I thought you might find it interesting to see the response received from one of my contacts. Malcolm was until recently the Data Protection Officer for the City of London Police.
Hope some of you find it helpful.
Mary Sambrook
National Data Protection Manager
______________________________ Forward Header __________________________________
Subject: Re: Violent Warning Markers
Author: [log in to unmask] at DTT.UK.INTERNET
Date: 18/02/2000 02:42
Hi Mary,
Ha!! I can answer this one!
The short answer is that we can hold markers of violent, mental, contagious etc providing that the initial paperwork justifies it.
We cannot hold any markers showing HIV+ as this has been banned by DPR with the approval of ACPO (I can explain but typing is too long).
Also things like suicidal if left for too long can't be kept, either the subject is dead or isn't very successful!!!!
Could make the basis for a long discussion, but I think that the answer lies in the registration rather than legislation.
Regards,
Malcolm
----- Original Message -----
From: <[log in to unmask]> To: <[log in to unmask]>
Sent: Thursday, February 17, 2000 4:07 PM Subject: RE: Violent Warning Markers
Hi Malcolm
I wondered whether you would be in a position to give or get me some answers to the questions below regarding police powers. My own understanding (and it may be wrong) is that under the new act you could no longer use markers particularly if you have no absolute proof ie "could" be violent or "his behaviour was threatening".
This is obviously one issue that gets talked about a lot particularly amongst the CSL staff as they feel that staff can be at risk.
Speak to you soon.
Regards
Mary
______________________________ Forward Header __________________________________
Subject: RE: Violent Warning Markers
Author: [log in to unmask] at DTT.UK.INTERNET Date: 17/02/2000 14:42
That's interesting....I've heard that the Police can withhold warning markers from information provided in subject access requests and are empowered to do this - but I'm not sure which statute covers this, it may be their policing powers. I wonder whether this would be the case for other organisations such as local authorities, health etc?? Also wonder whether this is what the Assistant Registrar was referring to.
The Special Interest Group has been working on producing practical guidance on this area, and have established that the statutory basis for holding such information would come under the Health and Safety at Work Act - where we have a duty to protect our employees and anyone else acting on our behalf.
Issues raised so far are - how to ensure accuracy of information held - you can hardly go back to the person who has been violent to check that they are still behaving in this way. Review and retention periods. Responsibility for the information held - some authorities are setting up central systems to record this information - and decisions must be made on who is responsible for it and you will disclose it to. Disclosure to partnership organisations - who would also find the information useful - if you're only holding it to protect your staff or contractor's staff you shouldn't be disclosing it to other organisations who just happen to be in partnership with you.
Fascinating area, work is still ongoing if anyone else has done work in this area, we're happy to share on it..... The Registrar's Office issued advice some time ago on the use of Potentially Violent Warning Markers, but it's not on their website so you have to ring or email them for a copy of it. Good starting point, though.
Hope this helps,
Gill.
> Gill Smith
> Data Protection & Security Officer, Information Systems > Strategy Unit > Devon County Council www.devon-cc.gov.uk > Tel: 01392 383165 Email: [log in to unmask]
> > > -----Original Message-----
> From:Anne Kipling [SMTP:[log in to unmask]] > Sent:Thursday, February 17, 2000 11:13 AM
> To:[log in to unmask]
> Subject:Re: Violent Warning Markers
> > At the JISC conference last week, the Assistant Data Protection Registrar > made specific reference to "risk markers" in his presentation. He said > that such markers can be withheld "to the extent that this is required in
> the > interests of the risk assessment system". This could be done under s29, > Exemptions for Crime and Taxation ... (1)(a) and (3).
> > Anne Kipling
> Information Security Officer
> Oxford Brookes University
> > > I am looking into the use of violent warning markers at South Ayrshire > > Council, from a data protection viewpoint. They have been in use for
> > some time within a few departments but the data protection
> > implications have never been fully assessed. We are also talking about > > a more central file so that if one service (eg social work) has a
> > problem and makes a record, another service (eg Environmental Health) > > could be forewarned prior to any visit. Obviously there are DP issues, > > but I can find no specific reference within the guidance documents
> > that I have. Any general experience or pointers would be gratefully > > received.
> > > > Tommy Kennedy
> > Systems Security Administrator
> > South Ayrshire Council
> > > > > > >
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