Skip to content

Case Notes

Case Notes

This case related to DPP4 - Security of personal data

Case No.:2002C07

Service of trial bundle by a solicitor's firm

A law firm had to serve a trial bundle on a litigant to a matrimonial case. The bundle comprised documents that contained sensitive data about the litigant. When delivering the documents the staff of the firm left the bundle in a gap between the front door and metal gate of the litigant’s residence. The bundle was not sealed in an envelope and was easily accessible to passers-by or unrelated parties. The bundle was later picked up by a security guard on patrol. The law firm, being the employer of the staff concerned, was found liable for the act done by its staff pursuant to section 65(1) of the PD(P)O. The firm had no written guidelines advising its staff about compliance with the requirements of DPP4 on the manner of service of documents. An appropriate procedure would have been to put the documents to be served inside a sealed opaque envelope or to make arrangement with the litigant to collect the documents.

Category : Provisions/DPPs/COPs/Guidelines : Topic/Subject Matter :