Inquiry into Tusla Child and Family Agency - May 2020

(IN-19-12-8)

Date of Decision: 21 May 2020

This inquiry was commenced in respect of one personal data breach notified by Tusla to the DPC. The personal data breach occurred when a social worker for Tusla wrote a safeguarding letter to the ex-partner of an individual against whom abuse allegations had been made. The purpose of this letter was to inform the ex-partner about the alleged abuse and to advise her of safeguarding procedures to ensure ongoing safety. However, the letter contained the names of three individuals who made the allegations and details of the allegations made. The ex-partner subsequently shared a photograph of the safeguarding letter on social media.

• The decision found that Tusla infringed Article 32(1) of the GDPR by failing to implement appropriate organisational measures to ensure a level of security appropriate to the risk presented by its safeguarding letters processing operation.

• The decision also found that Tusla infringed Article 33(1) of the GDPR by failing to notify the DPC of the third breach without undue delay.

The corrective powers exercised

• The decision imposed an administrative fine of €40,000 on Tusla for its infringements of Article 32(1) and Article 33(1).

• The decision ordered Tusla to bring its processing operations into compliance with Article 32(1) of the GDPR by implementing appropriate organisational measures to ensure a level of security appropriate to the risk.

• The decision issued Tusla with reprimands in respect of the infringements of Articles 32(1) and 33(1) of the GDPR.

For more information, you can download the full decision at this link: Inquiry into Tusla Child and Family Agency - May 2020 (PDF, 1.90mb).