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Data Protection Commission


Employee data - appropriate security measures - disclosure

A large organisation, whose staff are employed at several locations throughout the country, used a central database to record information relating to its employees and their work. The complainant questioned the security arrangements in respect of his personal data, and the extent of access to such data throughout the organisation.

The organisation's computer system comprised about a hundred personal computers nationwide connected to a central computer in the Dublin head office. Some sixty laptop computers were also provided for use by employees when away from their offices. These laptops contained a version of the organisation's main database which was downloaded from the main computer and updated periodically. Accordingly, data kept by the organisation on its main database was available to staff in the head office, in the local offices, and at off-site locations.

The complainant, an employee, made his complaint while the computer system was still being developed and implemented by the organisation. He made the following points. First, he alleged there had been a breach of security because the laptops were without any password protection for a period during the development of the system. Second, the complainant objected to certain of his personnel data and details of his work activity being generally available to staff, and argued that such data should only be available to those who needed them to perform their managerial functions.

Section 2(1)(d) of the Data Protection Act provides that "appropriate security measures shall be taken against unauthorised access to, or alteration, disclosure or destruction of, the data and against their accidental loss or destruction." The question of the security of access to the laptop computers was considered in the light of this provision.

My investigation established that each laptop required use of a password for access to the local version of the database. Where a laptop was establishing a connection to the main computer, another password was needed, and access to the main database itself required the use of a third password. In principle this approach appeared to conform well with the requirements of section 2(1)(d) above. However, the apparent effectiveness of this approach had been compromised. In the interests of simplicity of operation the organisation issued a unique centrally-generated password to each member of staff (so that each staff member would only need to remember one password) thus reducing the effectiveness of the password system as a whole. Furthermore, in the course of training staff on an upgraded version of the software, the password security system was modified to allow trainees ease of access to the system. This modification gave open access to the main database from a number of laptops.

As soon as this fact was discovered, the data controller took steps to rectify the matter. It is not appropriate for a data controller to allow his standards of security to slip, so that personal data becomes more widely accessible than is necessary. However, I noted the prompt action taken by the data controller to put matters right, and - given that my investigation did not discover any evidence of unauthorised access or use of the data during the period when the passwords were not in operation - I did not uphold this part of the complaint.

The second ground for complaint put forward was the alleged wide availability throughout the organisation of details relating to the complainant's work activities including particulars of annual and sick leave. This raised two separate but related issues: first, whether this wide availability constituted "disclosure" for the purposes of the Data Protection Act; and second, whether the wide availability of data was consistent with the organisation's duty to take "appropriate security measures ... against unauthorised access to, or alteration, disclosure or destruction of, the data and against their accidental loss or destruction."

On the first question, I noted that the only people with access to the main database were the staff of the data controller. The definition of "disclosure" given in section 1(1) of the Act, specifically states that disclosure "does not include a disclosure made ... to an employee ... for the purpose of enabling the employee ... to carry out his duties". In my opinion, these words require a data controller to make an assessment, in respect of particular employees, as to whether such employees need to have access to particular holdings of personal data, and to provide accordingly. Thus, one would expect a Human Resources Manager to have access to personal data not necessarily available to the manager of a client database, and vice versa. Data controllers should, in my view, take reasonable steps to prevent personal data from being made available to employees who may have no work-related interest in the data.

On the second question, I consider that sensible restriction of the availability of personal data is one of the "appropriate security measures" that data controllers must consider. The more people who have access to personal data, the greater is the risk of unauthorised access or disclosure. These issues were discussed with the data controller in detail. The organisation explained that the wide availability of personnel information and staff operational details was due in part to business requirements, and in part to the culture and tradition of the organisation. Following discussions, the data controller made a number of significant changes to the computer system, at some expense, in order to restrict access to the personal data of employees. It is my view that, in a case such as this, an appropriate balance must be struck between the concerns of the employee as data subject, the real operational requirements of the organisation and the costs to the organisation. I took the view that, following the changes referred to above, the data controller was compliant with the Act.