Paul
My take on this is that councillors individually take the decisions on:
a) whether or not to take up a particular complaint;
b) whether or not to store personal data on a computer;
c) who to pursue the complaint with - it could be the council but it could
also be the local health trust, parish council, or whatever;
d) when to stop pursuing the case (complainants and councils may not always
be happy with the councillor's decision but ultimately it's the councillor's
choice);
If the above were not true, say for example the council itself or a group of
councillors took those desicions, I could see how a council or group
notification would suffice.
If councils had not taken the decision to supply laptops to councillors - and
had instead encouraged them to keep only paper records - the notification
issue would never have arisen, they could all decide not to notify the
processing.
Besides, following Durant, is the information they hold about the individual
or about the complaint? Do they process personal data at all? :-)
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above 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
---------
In a message dated 11/02/04 09:17:45 GMT Standard Time,
[log in to unmask] writes:
> I have been trying to think of a way round this for quite some time. A
> Council usually has two notifications to handle, i.e. The Council and the
> Electoral Registration Officer. The Council cannot add the Councillors
> casework etc. to its notification (the reason escapes me).
>
> However, I do not see why a Council could not have a third group
> notification for all its Councillors. The Data Controller would be The
> Councillors of x Council - Address x Council. Purpose - Casework etc. etc.
>
> Other "groups" seem to be allowed to do this, e.g. Business Security Groups
> - using CCTV etc. the individual shops are covered by the notification.
>
> Also - thinking aloud now - if Councillors have to individually notify -
> what about School Governors (or any other members of bodies performing a
> similar role), where they do work for the organisation and do work for the
> 'customers' of the organisation - usually handling complaints?
>
> It would be nice to think that the collective knowledge on this list could
> solve this one once and for all!
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|