I would agree and also add.
You do not need consent to process the personal details of the next of
kin because you have met one of the other requirements of schedule 2.
You do have a duty to inform the data subject of the info specified in
sub-paragrap (3) of the Act i.e Identity of the data controller,
purposes etc. In this scenario though you are not processing
information on the data subject. The data subject has disclosed
information to you of his/her next of kin - you have in effect obtained
info from a third party.
The First Principle does state "in any other case, the data controller
ensures so far as practicable that, before 'the relevant time' or as
soon as practicable after that time, the data subject has, is provided
with, or has made readily available to him, the information specified in
sub-paragraph (3)"
This could mean that it would be enough to notify the data subject only
if the data controller has need to contact them in an emergency. You
would be telephoning them and telling them who you are, why you hold
their data and why you have called them. You could argue that this may
constitute notification "as soon as is practicable".
Lewis
-----Original Message-----
From: Jones, Rhys : Retail [mailto:[log in to unmask]]
Sent: 04 September 2001 16:37
To: [log in to unmask]
Subject: Re: Next of Kin info - consent?
I would stick with the view that consent is not required. Schedule 2,
para
6 (legitimate interests) is sufficient.
I would also argue that in many cases the provision of fair processing
information would constitute disproportionate effort under Schedule 1,
Part
2, para 3(2)(a) in proportion with the interests of the data subject.
Personally I would expect that a few of my nearest and dearest would
have
nominated me as an emergency contact with their employer, and I would
not
find any benefit in being contacted by such employers to be informed of
my
nomination.
It is then a matter between the employer and employee to ensure that the
information is kept up to date.
The draft employment CoP does not dedicate much attention to this issue,
it
merely states "if an emergency contact is required, obtain and record
this
information not next of kin".
> -----Original Message-----
> From: Trent,Tim [SMTP:[log in to unmask]]
> Sent: 04 September 2001 16:17
> To: [log in to unmask]
> Subject: Re: Next of Kin info - consent?
>
> With a child at school there is a contract, express or implied,
between
> the
> parent and the school, or the authority controlling that school. Thus
the
> data of "next of kin" is held in order to fulfil that contract and
seem to
> me to be exempt data.
>
> If the person is an "Emergency Contact" this may or may not be part of
> contract fulfilment and thus correct permissions should surely be
sought.
>
> If there is no contract, then this data seems to me to fall within the
> scope
> of the act.
>
> It is incumbent on the data controller to seek correct permissions
when
> the
> data is collected, or as soon as reasonably practical thereafter.
>
> That this becomes a French farce is not really the point.
>
> -----Original Message-----
> From: Broom, Doreen [mailto:[log in to unmask]]
> Sent: 04 September 2001 15:56
> To: Trent,Tim
> Cc: [log in to unmask]
> Subject: RE: Next of Kin info - consent?
>
>
> So does this apply when a child is ill at school and the headteacher
> phones
> the parent ...
>
> > -----Original Message-----
> > From: Trent,Tim [SMTP:[log in to unmask]]
> > Sent: 04 September 2001 15:54
> > To: [log in to unmask]
> > Subject: Re: Next of Kin info - consent?
> >
> > I am perplexed. Please help me with why one does not need consent
to
> > process the personal details of the next of kin? Surely I have a
> bounden
> > duty to inform the data subject that I hold their data and the
purposes
> > for
> > which I hold it?
> >
> > -----Original Message-----
> > From: Lewis Bourne [mailto:[log in to unmask]]
> > Sent: 04 September 2001 15:41
> > To: [log in to unmask]
> > Subject: Next of Kin info - consent?
> >
> >
> > Consent is only the first para in Schedule 2. You don't need
consent to
> > process name and address information in this scenario. Would it not
be
> > more appropriate to say that:
> >
> > "The processing is necessary in order to protect the vital interests
of
> > the data subject" para 4
> >
> > Lewis Bourne
> > Principal Information Security Officer
> > I.C.T. Services
> >
> >
> >
> > This e-mail contains proprietary information some of which
> > or all of which may be legally privileged. It is for the
> > intended recipient only. If an addressing or transmission
> > error has misdirected the e-mail, please notify the author by
> > replying to this email. If you are not the intended recipient
> > you must not use, disclose, distribute, copy, print or rely
> > on this e-mail.
> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > If you wish to leave this list please send the command
> > leave data-protection to [log in to unmask]
> > All user commands can be found at : -
> > www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> > all commands go to [log in to unmask] not the list please!
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > If you wish to leave this list please send the command
> > leave data-protection to [log in to unmask]
> > All user commands can be found at : -
> > www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> > all commands go to [log in to unmask] not the list please!
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
> **********************************************************************
> This email is privileged, confidential and subject to copyright.
> Any unauthorised use or disclosure of its content is prohibited.
> The views expressed in this communication may not necessarily
> be the views held by Scottish Borders Council
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Internet communications are not secure and therefore the Barclays Group
does
not accept legal responsibility for the contents of this message. Any
views
or opinions presented are solely those of the author and do not
necessarily
represent those of the Barclays Group.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This e-mail contains proprietary information some of which
or all of which may be legally privileged. It is for the
intended recipient only. If an addressing or transmission
error has misdirected the e-mail, please notify the author by
replying to this email. If you are not the intended recipient
you must not use, disclose, distribute, copy, print or rely
on this e-mail.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
