In a message dated 07/03/2002 11:48:13 GMT Standard Time,
[log in to unmask] writes:
<< Seriously, though, and using my imagination. Let's call the poor data
subject B. B is off sick and would rather people didn't know what was wrong
unless unavoidable. One person B must tell is his/her manager, ie your
boss, who needs to know why B is off sick. >>
---------
I like this scenario. I had thought of something similar due to Rebecca's
reluctance to spill the beans.
However, I stopped as soon as the sickness details were requested/demanded by
the manager - he/she can only obtain the details with the sickee's explicit
consent as no other conditions apply under Schedule 3 for such sensitive data
processing.
Until the DPA is changed or employment law is changed to require the
disclosure, staff could merely state: "feeling unwell" or "recovering from an
operation" without having to give the "gruesome details".
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|