> -----Original Message-----
> From: Broom, Doreen
> Sent: 13 June 2002 12:17
> To: [log in to unmask]
> Subject: RE: Sickness Monitoring
>
> Having spoken to all Sections in IT now - no one objects...I have had
> varying comments and the majority have said "What nonsense" but I have
> taken your points on board but as all individuals are consenting I feel we
> have no issues here. To the original requestor of advice I would suggest
> that you obtain consent....Have enjoyed the debate though.
> D
>
>
> -----Original Message-----
> From: [log in to unmask] [SMTP:[log in to unmask]]
> Sent: 13 June 2002 10:09
> To: [log in to unmask]; [log in to unmask]
> Subject: Re: Sickness Monitoring
>
> 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
>
> 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
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