The issue here, as always, is not what is REASONABLE, it is what is LAWFUL
Competent legal advice is required here. Statements of "Acting in the
public interest" are not a relevant or useful legal defence to a crime that
you would commit by releasing the information.
We may only release data to the data subject "or anyone with a lawful
requirement to see it" (my words, though doubtless in the act or other laws
there is a definition).
In all such cases, before releasing data, I would require a bona fide legal
proof of entitlement where the party requesting disclosure is not the data
subject. This is, if necessary, a court document requiring disclosure.
My first recourse in a matter like this will always be my lawyers. Small
money spent today will prevent larger money and loss of reputation later.
_____________________________________________________________
Tim Trent
Chief Privacy Officer EMEA
Gartner
EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
TW20 9AW
Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335, Mobile +44
(0)7710 126 618, Fax +44 (0)1784 268 932
http://www.gartner.com
[log in to unmask]
The opinions expressed in this message are my own, and may or may not
reflect those of my employer. They are expressed as a part of the
discussion on the JISCMail mailing list on data protection and for no other
purpose. They have no legal standing and are offered as part of informed
and informal discussion. They may NOT be attributed to Gartner in any way.
Any personal data provided is provided expressly for use of discussions on
the JISCMail Data Protection Discussion list. Under the UK Data Protection
Act 1998 I expressly forbid any individual or organisation to make
commercial use of my data published either on the email list or in the
archives of that or other lists whether this message appears or not. This
includes messages already published in the archives.
-----Original Message-----
From: Olaitan Eyiowuawi [mailto:[log in to unmask]]
Sent: 24 October 2002 10:24
To: [log in to unmask]
Subject: Re: Disclosure query
Dear All
I support the idea of releasing information in respect of
the employment to a Solicitor. However, since this raises
the issue of fraud, releasing the information to a
Prosecutor, if the matter gets to that stage, in my view
is a better option. Then it will be that you acted in the
public interest.
On Thu, 24 Oct 2002 10:08:33 +0100 Colette Healiss
<[log in to unmask]> wrote:
> Dear All
>
> We have received an enquiry from a private investigator acting on behalf
of
> a well known insurance company in pursuit of a case against an individual
> who is bringing a substantial personal injury claim against his employer
> (an engineering company).
> With me so far ?
> The private investigator has found out that the individual concerned is
> believed to have been working as a doorman here during the period he was
> supposed to be signed off work because of his injury and are requesting us
> to confirm whether or not he is registered with us.
>
> I can see that there would be justification for releasing relevant
> information we may hold in this case. What has been exercising my brain
> cells though is that I would be uncomfortable with releasing information
> either to this investigator or to the insurance company (were they to
write
> in with a request). I feel we should only respond to such requests when
> made by a solicitor (acting on behalf of the employer or insurance co in
> this scenario) in connection with the compiling of evidence for a legal
> case.
>
> What do others feel on this one?
>
> Colette Healiss
> IT Strategy and Regulation
> St Helens Council
> Town Hall
> Victoria Square
> Telephone 01744 456052
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> 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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
----------------------
Olaitan Eyiowuawi
Legal compliance Assitant
King's College,
University of London,
Strand London WC2R 2LS
Tel: 020 7848 2134
e-mail:[log in to unmask]
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|