Regrettably the issue here is of a friend who is in the right (legal advice
all the way to barrister has confirmed this) and could issue SARs to get the
evidence needed, versus schools owned and run by martinets and what I can
only describe as escapees from the home for the incurably strange.
The reason for making the post here was to highlight the fact that, while
the individual has all the rights, there are situations where the data
controller holds all the cards and has all the power.
Friend is genuinely frightened of taking even the trivial action of an SAR.
It is very similar to using a tribunal for unfair dismissal. One may win.
After that one may well be unemployable ever again.
Tim Trent - Consultant
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graham Hadfield
Sent: Friday, August 20, 2004 7:56 AM
To: [log in to unmask]
Subject: Re: [data-protection] A conundrum
Yes, I understand that Friend is self employed but assumed that the
teachers, as heads of department, would be employed by the owners of the
schools they work at rather than being self employed themselves. I was
hoping that the schools might be local authority ones rather than privately
owned ones (teachers in LA schools are employed by the local authority
rather than the school they happen to work at).
As employees they are subject to the codes of conduct of their employers and
the use to which they have put the information provided by Friend should be
in breach of those codes - which is where employment law comes in. If the
employers do not take disciplinary action they might, themselves, be in
breach of the Codes of Corporate Governance which they are required to
adhere to. I think (since Maxwell) that this applies both in the public and
private sectors.
Graham
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