When Royal Cornwall Hospital responded to a routine Freedom of Information request in 2023, they had no idea they were about to expose sensitive staff data to the public. The hospital recently apologized after discovering that a spreadsheet published on their website contained hidden sickness absence data for 8,100 current and former employees spanning three years. The breach wasn’t discovered until someone accessing the file brought it to the hospital’s attention, meaning the confidential information sat publicly available for an extended period.

This incident serves as a stark reminder that even well-intentioned compliance with information requests can go disastrously wrong when proper safeguards aren’t in place.

The Metadata Problem: What You Don’t See Can Hurt You

The Royal Cornwall case exemplifies a critical vulnerability that many organizations overlook: hidden data in electronic documents. Spreadsheets, Word documents, and PDFs routinely contain metadata, hidden columns, tracked changes, embedded comments, and deleted content that remains recoverable. In Cornwall’s case, staff absence information was lurking in the spreadsheet despite not being visible in the normal view.

When employees aren’t specifically trained to identify and scrub these hidden fields before responding to information requests, they may unwittingly disclose trade secrets, personnel matters, or protected personal information. A document that appears appropriate to share on the surface might contain embedded discussions of confidential business strategy, salary negotiations, or sensitive health information that could harm the organization or violate privacy rights.

The same risks exist with email correspondence. An employee responding to a document request might forward an email thread without carefully reviewing the entire string. What appears appropriate at the top might be fine, but buried further down could be discussions of unrelated confidential matters or protected information. Once disclosed, that information cannot be retrieved.

Not All Requests Deserve Blanket Compliance

Even when faced with what appears to be a legally mandated request, organizations have both the right and the responsibility to evaluate whether the scope is appropriate.

Consider the attorney representing a former employee in a car accident case who demands “the entire personnel file and all medical records.” Does that lawyer truly need every performance review, every disciplinary action, and every medical claim the employee ever submitted? Probably not.

While federal and state laws may authorize, permit, or even require certain disclosures in specific circumstances, these laws typically don’t mandate blanket disclosure of everything requested. Organizations can and should push back when requests seem overbroad or when the stated purpose doesn’t align with the scope of information demanded. Understanding the basis and genuine need behind each request isn’t obstructionist—it’s prudent stewardship of sensitive information.

Building a Defensible Position Through Policy and Training

Royal Cornwall Hospital’s response to their breach demonstrates both the immediate damage control required and the long-term changes necessary. They reported the incident to the Information Commissioner’s Office, removed the spreadsheet, suspended their disclosure log for review, and implemented new processes to ensure spreadsheet files are “fully disabled” before any FOI disclosure. They also introduced additional data handling checks.

But these measures came after affecting thousands of people. The key to protecting your organization lies in being deliberate and systematic before a breach occurs. This starts with developing written policies and protocols that clearly outline how information requests should be handled, who has authority to respond, and what review processes must occur before disclosure.

Regular training is equally essential. Employees need to understand not just the technical aspects of scrubbing metadata and reviewing documents, but also the legal and ethical dimensions of information disclosure. They should know when to escalate requests to legal counsel or management, and they should feel empowered to question whether a request is reasonable. Data minimization principles and practices (including under the CCPA) apply not only to data collection and retention, but also disclosure.

When an inadvertent disclosure does occur, having documented policies and evidence of regular training significantly strengthens an organization’s defensible position. It demonstrates the presence of reasonable precautions, which can be crucial in limiting liability and maintaining trust.

Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP)…

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Privacy and cybersecurity experience – Joe counsels multinational, national and regional companies in all industries on the broad array of laws, regulations, best practices, and preventive safeguards. The following are examples of areas of focus in his practice:

  • Advising health care providers, business associates, and group health plan sponsors concerning HIPAA/HITECH compliance, including risk assessments, policies and procedures, incident response plan development, vendor assessment and management programs, and training.
  • Coached hundreds of companies through the investigation, remediation, notification, and overall response to data breaches of all kinds – PHI, PII, payment card, etc.
  • Helping organizations address questions about the application, implementation, and overall compliance with European Union’s General Data Protection Regulation (GDPR) and, in particular, its implications in the U.S., together with preparing for the California Consumer Privacy Act.
  • Working with organizations to develop and implement video, audio, and data-driven monitoring and surveillance programs. For instance, in the transportation and related industries, Joe has worked with numerous clients on fleet management programs involving the use of telematics, dash-cams, event data recorders (EDR), and related technologies. He also has advised many clients in the use of biometrics including with regard to consent, data security, and retention issues under BIPA and other laws.
  • Assisting clients with growing state data security mandates to safeguard personal information, including steering clients through detailed risk assessments and converting those assessments into practical “best practice” risk management solutions, including written information security programs (WISPs). Related work includes compliance advice concerning FTC Act, Regulation S-P, GLBA, and New York Reg. 500.
  • Advising clients about best practices for electronic communications, including in social media, as well as when communicating under a “bring your own device” (BYOD) or “company owned personally enabled device” (COPE) environment.
  • Conducting various levels of privacy and data security training for executives and employees
  • Supports organizations through mergers, acquisitions, and reorganizations with regard to the handling of employee and customer data, and the safeguarding of that data during the transaction.
  • Representing organizations in matters involving inquiries into privacy and data security compliance before federal and state agencies including the HHS Office of Civil Rights, Federal Trade Commission, and various state Attorneys General.

Benefits counseling experience – Joe’s work in the benefits counseling area covers many areas of employee benefits law. Below are some examples of that work:

  • As part of the Firm’s Health Care Reform Team, he advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans to comply with ERISA, IRC, ACA/PPACA, HIPAA, COBRA, ADA, GINA, and other related laws.
  • Guiding clients through the selection of plan service providers, along with negotiating service agreements with vendors to address plan compliance and operations, while leveraging data security experience to ensure plan data is safeguarded.
  • Counsels plan sponsors on day-to-day compliance and administrative issues affecting plans.
  • Assists in the design and drafting of benefit plan documents, including severance and fringe benefit plans.
  • Advises plan sponsors concerning employee benefit plan operation, administration and correcting errors in operation.

Joe speaks and writes regularly on current employee benefits and data privacy and cybersecurity topics and his work has been published in leading business and legal journals and media outlets, such as The Washington Post, Inside Counsel, Bloomberg, The National Law Journal, Financial Times, Business Insurance, HR Magazine and NPR, as well as the ABA Journal, The American Lawyer, Law360, Bender’s Labor and Employment Bulletin, the Australian Privacy Law Bulletin and the Privacy, and Data Security Law Journal.

Joe served as a judicial law clerk for the Honorable Laura Denvir Stith on the Missouri Court of Appeals.