In that case, could I then make a subsequent FoI request for the transcript
of any conversation recorded by the Commissioner - presumably I could ask
for a list - would I receive a full list - would some be so sensitive that
the names would be deleted.
No doubt, the permission of the third person would be required (which would
then come to light the fact that he was recording?!).
And, no doubt, also in some cases it would not be considered in the Public
Interest that the transcripts be recorded.
I have not worked at such levels of government but can someone tell me
whether there are off the record conversations between high officials.
I think that there is a problem with people who operate at lower levels that
we don't know what is normal practice at such stratospheric levels, and
therefore was the expressions of surprise/outrage by Hazel Blears
manufactured (shock, horror).
Having said that I can see that there is a difference between the PC and the
Attorney General having a chat about policy than Lord Goldsmith giving a
legal opinion - every time Lord Goldsmith speaks is that a legal opinion - I
would even think that the AG can think out loud.
Nick Landau
----- Original Message -----
From: "Kirsty Gray" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, March 15, 2006 4:10 PM
Subject: Re: [data-protection] The other Blair
> Slightly off-thread question - when & how is a conversation between the
> Attorney General and the Metropolitan Police Commissioner classed
> as 'private', as reported in the Telegraph?
>
> If Ian & Peter were chatting about how to kill greenfly on roses, or
> arranging to meet later down the pub, I can see that would be private -
> regardless of whether the call was made during office hours and using the
> office phone. In which case the domestic purposes exemption kicks in. With
> the caveat that, if your employer makes clear their policy to record /
> monitor, then your use of office phone to make / take personal calls is at
> your own risk.
>
> But would expect any conversation between them in the context of their
> function as MPC & AG on policing / legal / policy matters is
> necessarily 'official' - and on this occassion they were supposedly
> discussing use of wire-tap evidence in court (how ironic!).
>
> According to the old OFTEL guidance, businesses are not necessarily
> required to advise that they record calls - depends why - and private
> individuals only have to do so if they intend disclosing the recording to
> a
> third party (still available at
> http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.ht
> m).
>
> So if, as Sir Ian claims, he taped the call as an 'aide memoire' because
> he
> didn't have a note-taker AND he had no intention of sharing with a third
> party, then seems to me he hasn't actually done anything wrong. Recording
> for personal use is surely no different to pencil scribbles on a bit of
> paper? Reactions of government, members of PCC, press, etc. seem a bit
> over
> the top!
>
> Kirsty E Gray
> Access to Information Advisor
> Commission for Social Care Inspection
>
> Note: comments for discussion and debate only and do not necessarily
> reflect the corporate position of CSCI nor constitute legal advice.
>
>
>
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
>
> 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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|