Hi,
Many people (in fact most people) forget that consent is only one of a
number of criteria under which data can be processed. The one listed by
Renzo is the one I initially thought of.
I think the transfer was most likely fair.
Simon.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Malcolm Kendall
Sent: 11 May 2007 16:03
To: [log in to unmask]
Subject: [data-protection] Transfer of personnel records
I have been asked a question as someone knowledgeable in Data
Protection. However, as its source and the area involved are in no way
related to my organisation or sector, I'm raising it here as a general
question to see what comments list members would like to make.
Person X worked for public sector body A. The responsibilities of A are
then taken over by another public sector body B, and some staff from A
(including X) are moved to work for B on a new contract of employment. B
is quite an enlightened employer and gives all its employees (secure)
access to all their personnel files (online even!). X is somewhat
perturbed to find out that, along with their basic personal data, all
their sickness records have been transferred to B (without X having been
asked to give explicit consent). Given that this is a new contract of
employment with a different organisation, should A have passed this
sensitive data to B anyway, let alone automatically, and was B at fault
for accepting them without the subject's consent?
Any thoughts anyone?
Malcolm Kendall
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