And that gives us the problem. Each argument holds water. And since each
argument holds water there are grounds for a dispute. If the dispute is
settled in favour of the employee it is likely to be a disclosure that has
caused damage or distress.
I am considering it to be very specific personal data. It gives details to
the employer that the employee was allegedly not at an appointment with that
place in that date. By giving them this data about their employee, despite
the valid point that it is an "absence of data", they now have additional
data about that employee.
Antoinette's answer is good, but in my view also goes too far because it
gives minimal information.
The best answer is surely "We require proof that you have the right to any
information at all about this person and that they permit you to have that
information before we will give you any information at all. You may not
interpret this answer as giving you any information of any description about
that person"
We are not interest here in any alleged deception by the employee. We
should only be interested in protecting their rights. Even murderers have
rights.
_____
From: Lewis, Chris G. [mailto:[log in to unmask]]
Sent: 10 June 2005 12:18
To: Tim Trent; [log in to unmask]
Subject: RE: [data-protection] Disclosure or not?
I disagree. I think were one to say, as suggested "no-one of that name had
an appointment", you are not disclosing anything about any individual in
isolation - "no-one called John Smith was here". I can't see that a John
Smith could complain that that was an unauthorised disclsoure of their
personal data. Firstly, I don't think it's personal data, and secondly, it
would equally be known to a member of the public who sat in reception all
day as it was to the hospital.
-----Original Message-----
From: This list is for those interested in Data Protection issues on behalf
of Tim Trent
Sent: Fri 10/06/2005 12:14
To: [log in to unmask]
Cc:
Subject: Re: [data-protection] Disclosure or not?
I would suggest that disclosing where "someone was not" is a disclosure of
personal data, and in this case to a third party without authorisation.
What if this person were attending the GUM clinic for an HIV test and has
absolutely NO desire for his employer (or alleged employer) to know?
They have now also passed data to you, an unauthorised third party, of their
suspicions of their employee.
My advice?
Avoid. Do not answer without permission form the data subject.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of John Hughes
Sent: 10 June 2005 12:09
To: [log in to unmask]
Subject: [data-protection] Disclosure or not?
A question for you:
I have been contacted by a company asking whether or not one of their
employees had an appointment with us one recent Friday afternoon. They
suspect that they have been handed a faked appointment letter by the
employee as proof.
If I replied by simply stating "no one of that name had an appointment here
on that date", would I be on safe ground? My rationale is that I am
disclosing nothing as nothing actually took place.
John Hughes
DPO
Mayday Healthcare NHS Trust
==========================================================================
This e-mail and any files transmitted with it are confidential. If you are
not the intended recipient, any reading, printing, storage, disclosure to
another person, copying or any other action taken in respect of this e-mail
is prohibited and may be unlawful. If you are not the intended recipient,
please notify the sender immediately by using the reply function and then
permanently delete the email from your inbox.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|