In a message dated 08/11/2000 09:07:49 GMT Standard Time,
[log in to unmask] writes:
<< I'd be delighted to receive any feedback from the training sessions. While
I
(hope I) understand and (certainly support) the general aims of the Act, and
all the data protection principles, I operate in a risk management, rather
than a risk averse, culture.
I simply want to balance the legitimate needs of a business and its
customers. I hope that the Government's Deregulation Unit would be with me
on that point. >>
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Martin's point is a valid one - business operates in a different culture to
local government and as such they may be prepared to take risks where to do
so in a public sector environment would be folly.
This is primarily because of the choice given to the data subject. If we
don't like One2One we can go to Orange, Vodaphone, Cellnet, or whoever (yes,
I know choice becomes limited as they take over other companies but that
isn't the point) whereas there is only one supplier per area of housing
benefits, council tax benefits, etc and only one organisation with the legal
power to demand data for electoral registration and council tax purposes.
It is this power to demand and the monopoly supplier situation that places a
greater burden on public bodies to treat the data more carefully than
companies who cannot be held responsible to the electorate.
The worst that can happen to them is a measly fine, a bit of bad publicity
and droves of mobile telephone users deserting them for a more responsible
supplier.
If public bodies use private sector suppliers or service providers they
should make sure the contract is so tight that it spells in detail out how
the company should process the data, what it can be used for, what security
has to be in place and what the sanctions are for breach of the contract.
If the sanctions include immediate termination of the contract, companies
undertaking public functions will be as keen on compliance as the rest of us.
Ian B
MD
Keep IT Legal Ltd
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