Borough Councillor’s actions breached Code of Conduct
A Borough Councillor is required to attend data protection and safeguarding training after being found in breach of the Borough Council’s Code of Conduct.
The council's Ethical Governance and Personnel Committee agreed that Councillor Chris Boothby had breached the code of conduct by "revealing information that was given to him in confidence or in circumstances which he believed or ought reasonably to have been aware was confidential in nature".
It follows two complaints that Cllr Boothby had shared confidential information about people who had approached him for assistance. The committee agreed Cllr Boothby had been acting in an official capacity as a Councillor at the time of the incidents.
During the hearing, Cllr Boothby denied sharing confidential information about someone who had come to him for assistance but accepted he had passed on an email from a resident, containing their contact details, to the person about whom they were complaining. Cllr Boothby had stated that he hoped it would lead to the individuals involved to resolve the matter between themselves.
It was noted that person to whom Cllr Boothby had forwarded the complainant’s email and personal data was a personal friend and the matter presented a conflict of interest and he should have asked his fellow ward councillor to take up the case.
The Committee unanimously agreed that Cllr Boothby’s actions had breached the code of conduct by revealing information that had been given to him in confidence and further agreed that he had brought the council into disrepute by doing so.
The complainant had also made a complaint to the Information Commissioner’s Office (ICO) citing a breach of data protection. The ICO confirmed that it was likely that Cllr Boothby had unfairly disclosed personal data and provided advice but did not take action against him. The ICO has indicated it will keep the case on record to build up a picture about the organisation’s compliance.
As well as the required training, Cllr Boothby has been asked to issue a written apology to both complainants, with a copy to be sent to the Monitoring Officer.
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