Data ruling upheld after papers left outside

An appeal against a ruling that a Guernsey law firm had breached data rules by leaving a ring binder of documents, including medical information, on the porch on a client's doorstep has been rejected by the Royal Courts.

The court's ruling said AFR Advocates had breached the law as the the bundle was not delivered in an envelope, or left in a "safe place" or out of sight of the road as the client was not at home at the time.

The ruling was handed down on 23 December and said leaving the 200-page bundle outside the house put the client's "private and sensitive personal data at risk".

AFR Advocates said it was to appeal against this latest decision.

AFR's initial appeal was heard between January and March 2025 and the company told the court it "took reasonable steps" as it put the papers into a lever-arch folder and hand-delivered it, and had also advised the client it would be delivering them "shortly".

In an email sent hours after the delivery in July 2022, the client told the St Peter Port-based law firm they found the bundle "face up with the contents clearly listed for all to see".

They wrote: "I am extremely upset and annoyed you have delivered these highly sensitive documents in this manner."

Data Protection Commissioner Brent Homan welcomed the ruling and the court awarding costs to the client, adding: "Our preferred approach continues to involve constructive engagement with organisations to help them get it right.'"

He added: "The law requires anyone working with people's data to take appropriate safeguard measures ensuring the security of personal data at all times.

"Special category data, such as health data, requires additional measures to ensure confidentiality."

As well appealing against this latest decision, AFR Advocates said it had also successfully challenged the DPA's request for the court to sit in private.

It said: "The DPA did not even obtain a copy of the documents upon which its decision was based until long after we challenged its decision in the Royal Court."

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