Public Statement - Children's Services (2021-10-21)

Summary

This is a public statement issued by the Data Protection Authority (Jersey) under the Authority Law, announcing the outcome of an investigation into the Children's Services Department, Government of Jersey. The Authority found that a staff member unnecessarily disclosed a complainant's highly sensitive special category data within a Child and Family Assessment, which was then shared with a family member without the complainant's knowledge, in breach of the integrity and confidentiality principle under Article 8(1)(f) of the Data Protection (Jersey) Law 2018.

• Sanction imposed: A formal reprimand was issued to the Controller under Article 25(3) of the Authority Law.
• Orders made: The Authority ordered staff education/training measures to be completed within a stipulated timeframe, with updates to be provided to the Authority.
• No fine: The Authority stated it would likely have imposed a significant fine but was legally barred from doing so because the Controller is a public authority.
• Mitigating factors: Open cooperation with the investigation, early admissions, remedial steps (retrieving and reissuing the Assessment), and referral of the social worker to their UK regulatory body were noted; no aggravating factors were found.

The statement is informational as to the specific enforcement outcome but confirms ongoing orders requiring staff training and reporting to the Authority. Any affected party has a right of appeal to the Royal Court of Jersey within 28 days.

Key obligations

• The Children's Services Department must carry out the staff education/training ordered by the Authority within the stipulated timeframe
• The Children's Services Department must provide updates to the Authority on completion of the ordered training measures

Applies to

public authorities, government departments (data controllers)

Deadlines

• 28 days: Time limit for an affected party to appeal the Authority's decision to the Royal Court of Jersey under Article 32 of the Authority Law