My experience as having worked in a number of organisations as a volunteer
is that the recruitment and retention of volunteers is considered no
differently from paid staff.

The legal framework is such that they have to - and also the organisation
considers that they have a responsibility to the volunteer in terms of
training - it is recognised that the volunteer is often considering a career
in that area.

In my own experience the person recruiting volunteers in an organisation
will be professional of the organisation - maybe a social worker - and will
be fully conversant with any risk matters (no doubt, in partnership with
colleagues).

Unfortunately, in some cases, this has meant that elderly volunteers who
have been working a long while in an organisation have had to be removed
from certain duties and (without knowing the full facts) because of, for
instance, Health and Safety reasons. The organisation has a duty of care to
the volunteer as well as the client/patient etc.

If a volunteer abuses the trust that has been given to them they obviously
can be asked to leave the organisation without the legal constraints that
would apply to an employee.

I would have thought that this might depend on the particular infringement
and that a volunteer is entitled to a warning in the same way that an
employee is.

I presume that references might be taken for volunteers and in serious cases
I would suggest that referees might be written to.

Nick Landau

----- Original Message ----- 
From: "Ian Welton" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, May 19, 2006 10:29 AM
Subject: Re: [data-protection] Status of volunteer staff


> Tim Trent on 18 May 2006 at 16:59 said:-
>
>> I still disagree with the concept of a different penalty or
>> treatment of staff.  But I think you are now past the point
>> of the problem.
>
> Because the point appears to have been missed.
>
> I observe that a course of conduct carried out by a person with many years
> of experience with an organisation or sector can generally be looked upon
> differently than the same course of conduct carried out by a person new to
> the organisation and unfamiliar with many things.
>
> One very real problem allied to an inherent issue contained in this
> discussion which can illuminate some relational factors there is that
> breaches of varying degrees of seriousness will take place, so one 
> reaction
> for all degrees of breach is unlikely to be fitting.
> If a person makes a mistake because of poor training or memory, should 
> they
> be fired or are they less likely to make that error again and hence be 
> more
> valuable to the organisation as a result? In an allied way in IT security,
> good practice guidance states a person who reports a security breach 
> should
> not be treated harshly; otherwise security breaches will go unreported. 
> (The
> opposite of that is if you wish an organisations IT security to merely 
> look
> good, be seen to harshly punish all reported security weaknesses in some 
> way
> and fewer weaknesses will be reported.)
>
>>We are not, surely, the judge, jury and executioner?
>
> As you state DPO's are not, as they should give clear advice straight down
> the line of the act and the relevant guidance leaving people to make their
> own choices within the parameters of the guidance provided. If a
> determination to move outside that guidance is made, provided the guidance
> has been clearly given the decision maker must accept any consequences.
> Unfortunately any DPO and others can be inexorably caught within those
> consequences if they are aware a breach is taking place or have failed to
> create adequate protection.
>
> In my opinion the simplest and most effective way of attempting to meet 
> all
> the requirements and deal with various influencing factors is to link any
> policy directly into an organisations terms of employment and disciplinary
> procedures. In that way professionals who have looked closely at all the
> known HR issues, considering and reviewing them regularly will provide a
> more robust and appropriate training and disciplinary background fitting 
> for
> the organisation than a variety of individual policies containing similar
> issues which will constantly require revision to match other 
> organisational
> policy changes. Getting those individuals to understand DP issues and the
> risk to an organisation so as to take them seriously may be another thing.
>
>
> Ian
>
> 

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