I agree
The DP Act 98 association to this guide comes from using Schedule 2 6
Processing condition coupled with the notice of use (fairness) requirements
in Sch 1 part II section 1 to 3.
Opt out (withdrawal of consent) may not be necessary unless
a) the individual makes a case for substantial damage being caused by the
processing (Section 10)- Unlikely to be a volume problem.
b) An individual argues the balance of proportionality as being in their
favour under the Schedule 2 Section 6 processing condition. - Again unlikely
to be a volume problem
Objectors are generally likely to be few and easily dealt with as occurred.
Provided the request gets to a person empowered to force the correction.
The main problem appears to be ensuring that individuals were / are advised
of the general directory purpose as per conditions in Sch 1 part II section
1 to 3. How difficulat this is dependant on what individuals were advised
when the information was collected.
Not sure from a top of head response whether there are impacts for directory
data in this context in the Telecoms Orders linked to Data Protection.
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Taylor, Mike
> Sent: 17 September 2001 17:51
> To: [log in to unmask]
> Subject: Re: Staff Directory on Internet?
>
>
> >
> > It may be possible that you can do the job on an opt out basis, after
> > sufficient warning has been given to your staff and they are
> > invited to opt
> > out. (Now I will be killed for saying that).
>
> Charles
>
> I think you're right. See the document - "JISC data protection code of
> practice for the HE and FE sectors (ver 2.0)" produced by the Information
> Law and Technology Unit at the University of Hull Law School.
>
> http://www.jisc.ac.uk/pub00/dp_code.html
>
> Section 13.2 - quote:
>
> "Where staff on-line telephone and e-mail directories are made
> available on
> the Internet, for the purposes of the normal organisational
> functioning and
> management of the institution, this should not require the consent of data
> subjects. However, data subjects whose personal data is used in this way
> should be informed of this use and should retain the right to
> object to the
> use of their data where it would cause them significant damage or
> distress."
>
> So it seems the opt-out route is permissible, provided the
> institution makes
> all reasonable endeavours to inform staff that they intend to do this at a
> certain point in time and, furthermore, give staff the opportunity to
> opt-out before their directory entry is made available on the
> internet. The
> important phrase here is "normal organisational functioning and management
> of the institution". Note, publishing _student_ email addresses does not
> fall into this category and therefore explicit consent (ie opt-in) of the
> data subject is required.
>
> Regards,
> Mike
>
> --------------------------------------------
> Mike Taylor, Project Manager
> DELTA Project
> The University of Manchester
> 188 Oxford Road, Manchester M13 9GP
>
> t: 0161 2757330
> f: 0161 2758333
> e: [log in to unmask]
> --------------------------------------------
> DELTA - "Delivering the Electronic Learning
> and Teaching Advantage"
> http://www.delta.man.ac.uk
> --------------------------------------------
>
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