Interesting discussion developing here. If a DPO had been prosecuted by the ICO would the DPO be a fit and proper person to fill a DPO's position?
A data controller should ensure that any Data Processor employed is a fit and proper/qualified person to process personal data on their behalf.
Does that mean that the onus is on the Data Controller in both these instances to check the ICO's Annual returns to see if a prosecution has taken place? As it is sensitive data would a schedule 3 condition apply.
Regardless of the above are you aware that CRB will check anything that you send to them? Shocking? Ring there help line and see what they say.
Regards Chris Brogan
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Samantha Hill
Sent: 04 May 2006 10:30
To: [log in to unmask]
Subject: Re: Criminal Record Checks DPO's - was - RE: Criminal Record
Check of Traffic Wardens?
My understanding of the need for CRB checks is that they are carried out when people
are likely to come into contact with vulnerable people - here at the Uni we run checks on
any students and staff on our education, health and social work courses where a
working placement is involved in their degree, but would not do the same for any other
student with no cause to be interacting with vulnerable adults.
On that basis I would say that the data protection officer does not need to be CRB
checked as the role does not - or does not in my case - come into contact with the
individuals, only their personal data.
Samantha
On 4 May 2006 at 10:00, Ian Welton wrote:
A spin-off from the other thread and of interest from many
perspectives.
Given that persons exercising data protection responsibilities within
organisations have a very high level of access to personal data should
they all be required to be vetted and if so to what level?
I am speaking of the role here not the organisation or sector.
Why?
Why not?
What roles would not require vetting?
Ian W
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Samantha Hill
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University of Portsmouth
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