Anonymised respondent (Ministry HR)
No offence found (administration-of-justice exemption). DPO, 29 October 2015.
The facts
A senior human resources executive at a public hospital complained that a ministry HR officer requested his sensitive personal data, medical information supporting his registration as a person with a disability, without consent, in connection with a dispute over an additional day of casual leave recommended for officers with disabilities. The dispute went to the Tribunal, which on 29 October 2015 set aside his claim, finding he had not proved on a balance of probabilities that he was an employee with a disability.
Orders and outcome
With the complainant no longer cooperating and the investigation revealing that the processing fell within the exemptions for the administration of justice and for employment purposes, the Commissioner concluded no offence was proven under the Data Protection Act.
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