The business contact details are capable of identifying a living individual
and are thus subject to the act. "Chief Executive Officer - Marketing
Improvement Ltd" is actually sufficient to identify my chief exec even
though his name does not appear, because there is but one chief exec, and is
thus personal data. "Consultant - Marketing Improvement Ltd" is
insufficient because there are several of us. Thus it is not.
"Tim Trent - Marketing Improvement ltd" is personal data within the meaning
of the act.
-----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: 23 March 2005 10:05
To: [log in to unmask]
Subject: Re: [data-protection] Passing on official details
I had thought that the business contact details of an individual are not
considered to be personal data. I remember looking into this a while ago,
but I can't for the life of me remember the answer. I know it is
specifically excluded in Canada (my retention levels are higher for useless
information), but as for the situation in the UK, I'd have to replicate my
previous research.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 23 March 2005 09:57
To: [log in to unmask]
Subject: Re: [data-protection] Passing on official details
It seems to me that one needs to look at three things here. One is
"Fairness" and the other is "Privilege". One also needs to look at the
status of the person passing the personal data.
In a grievance case it is meet and right for the aggrieved party to be able
to prepare that case, with relevant people's witness details being passed to
the "person" who is assisting with that preparation. Those people do have a
total right to privacy and it would be a natural expectation that their
details would not be passed further except in the preparation of the
grievance. It is thus fair to pass their details on.
If the party to whom the data is passed can be determined to have some form
of privileged status in this transaction one can be "assured" of the further
privacy of the data.
If the person who is pursuing the grievance as the aggrieved party is simply
an individual himself or herself the I feel this already falls outside the
scope of the DPA. It is not a business passing that data but an individual.
There is a human requirement for courtesy, but not a legal one for
confidentiality.
Unless, of course, the list knows differently :)
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 Turner8
Sent: 23 March 2005 08:53
To: [log in to unmask]
Subject: [data-protection] Passing on official details
Importance: High
An interesting question which I need to advise on today, so any ideas would
be appreciated ASAP!
We have a grievance case running at the moment. The individual concerned has
been in contact with various people within the organisation regarding the
case (HR Advisor, Welfare Officer, Line Manager, etc). The individual has
passed the names, contact numbers and email addresses of these people to an
external organisation who he is consulting.
Do the people affected have an expectation of privacy. Should he have got
permission from them to do this?
Or are contact details in their professional capacity "fair game" to be
passed on to anybody?
Your input is appreciated!
Stewart
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