Ah the position would vanish quietly in an unconnected manner and no proof
would ever be available.
The purpose of my message was to illustrate that SARs are not as simple as
they appear. We are talking about a backbiting backstabbing bitchy world
here, I'm afraid.
It's a world where any suggestion of impropriety (kiddie fiddling is a good
one to allege) can be alleged easily and without actually alleging it, and
can ruin a career. "We had to let him go. We choose not to say why" is a
great one.
----------------------------------------------------------------------------
-------------------
Tim,
Just a quick response - this one looks complicated, but ...
Why should an SAR give rise to a position where peripatetic music teacher
loses his position?
I know it would make for an uncomfortable working environment (to say the
least!), but surely a data controller cannot use the receipt of an SAR as
grounds for termination of a contract? TICO would have something to say
about this I hope.
Other options - if libel damages won are likely to be greater than combined
income streams, then go ahead with SAR and libel case; if not, then as Bruce
Lee so eloquently put it, "the reed that does not bend in the wind will
break".
Regards,
Duncan S Smith
Managing Director
iCompli Limited Northampton UK
T: 08707 70 48 66 F: 08707 70 48 69 M: 07775 56 81 80
Mailto:[log in to unmask] Web: www.icompli.co.uk
"Compliance in your language"
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 19 August 2004 17:11
To: [log in to unmask]
Subject: Re: [data-protection] A conundrum
Er, no, you missed some things. Friend is self employed. And the
information was delivered under the privilege that I mentioned earlier.
There is no employment law at issue here. Friend, A, and B are each
distinct entities.
None of them is anything to do either with any local authority
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graham Hadfield
Sent: Thursday, August 19, 2004 3:49 PM
To: [log in to unmask]
Subject: Re: [data-protection] A conundrum
I think we are probably more in the area of employment law here than DPA. As
it happens I'm currently working on Corporate Governance matters and have
just been reading/revising our Constitution and Codes of Conduct (I'm
assuming that the schools are public sector rather than private sector).
By disclosing information which belongs to his employer to B, A has almost
certainly broken the Officer Code of Conduct for the local authority which
employs him - which means he is subject to the disciplinary processes of the
authority, including dismissal.
If the local authority were to penalise your friend following a SAR, rather
than properly following its disciplinary procedures, it could well be laying
itself open to a complaint, which would eventually go to the Local
Government Ombudsman if the authority did not resolve it. If any members
were involved in such a decision then they could be reported to the
Standards Board for England.
Graham
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