The Care Quality Commission (CQC) was forced to disclose names of senior officials alleged to have been involved in the cover-up of failures over deaths of babies at a Cumbria Hospital.
Initially the CQC refused to disclose the individuals' names citing its obligation under the Data Protection Act 1998 (DPA), namely not to disclose personal data. However, the Health Secretary, Jeremy Hunt and the Information Commissioner, Christopher Graham heavily criticised CQC for their decision not to disclose the names.
Information Commissioner Graham pointed out that the DPA cannot be used as an excuse when there is strong public interest in disclosure of the identity of public officials in a case such as this. He has previously criticised other organisations for attempting to use the DPA to avoid producing data when it is entirely permissible to do so.
It is important to note from this case that privacy considerations, especially for senior public officials, can and will be overridden where a strong public interest requires disclosure. Striking the correct balance between protection of employees' privacy and maintaining public trust by disclosing details in appropriate cases is essential. We have advised a number of public bodies, charities and others in difficult circumstances on this issue.
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