Cheshire East es­capes ac­tion af­ter data pro­tec­tion breach

Wilmslow Express - - NEWS -

CHESHIRE East Coun­cil has come un­der fire af­ter it was re­vealed it will not be rep­ri­manded for breach- THE wife of the hero brother who died sav­ing his sib­ling from a Tube train has paid trib­ute to her ‘per­fect’ hus­band.

Jen­nifer Ka­vanagh, who met her hus­band Nick Mann in Manch­ester, said she was ‘be­yond heart­bro­ken’ af­ter the Lon­don Un­der­ground ing the Data Pro­tec­tion Act.

In Jan­uary, coun­cil staff sent an email to 300 peo­ple who reg­is­tered an in­ter­est in its Fair­erPower en­ergy ini­tia­tive through tragedy on Sun­day morn­ing.

Jour­nal­ist Nick, 35, was fa­tally in­jured af­ter go­ing onto the rails to res­cue brother Robert, 32, who is be­lieved to have been try­ing to re­trieve a lost item. Robert, who lives in Manch­ester, suf­fered se­ri­ous in­juries and re­mains in a crit­i­cal but the coun­cil’s web­site. How­ever, due to ‘hu­man er­ror’ the e-mail ad­dresses of each re­cip­i­ent was shared with the oth­ers, breaching the Data Pro­tec­tion Act. sta­ble con­di­tion. Pay­ing trib­ute to her hero hus­band, Ms Ka­vanagh said: “Nick was the per­fect hus­band. I am be­yond heart­bro­ken.

“We met in Manch­ester, where he went to uni­ver­sity, and has many friends there too.

“He was kind, gen­tle, funny and so con­sid­er­ate.

And now the In­for­ma­tion Com­mis­sioner’s Of­fice (ICO) – which is based on Wa­ter Lane, Wilm­slow and deals with data pro­tec­tion and Free­dom of In­for­ma­tion com­plaints – has said it will not take ac­tion.

In its re­port into a com­plaint on the mat­ter from Ukip Coun Brian Sil­vester, the ICO says: “It does ap­pear likely that the coun­cil breached the DPA... this is be­cause all re­cip­i­ents’ email ad­dresses were vis­i­ble, there­fore dis­clos­ing each in­di­vid­ual’s per­sonal data to a num­ber of unau­tho­rised third par­ties.

In re­sponse to this mat­ter the coun­cil has ex­plained it is cur­rently tak­ing steps to strengthen its Data Pro­tec­tion pol­icy and In­tranet guid­ance specif­i­cally in re­la­tion to the use of dis­tri­bu­tion lists.

“It has also ad­vised that the team re­spon­si­ble for the breach has been given a re­fresher data pro­tec­tion He had hun­dreds of friends in Lon­don, which we’ve called home since 2007. We have been on lots of ad­ven­tures and had many more planned.”

The broth­ers, who were raised in Shrews­bury, stud­ied in Manch­ester, with Robert stay­ing on af­ter his his­tory course at MMU. brief­ing re­lat­ing to this in­ci­dent.

“We are pleased the coun­cil has taken this ac­tion as we feel that it will mit­i­gate the risk of a sim­i­lar in­ci­dent oc­cur­ring again in the fu­ture and will help to im­prove its in­for­ma­tion rights prac­tices.”

The re­port goes on to say that no fur­ther ac­tion will be taken. The author­ity was fined £80,000 in 2012 af­ter an email was sent to 180 un­in­tended re­cip­i­ents. And Ukip Coun Brian Sil­vester has crit­i­cised Cheshire East Coun­cil for breaching the Data Pro­tec­tion Act.

He said: “I think that the In­for­ma­tion Com­mis­sioner should have taken ac­tion against CEC. More than 300 ad­dresses [were] in­volved. This is also not the first time that CEC has been found guilty of a breach.

“I have asked the ICO to re­con­sider their de­ci­sion not to take any fur­ther ac­tion.”

Af­ter the ICO’s find­ings were pub­lished a Cheshire East Coun­cil spokesman said: “Only one per­son com­plained.

“This was a mi­nor breach and there was no need for for­mal no­ti­fi­ca­tion to the In­for­ma­tion Com­mis­sioner’s Of­fice.”

Shop­pers do­nated £1,069 in aid of the NSPCC on its an­nual Flag Day.

The com­mit­tee for the Wilm­slow branch ran street col­lec­tions in and around the town.

Lesley Hen­stock, or­gan­iser, said: “The weather was very cold but the shop­pers of Wilm­slow, Hand­forth and Alder­ley Edge gave gen­er­ously. We would like to thank all those who gave their time to col­lect, gave so gen­er­ously and the Royal Bri­tish Le­gion Club for use of their premises.”

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