or not they can lawfully share information about individuals where it is recognised that  they could pose a risk to children and or vulnerable adults. Failure to disclose could mean that institutions are in breach of their safeguarding duties whilst unmeasured disclosure could mean that the institution breaches an individual's right to privacy under Article 8 of the Human Rights Act 1998.  Each decision should be made on a case by case basis.  Full text of the judgment is available at: http://www.bailii.org/ew/cases/EWHC/Admin/2010/466.html

Posted on 19/03/2010