I agree with John. In a commercial organisation I have a similar role,
working for the data subject from within. However this plays hell with any
career aspirations as many within the company simply do not understand the
position (unless they are the data subject seeking help).
I recall one case where a employee as a IT project manager was really having
a go at me and the f..... DPA as I pointed out compliance failures in his
e-commerce development. He was not aware that I was also fighting for his
DPA rights in relation to an investigation into his employment history in a
manner which was suspect under DPA by a firm of solicitors engaged to
investigate him in relation to potential legal aid fraud. The nature of the
investigation also prevented any alert to the individual. That really does
test your integrity all round.
All DPA officers have an extremely difficult job. I believe they should be
officially recognised by statute in the same manner compliance managers are
under the Financial Services and Markets Act. Under that legislation the
difficulty of the a compliance manager is recognised as potentially being in
conflict with the company. They therefore have been granted certain
protections against dismissal. As far as I can see this 'conflict' position
is exactly the same for DPA officers who have to protect data subjects
whether employees, suppliers, customers, marketing targets etc, even against
personal data abuses by regulators such as the FSA.
Any DPA officer ever attempted a subject access request against their
employer?
David Wyatt
----- Original Message -----
From: "J F Hitches" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, December 05, 2002 4:30 PM
Subject: Re: [data-protection] Kicking post
> Brenda Scourfield wrote:
> > Do any others on the list feel that the DP Officer is in the front
> > line as a kicking post when the data subject making an SAR usually
> > has some gripe or axe to grind with another part of the
> > organisation ?
>
> Yes - but you are also the data subject's friend because you may
> be digging out information (or the lack of it) that they are
> concerned about. By taking a neutral stance in relation to any
> issues the DS may have you can often get them to recognise your
> value.
>
> If there is some dispute giving rise to the SAR I usually say
> that I am not interested in the issue, except to the extent that
> it might assist me in finding the relevant data, as I am not in a
> position to arbitrate or mediate on it.
>
> The DS is often concerned that data will be witheld. By
> explaining that it would be a breach of my professional duties to
> have data knowingly withheld they recognise that I am neutral in
> the middle rather than on the university's "side".
>
> At times you then become the kicking post for the organisation
> who may be reluctant to provide data, or spend the time looking
> for it - that can be worse than the approach of the DS!
>
> Then presenting the data in a tidy manner with courteous letter
> can offset any remaining animosity.
> John F Hitches
> General Administrative Manager
> Kingston University
> River House
> 53 / 57 High Street
> Kingston Upon Thames
> Surrey KT1 1LQ
> Telephone 020 8547 7768
>
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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 : -
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(all commands go to [log in to unmask] not the list please)
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