Department of Health inspected by data watchdog as part of ‘autism dossiers’ probe

The Data Protection Commissioner (DPC) has carried out an inspection at the Department of Health as part of its “autism dossiers” probe.

In a significant ramping up of its investigation, authorised officers visited the department this morning.

The move came a week after a whistleblower claimed the department covertly gathered sensitive information about children with special needs and their families as part of a strategy to defend legal cases.

The cases involved children who sued to gain access to educational supports.

An RTÉ Prime Time Investigates programme reported the educational and medical information was gathered in four dozen dormant cases without the knowledge or consent of the children or their families.

“I can confirm that authorised officers of the DPC, led by deputy commissioner Tony Delaney, conducted an inspection at the Department of Health this morning,” deputy data commissioner Graham Doyle told Independent.ie.

The DPC would not be drawn on what had taken place during the inspection.

It has powers to inspect and seize documents and to examine back-end computer systems.

A key issue raised by the whistleblower, civil servant Shane Corr, was that dossiers containing sensitive information on the children and their families was easily accessible and searchable by anyone working in the department’s division dealing with older people, social care and disability policies.

It is likely this was one of the issues explored during the inspections.

The DPC inquiry is examining whether the department discharged its obligations in connection with the data processing concerned and whether any provisions of the Data Protection Acts or GDPR were contravened.

According to the department, an external review by a senior counsel found the practice to be entirely lawful, proper and appropriate. It said no breach of the Data Protection Acts was identified and the review did not recommend any change to the department’s approach.

The department also said it had never unlawfully held sensitive medical and educational information of children involved in dormant court cases and that it was “normal practice” for defendants to litigation to gather and maintain appropriate information in order to obtain legal advice or defend the proceedings.

However, the department has yet to publish the senior counsel’s report, despite being pressed to do so by the Irish Human Rights and Equality Commission.

Lawyers representing families potentially affected say the practice engaged in by the department has left it open to privacy lawsuits, while doctors could also be sued if it is determined they breached patient client confidentiality.

The Irish Independent revealed last week acting Department of Health secretary general Robert Watt personally contacted RTÉ’s director general Dee Forbes ahead of the broadcast of the whistleblower’s claims.

Mr Watt is understood to have voiced concerns that material relied upon for the report was supplied in breach of the Official Secrets Act. RTÉ went ahead with the broadcast.

The department has not responded to any queries from Independent.ie in relation to the controversy.

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