The issue remains - is the notice DP compliant.
Surely if the information about bankruptcy is required to be made public by
regulation, provided the relevant regulations are adhered to the DPA would
not stop that part of the disclosure, unless the use of that information is
for a purpose the enabling regulations do not cover.
The other portions, which raise many objections, relate to the advice about
not engaging the bankrupt in any type of commercial relationship. That
seems innately wrong, but to determine if the action is a proportionate
response to the bankruptcy proceedings further information would be
required, which moves the issue into a different legal area for which fully
informed advice would be required.
It would probably be helpful if one were to consider advice of a similar
nature being issued in the media, and ask if that could be actionable. If
the answer were yes, then without other validating reasons, surely should
not be done as it would not be a fair use of the information.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> [log in to unmask]
> Sent: 12 October 2005 14:45
> To: [log in to unmask]
> Subject: Re: Notice to staff
>
>
> In a message dated 12/10/05 13:57:35 GMT Daylight Time,
> [log in to unmask] writes:
>
> > So the wording of your notice should really be:
> >
> > Mr X ( tel. no XXX XXXX) who has supplied sandwiches to
> this building was
> > declared bankrupt on XX.
> >
> > Under no circumstances whatsoever are staff to place any further
> > orders with
> > this person but alternatively find another supplier. This
> is to take
> > immediate effect.
>
> You may wish to insert somewhere " . . . until further notice in this
> matter." A bankruptcy does not exist in perpetuity.
> Principle 5. Please remember
> to properly identify him in case another Mr X (his brother)
> also supplies
> sandwiches.
>
> Ian B
>
>
> Ian Buckland
> Keep I.T. Legal Ltd
> (Reg: 3822335)
>
> 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:
>
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> Inkersall, Chesterfield
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>
>
> Tel: 01246 473999
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>
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