S.35 would cover the disclosure by the court. Would it also cover further
recording and/or disclosure of the information unconnected to the court
proceedings?
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Maurice Frankel" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, May 13, 2004 12:46 PM
Subject: Re: Public domain if disclosed in court?
> What is the basis of the normal practice of disclosing, at committal,
> the defendant's name and the charges which have been laid? I haven't
> checked, but I wouldn't be surprised to discover it was required
> under court rules. If so, this information would exempt from the
> non-disclosure provisions under s 35(1) of the DPA.
>
>
> Maurice Frankel
> Campaign for Freedom of Information
>
>
> On 12 May 2004, at 17:22, Paul Ticher wrote:
>
> > The Data Protection Act does not explicitly recognise the public
> > domain. (A
> > view also recognised by the Commissioner's staff in conversation.)
> > The fact
> > that something is in the public domain may, however, have implications
> > for
> > Data Protection: for example, the level of security required might,
> > arguably, be lower in a particular case, since the consequences of
> > unauthorised access would perhaps be less serious.
> >
> > Court proceedings are, of course, sensitive data. Which Schedule 3
> > Condition is being met here? Note that Condition 5 only refers to
> > sensitive
> > information which has been *deliberately* made public by the Data
> > Subject.
> > There may sometimes be a case to be made that a disclosure such as
> > this,
> > without consent, meets one or other of the Conditions, but I don't see
> > one
> > labelled 'Administrative convenience'.
> >
> > Paul Ticher
> > 0116 273 8191
> > 22 Stoughton Drive North, Leicester LE5 5UB
> >
> > I hereby require any recipient of this message not to use my personal
> > data
> > for direct marketing purposes.
> >
> >
> > ----- Original Message -----
> > From: "datap" <[log in to unmask]>
> > To: <[log in to unmask]>
> > Sent: Wednesday, May 12, 2004 10:29 AM
> > Subject: Re: Public domain if disclosed in court?
> >
> >
> >> John,
> >>
> >> Whilst there is no duty of confidentiality attached to such
> >> information
> >> (see case below), there is still a right to privacy. Technically the
> >> only people who should be privvy to this information within your
> >> organisation are the individual, the line management and any HR
> >> professionals involved.
> >>
> >> Whilst convictions are pronounced in open court, due to rehabilitation
> >> and the article 8 rights to privacy, convictions information should
> >> only
> >> be asked for and given where necessary justifed and proportionate.
> >> This
> >> also allows rehabilitation to occur. To 'further publicise' (see
> >> PECK v
> >> UK, ECHR, CCTV footage of attempted suicide in public street given to
> >> and broadcast in media) can attract damages.
> >>
> >> Were this not the case, All convictions would be available on a
> >> national database for anyone to browse and the Police national
> >> computer
> >> would be public domian information. As it happens at present court
> >> records are only searchable by time, date and place of conviction, so
> >> unless you were in court at the time or know the exact time, date and
> >> place of conviction it would make it extremely hard for this to be
> >> 'public knowledge'.
> >>
> >> That being said, were the local papers/press/medis to have published
> >> this information, then you are hardly telling anyone anything that
> >> isn't
> >> already in the public domain at that time? If this is not the case it
> >> may even be a breach to state that 'an individual' has been charged
> >> with
> >> the misconduct, as people are likely to deduce the identity of the
> >> individual. I assume you would claim a s34 exemption, or reason 5 of
> >> schedule 3.
> >>
> >> Without knowing details of the misconduct it is difficult to go
> >> further
> >> - if the misconduct was a highly public affair (example of Nick
> >> Leeson,
> >> or beating a client in the public reception) - it is likely that this
> >> information is public anyway.
> >>
> >> Hope this helps
> >
> >> Elliot v Chief Constable of Wiltshire
> >> (Times Law Reports 11 July 1997)
> >> No duty of confidentiality attached to convictions pronounced in open
> >> court
> >> 810H,
> >>
> >>
> >> Ralph T B O'Brien
> >> Group Data Protection Officer
> >> Metropolitan Housing Group
> >> 020 8829 8070
> >> [log in to unmask]
> >>
> >> Cambridge House
> >> 109 Mayes Road
> >> Wood Green
> >> London N22 6UR
> >>
> >> www.mht-group.co.uk
> >>
> >> Views expressed may be those of the sender and may not reflect
> >> Metropolitan Housing Groups policy.
> >>
> >>>>> John Hughes <[log in to unmask]> 12/05/2004 09:44:30 >>>
> >> A bit of advice please ...........
> >>
> >> A group email has recently been sent to all members of staff to inform
> >> them
> >> that a former member of staff is currently in court charged with
> >> alleged
> >> serious misconduct. The email names the person, includes details of
> >> the
> >> charges and details of when the person worked here and in which
> >> department.
> >>
> >> I have queried this on a number of counts, not least that it was not
> >> necessary to disclose all this information to all members of staff.
> >> The
> >> response has been that it was done to inform everyone of the facts in
> >> case
> >> they field an external call - also that the information is in the
> >> public
> >> domain as it is being quoted in open court.
> >>
> >> Can anyone give me some guidance? Does the fact that this person is
> >> currently up in court for "alleged" offences justify disclosure of
> >> both
> >> personal data (employment details) and sensitive personal data
> >> (offences) to
> >> everyone in his previous place of employment on the grounds that it is
> >> now
> >> in the public domain?
> >>
> >> Regards
> >> John
> >>
> >> John Hughes
> >> Data Protection Officer
> >> Extension 5671
> >>
> >>
> >>
> >>
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