The solicitor, based on what we know, behaved in a very silly way.
Now look at the list of prosecutions in the UKIC's 2004 report on the last
page:
http://www.informationcommissioner.gov.uk/cms/DocumentUploads/annual%20repor
t%20summary%202004.pdf is the document or http://tinyurl.com/62e7a
Eight individuals and one corporation. Hmm. Nine prosecutions. So two of
these were obviously not solicitors then :) We can check this if we care by
the law Society's website that has all the solicitors in the UK. There
should be seven matches from the list with solicitors. Out of 11,644
completed cases of which they state 1,197 had no assessment made or were
declined (that is 10% or so adjudged to be frivolous, presumably?). So, 9
prosecutions out of 11644 minus 1197, or 0.08614%.
Educate me some more when I next get a parking ticket. I would like to get
away with that ratio of parking fines.
They say (and it is better formatted in the report):
Recorded Outcomes
Advice given (including telecoms) 5690 57.0%
Request for assessment declined 628
Threshold criteria not met 569
Sub total 1197 12.0%
Compliance unlikely 1588 16.0%
Compliance likely 1469 15.0%
(percentages calculated to give 100% of outcomes listed)
TOTAL 9944 100%
So what has happened to the 1,469 where compliance is unlikely? What will
happen? Shall we see the list in the next annual report of 1,469
prosecutions? And will that sensitive data be published on the UKIC's
website, arguably against the law he regulates?
I am now going to stop ranting. It’s pretty boring to read, after all.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Laurence Bebbington
Sent: 21 March 2005 12:53
To: [log in to unmask]
Subject: Re: [data-protection] Interview notes
In the case of the prosecution for failure to notify the solicitor in
question was "was contacted more than five times by the Information
Commissioner over a period of two years and yet still failed to notify."
prosecution could have been avoided by 10 or 20 minutes work and a £35.00
fee. How many warning shots should a legal practitioner, who should know
better, actually need? The IC has not devalued the law. On the contrary it
seems that by showing discretion and forebaearnace and not taking action
immediating he should considerable patience with someone who was "flouting"
the law and should have known better than most. And as the IC has said:
"In the past year alone my office has prosecuted seven solicitors.
Solicitors and other professionals should be setting an example to others on
how to follow the legislation that is in place."
Eminently sensible and reasonable and not haphazard, in my view.
Laurence
Laurence W. Bebbington
Team Leader (Law)/IS Copyright Officer
Hallward Library
Information Services
The University of Nottingham
University Park
Nottingham
NG7 2RD
>>> Tim Trent <[log in to unmask]> 21/03/05 12:31:58 >>>
There is a great difference between acting at all and acting with
discretion.
And, of course, acting with discretion includes not acting. I accept that.
My argument is simply that this law is being enforced haphazardly. Or that
is my perception. By using discretion the UKIC shows he is human. By
acting with apparent random enforcement and appearing to pick low hanging
fruit he appears to devalue the law. Infinite discretion is no discretion
at all.
It is like firing a shot across the bows of a fleeing vessel. "Continue on
your course and I *will* sink you." So far as I can see the UKIC warning
shots are few and far between. What he seems to do is to fire into the hull
of the vessel, not across the bows. This law has been with us since 1998.
It is a few years later than that now.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graham Lewis
Sent: 21 March 2005 12:05
To: [log in to unmask]
Subject: Re: [data-protection] Interview notes
Isn't the logical extension of your argument that unless you act against all
offenders you shouldn't take action against any of them?
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: Monday, 21 March 2005 11:56
To: [log in to unmask]
Subject: Re: [data-protection] Interview notes
Let us make this more extreme, then
We have the Sexual Offences Act 2003. In part it legislates against sexual
acts with a minor child in a more effectuve manner than prior legislation.
It is clear law, though some lawyers would argue that parts of it are badly
drawn.
Would you accept that a paedophile who has stopped abusing minor children
(and I mean 10 minutes ago though there is excellent evidence to show that
he or she had been doing so during the past hour) should not be prosecuted
but that one who was caught in the act should be?
I am a firm believer in using extreme examples to show what should and
should not be done. They crystalise thought far better than anything else.
And matters sexual are the most extreme one can usually phrase.
My perception is that the UKIC needs to use more extreme examples in his
thinking over who should and who should not be prosectured. I am, as ever,
happy to have this perception corrected
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lewis, Chris G.
Sent: 21 March 2005 11:45
To: [log in to unmask]
Subject: Re: [data-protection] Interview notes
This is certainly true. However, an unevenly applied law is surely better
than no law at all, in this instance.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 21 March 2005 11:44
To: [log in to unmask]
Subject: Re: [data-protection] Interview notes
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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