Kirsty’s point and the requirements of any well structured disciplinary
process are well made.
Further matters arise out of that though regarding potentially unfair
contract clauses and considerations of - if unfair contract clauses could
invalidate DP principles and protections, leaving data subjects only
recourse via the courts for the contract issues.
In those circumstances would the DPA protections and courses of action
remain or be removed? If they are removed, many styles of approach are
highly likely to utilise such methods as a means of raising barriers in the
way of data subjects protecting themselves, something which may be all too
frequently seen as an automated response to perceived difficulties.
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: 09 February 2006 14:25
> To: [log in to unmask]
> Subject: Re: Letter of complaint and DP
>
>
> Again that is the entire point of preparing for the
> disciplinary process. It may prove entirely unnecessary to
> have a hearing, and a hearing can allow an employee to go
> forward without a stain on their character or record, but the
> preparations for it concentrate the minds of the parties involved.
>
> The circumstances you state may well exist and may well be a
> 100% valid defence. If so that is a good thing. If they do
> not then the mere fact that the employer is marshalling its
> forces to investigate this formally is a good tactical step
> in defending its position.
>
> If one can ask "By what authority did you pass this personal
> data to that party?" and get a valid answer that is
> enshrined in the employer's policies and other legal
> documents that defends that passing of data then the employee
> is blameless. One may have a different argument then about
> the validity of the polices and legal terms relied on, but
> that is the employer's issue, not the employee's
>
> I can say that I do not like disciplinary processes, ether as
> an employer or as an employee, but they are sometimes
> necessary, the more so when one has to defend against a
> serious external complaint.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Kirsty Gray
> Sent: 09 February 2006 14:16
> To: [log in to unmask]
> Subject: Re: [data-protection] Letter of complaint and DP
>
> Shouldn't the employer check not only policies on (voluntary)
> disclosure of information to third parties BUT ALSO the terms
> & conditions of the tenancy, shared-ownership agreement,
> lease, freehold or whatever?
>
> There may be clause stating that non-payment of rent, ground
> rent, service charges will be reported to other interested
> parties - such as mortgage holder. This was certainly the
> case in leases for 100s of ex-council flats sold under RTB
> that I managed back in the early 90s.
>
> If recovery action was likely to result in eviction /
> repossession, we wrote to the mortgage lender offering them
> the opportunity to pay the debt to avoid action - and the
> risk of loss of their security. Up to them thereafter how
> they recovered the debt from their client.
>
> In which case, regardless of whether the warning letter to
> the tenant mentioned the dislosure or not, surely the
> employee has done nothing wrong - schedule 2 condition 6(1)
> and maybe condition 2(a) could apply depending on circumstances?
>
> Just a thought before we dispatch this hapless employee to
> the dole queue!
>
> 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.
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