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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