[log in to unmask] on Friday, January 28, 2005 at 9:56 AM said:-
> I guess in the end it is down to the policies of the
> organisations concerned. The first time harm is caused to en
> employee, because no-one asked whether there was any reason
> not to disclose, those policies will change.
It is however important that those policies consider the issues relating to
each data collection, and the data subjects wishes carefully so they are
formulated appropriately.
An example might serve to illustrate: The disclosure of the name and
address of an individual to an unauthorised person became part of a criminal
investigation when that unauthorised person murdered the girlfriend of the
person whose name and address had been disclosed. The information generated
by that name and address was the subject itself of an investigation solely
focused on how it was obtained and a subsequent, initially successful
prosecution.
Many wrinkles can be conceived within those basic facts, but from a DPA
perspective, a disclosure, although possibly seeming minor to anybody
handling the information on a regular basis, can have very significant
consequences for data subjects, as the facts of any public interests
incorrectly connected or narrowly focused equally can.
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: Friday, January 28, 2005 9:56 AM
> To: [log in to unmask]
> Subject: Re: Private investigator
>
>
> But surely the fact that the PI does not know that the person
> works or worked there and has said they are investigating a
> possible crime would suggest they are seeking potentially
> sensitive personal data.
>
> If the enquiry is in relation to an affair, paternity or
> petty debt (the usual things covered by PIs) the work-related
> data becomes something completely different. I would think
> the ICO was referring to just this sort of situation when he
> talks about "some risk to the individual".
>
> I guess in the end it is down to the policies of the
> organisations concerned. The first time harm is caused to en
> employee, because no-one asked whether there was any reason
> not to disclose, those policies will change.
>
> Ian B
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
> Please Note: The information given above does not replace or
> negate the need for proper legal advice and/or
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> -----
>
> In a message dated 28/01/05 09:42:55 GMT Standard Time,
> [log in to unmask] writes:
>
>
> > If this request were in writing, it is an FOI request. In
> which case,
> > the only relevant exemption is that release of the
> information would
> > breach one of the data protection principles. Would it?
> The IC's FOI
> > awareness guidance on personal information says,
> "Information which is
> > about someone acting in an official or work capacity should
> normally
> > be provided on request unless there is some risk to the individual
> > concerned...if the information consists of the names of officials,
> > their grades, job functions or decisions they have made in their
> > official capacities, then disclosure would normally be made."
>
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