Would that mean that normal managers of organisations, and persons with data
protection responsibilities, do not commit offences under the act if they
deliberately breach the act?
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Hubert, Paul [STU]
Sent: 17 June 2002 15:20
To: [log in to unmask]
Subject: Re: DPO liability
I'm not sure that an answer from me is still required after Dave Wyatt's
exploration of the issue. However ...
Organisations may have all sorts of people called 'managers'. I figured that
*Rebecca* probably isn't one, at least in this context. I read the word in
the context of the phrase "any director, manager, secretary or similar
officer of the body corporate" as meaning a manager of similar authority
within the 'body corporate' as a director or [company] secretary. If that's
right, many managers won't count, but the most senior managers may depending
on who has authority over them. I don't know whether the OIC would agree
with this - the guidance document has nothing useful to say on this point!
Paul
> -----Original Message-----
> From: Ian Welton [SMTP:[log in to unmask]]
> Sent: Friday, June 14, 2002 5:01 PM
> To: [log in to unmask]
> Subject: Re: DPO liability
>
> Hubert, Paul [STU] on 14 June 2002 at 16:31 said:
>
> "If that applies to you then you should have the nominal authority to
refuse
> to carry out the act."
>
> Are you saying that the manager instructing the act is not a manager, or
> that the organisation is not a body corporate?
>
> Ian W
>
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