In a message dated 12/06/2002 18:47:08 GMT Daylight Time,
[log in to unmask] writes:
<< Could this not be seen as Management Forecasting - one of the exemptions of
DP..I am sure if I had my own business I would not like to think an employee
was abusing the system and like with Data Matching it will only be people
who have something to hide that would not want this information on a
wallchart!!!! >>
---------
Oh dear. We seem to be getting ourselves in a tizzy. We must remember that
for data to be processed in any way, including disclosure to colleagues, we
must meet a condition in schedule 2, a schedule 3 condition if sensitive data
are processed and we must also be fair to the individual.
Perhaps some contracts state that all staff (and visitors to the office where
the chart is displayed) will be given basic information about absences - use
sch 2 condition 2(a).
Maybe the rights of the individual at work are not as great as the need for
staff to know why their colleagues are not at work - use sch 2 condition 6(1).
If there is no contract term, and if colleagues would still be able to do
their jobs just by knowing the person is "unavailable" then condition 1
applies - consent.
If the details are sensitive data, perhaps a number of absences could be an
indication of the person's physical or mental health, only condition 1
(explicit consent) would be applicable.
In order to be fair to the individual, why not ask what their objections are
- if any - and proceed with caution if no legitimate concerns are raised.
The comment about data matching was not called for nor is it accurate. Many
mismatches have occurred, personal data on staff, benefits claimants and
people living in safe houses have been passed to other data controllers
without the subjects' knowledge, people being stalked have never been given
the opportunity to raise legitimate concerns and local authority employees'
privacy rights have been overridden by what can only be described as one huge
sledgehammer.
"Nothing to hide nothing to fear" is an argument that has little basis in
fact and is a dangerous statement to make - miscarriages occur all too
frequently.
Ian Buckland
Managing Director
Keep IT Legal Ltd
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