Manchester Evening News

Ex-civil servant wins payout over email blunder

- Neal.keeling@men-news.co.uk @NealKeelin­gMEN

A FORMER civil servant has received a ‘substantia­l’ payout from the government department where he worked after sensitive medical informatio­n about him was revealed to a dozen colleagues in an email.

He was working at a DWP office in Stockport, when he told his manager he was receiving treatment for an infection, saying the drugs had ‘embarrassi­ng’ side effects.

Aftab Marchant, from Levenshulm­e, sought assurances from his manager that the informatio­n would be treated with the strictest confidence but days later the details were emailed to the people he worked with.

The 39-year-old’s solicitors say he suffered serious upset and distress after discoverin­g the ‘highly private’ informatio­n had been shared with colleagues – and still doesn’t know why this happened.

He went off work with depression and at one point felt like taking his own life after the data protection breach.

The manager who was responsibl­e for the blunder was given an informal warning.

Lawyers for the father-of-three issued High Court proceeding­s against the Department for Work and Pensions (DWP) and they have now agreed an out of court settlement.

Mr Marchant, who spoke to the M.E.N. to encourage others to fight back if they feel they have been unfairly treated at work, said: “I discovered the breach had happened when a colleague said to me ‘is your mood related to your illness.’

“I had suffered from 2012 with the infection and I was taking drugs which had serious side-effects to control it.

“I was waiting to see a specialist at the time. When I gave my manager the informatio­n I stressed that I did so on condition it was not disclosed to anyone. When I discovered the email had been sent out, I had a mental breakdown. I was off work for three months.

“I had depression and at one point thought of ending my life. I felt very paranoid about it. It was a bit like Coronation Street in the Stockport office and I felt that others as well as the 12 emailed were aware of my medical details.”

He added: “The breach and its impact were an absolute nightmare. I also felt excluded from the internal investigat­ion which took place in my absence after the event.”

Mr Marchant felt that he became the subject of gossip at work and lost confidence in his ability to perform his duties. The breach was in February 2016 and Mr Marchant returned to work in August 2106 but left the DWP in March last year.

He said: “It is so important to fight for your rights. I am now moving on with my life and work in logistics.”

Nick McAleenan, a partner and data privacy law specialist at JMW Solicitors in Manchester, who represente­d Mr Marchant, said: “This case concerned a serious breach of confidenti­ality and the misuse of private informatio­n that related not just to our client, but also to his family. It was a breach of both confidence and trust, and caused our client immense distress, upset and anxiety that affected not just his profession­al life, but his home life too.”

Mr McAleenan added: “After what has been an incredibly distressin­g time for our client, it is positive to see the DWP acknowledg­e that this was an absolutely unacceptab­le disclosure of private informatio­n, with a healthy sum of money paid to our client as a result. We hope that Mr Marchant will now be able to move forward and begin to put this episode behind him.”

A DWP spokesman said: “We do not comment on individual cases. We take the welfare of our staff and the security of all personal data extremely seriously.”

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Aftab Marchant

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