Historical Institutional Abuse: Survivors seek damages over data breach

Some of the individuals involved had been part of the Historical Institutional Abuse (HIA) inquiry

The Executive Office has confirmed it is in negotiations with some victims of historical abuse for financial damages after their personal details were leaked in a data breach.

In May, it emerged a newsletter had been sent without details of 251 recipients being anonymised.

Following an investigation it was found to have been a "procedural error".

The Executive Office said it has now received letters seeking compensation in respect of the breach.  

It confirmed officials were "currently in negotiation with claimants".

"As these are matters which may in due course come before the courts, it would not be appropriate to comment further on the claims at this stage," a spokesperson added.

'Breach of confidence'

Some of the individuals whose details were published in the data breach had been part of the Historical Institutional Abuse (HIA) inquiry and had chosen to remain anonymous.

The newsletter, which was sent via email, was signed by a staff member but issued on behalf of Interim Victims' Advocate Brendan McAllister.

At the time it was described as a "massive breach of confidence" for victims and survivors, with some calling for Mr McAllister to resign.

He apologised but said he would remain in post until a full-time commissioner for HIA victims and survivors was appointed.

Brendan McAllister apologised for the data breach

Earlier this year, First Minister Arlene Foster said she hoped a commissioner would be in place by late August.

But the Executive Office told BBC News NI the final stage of the selection process was taking place this week, and it hoped to make an announcement shortly.

'Appalling situation'

Solicitor Claire McKeegan, who represents some of the survivors, said she had been instructed by more than 80 survivors to take the action requesting damages.

"The current offer being made by the Executive Office will not be recommended to our clients," she added.

"It is likely we will proceed to obtain expert medical evidence on behalf of our clients, in order to quantify the impact of this appalling situation."

Ms McKeegan said the data breach had identified people "who have suffered significant trauma that many have never talked about", and that standards had fallen well beyond those expected.

Another law firm, KRW Law, which represents three groups of abuse victims and survivors, confirmed it had also received offers of compensation for all 40 of its clients who had been affected by the breach.

It said it could not divulge any detail as it was subject to ongoing negotiations.

The Executive Office has said it was a "deeply regrettable incident" and it recognised the significant impact on victims and survivors.

When the data breach occurred it was also notified to the Information Commissioner's Office, which will conduct its own investigation separately but there is no timeframe for that.