The point you make about even handed and equable application of the law is
also my primary point
The UKIC failed to act against Cahoot with a prima facie breach of the law
"because they had shut the stable door after the horse had bolted". The
UKIC acted against a Rochdale solicitor for the simple offence of failing to
notify. One might make the point that the silly man HAD notified prior to
the court case!
So even handed and equable it was not. Consistent it was not.
Might one suggest it was "soft target, so let's make an example of him?"
If the UKIC is unable or unwilling to prosecute properly then something is
astray, surely, with his handling of his brief
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 21 March 2005 11:36
To: 'Tim Trent'; [log in to unmask]
Subject: RE: Interview notes
Tim Trent on Monday, March 21, 2005 at 10:06 AM said:-
> Precisely.
>
> So is it not about time that our regulator started to regulate?
>
> Unenforced law is bad law. While one can argue that enforced laws are
> by no means all good laws, one can at least see that the law is being
> upheld.
>
> If the UKIC's office and the UKIC will not enforce and uphold the law
> then the law should go. There is, of course, an alternative position
> here. But we have so far had several regulators who seem not to be
> overly concerned with enforcement.
Clearly DP is an area where the regulators have to consider matters
carefully in order to ensure the law is applied equally to all.
Take part V of the Police Act 1997 as an example with similar connotations.
The basic structure of the processes for the CRB are prejudicial against
anybody who moves their residence around the country/world regularly
creating a responsively unfair environment for them where
employment/recruitment/contract requirements make short timescales
necessary. This is because each police force they have resided in is
required to respond with the results of a check. The different response
times between a person who has lived in one area and one who has lived in 20
areas creates a systematic prejudice. Unless of course everybody should
always maintain an in date CRB certificate.
It is probable that ensuring a similar prejudicial system does not emanate
from the DPA means that a great degree of care is required when considering
offences across the varied DP environment. What can create a puzzle is where
consistency is not maintained or/and people do not raise any issues with
unfair balances. Conceptually considering privacy by removing the political
aspects at least assists in recognising some of the issues involved.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: Monday, March 21, 2005 10:09 AM
> To: [log in to unmask]
> Subject: Re: Interview notes
>
>
> "Gosh, I'm sorry. I never realised they were part of an access
> request." Which reinforces the absolute requirement for a correct set
> of policies that are linked to disciplinary processes.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Stuart Lynch
> Sent: 19 March 2005 16:36
> To: [log in to unmask]
> Subject: Re: [data-protection] Interview notes
>
> For a public authority and/or its employees, "unfair destruction" can
> be a criminal offence, if it's done to with the intention of
> preventing disclosure as part of a SAR response (Section 77, FOIA).
>
> Stuart Lynch
> Stuart Lynch Consulting Ltd
> 01704 870365
> 07709 400236
> mailto:[log in to unmask]
> www.stuartlynchconsult.com
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: 18 March 2005 13:42
> To: Stuart Lynch Consulting
> Subject: Re: Interview notes
>
> In all circumstances it behoves any organisation to have a "Data
> retention Policy" and a "Data Deletion and Destruction policy" (these
> are complementary, not opposites) and to have simple versions
> available for public inspection. Interview notes and disciplinary
> hearing notes should be considered for explicit mention in the
> policies
>
> In this way no accusations of "unfair destruction" may be made unless
> there are breaches of those policies.
>
> Such policies should, of course, be a part of the HR Code of Conduct
> and breaches should be subject to disciplinary action up to and
> including summary dismissal for a grave offence.
>
> I often end up drafting these. It never ceases to surprise me how
> often they are absent.
>
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> email: [log in to unmask]
> Marketing Improvement Limited, Abbey House, Grenville Place,
> Bracknell, United Kingdom, RG12 1BP
> http://www.marketingimprovement.com
>
>
>
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>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Broom, Doreen
> Sent: 18 March 2005 13:12
> To: [log in to unmask]
> Subject: Re: [data-protection] Interview notes
>
> Yes, so be careful what you write.
> D
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [SMTP:[log in to unmask]] On Behalf Of Doug Colyer
> > Sent: 18 March 2005 10:30
> > To: [log in to unmask]
> > Subject: Interview notes
> >
> > Dear all
> >
> > I am certain that this subject has been previously discussed but I
> > cannot
> find the emails. So if you all don't mind being patient with
> me, could you confirm if in your opinion within the context
> of a selection interview (as for a job), can the interviewee
> ask to see the notes made by the interviewing panel when they
> were interviewing him/her for the job ?
> >
> >
> > Douglas Colyer
> >
> >
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