As to notification: we would take the guidance of the ICO as no more
than a starting point and assess each case on its merits. Far more
important is to have a proper system, criteria for inclusion, and
regular and appropriate review. I would guess that we notify client in
less than 50% of cases.
The question of making available to staff is in my view a much more
difficult one without investment. We do not at the moment make this
information available on the intranet. On the other hand we probably
make it so difficult to access, particularly cross discipline, that we
are creating unacceptable risks.
Our aim is to have a push system using data matching which will
automatically alert staff who need to know e.g. social worker marks his
social services file as having a risk - two weeks later HB officer is
arranging an appointment at same address will automatically be alerted
when he records that appointment in his HB file. It is certainly
achievable with current technology.
If that is not achievable a reasonably wide access is probably needed
despite DP worries. The solution I suggest is not to narrowly restrict
access - because of the risks - but to monitor and audit access. It
would not be difficult to spot access attempts by those who have no need
to know in most cases
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 26 September 2007 12:25
To: [log in to unmask]
Subject: Re: [data-protection] Vexatious and Violent ...
Yes Nick the guidance states that it should be considered on a case by
case basis although the old guidance stated that you had to inform and I
must admit this Council did not agree with that.
I think if there is an incident where someone uses bad language then we
may send a letter but if it was a violent incident then this could
prejudice any other officer's safety as it would only antagonise the
person further.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 26 September 2007 12:22
To: [log in to unmask]
Subject: Re: Vexatious and Violent ...
"providing the individual was told how the information would be used".
If we are talking about the Violence at Work Register I don't wish to be
flippant but at what point would the "violent" person be told that their
name was being recorded.
The phrasing used above sounds as though the Helpdesk person was using
standard jargon regarding any DP request rather than considering that
there were people here (staff) whose safety might be put at risk by
conveying the information.
I recall when consulting a couple of years ago in a Primary Care Trust
on Information Sharing Policy. A community dentist was concerned, for
instance, that where a patient had in his notes that he could react
aggressively when uncomfortable dental treatment was given and that he
was to be referred to hospital that the draft Policy indicated that the
patient should be shown his notes which were to be sent to the hospital
which would include this.
He was concerned that the patient might react aggressively to see that
written in their notes. He was representing staff and he was concerned
that he and his colleagues might be put at risk by such an approach.
Nick Landau
www.numbers-game.co.uk
----- Original Message -----
From: "Leesons Jackie" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 26, 2007 12:06 PM
Subject: Re: [data-protection] Vexatious and Violent ...
The reason for posting this message was that I was surprised by the
advice I received. The Helpline adviser, no names, no pack drill, said
that providing the individual was told how the information would be
used, it was factually correct and the information was reviewed on a
regular basis, there were no issues with all staff having access.
Jackie
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 26 September 2007 11:50
To: [log in to unmask]
Subject: Re: [data-protection] Vexatious and Violent ...
I agree Brenda and living in such a rural area as I do then I think that
by putting this on the Intranet would be a step too far as everyone
knows someone in this area. Yes, agreed - need to know basis.
Who gave this advice at the ICO's office? I really don't believe they
have looked at the issues here.
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Scourfield, Brenda
Sent: 26 September 2007 11:04
To: [log in to unmask]
Subject: Re: Vexatious and Violent ...
Regarding the Violence at Work Register I would have thought that only
staff that may have cause to visit one of these people/addresses should
have access. Maybe access could be controlled to limit who could view
the
register. I never have the need to visit nor come into contact with
the
public through my job, only staff, so why do I need to see it ?
Maybe a register of violent staff would help me though :-)
Brenda
Brenda Scourfield
Team Leader,
I.T.
Pembrokeshire County Council,
County Hall,
Haverfordwest.
SA61 1TP
01437 775380
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jackie Leesons
Sent: 26 September 2007 10:55
To: [log in to unmask]
Subject: [data-protection] Vexatious and Violent ...
Our complaints team are considering circulating a list of
persistent/vexatious complainants via the council's Intranet which would
mean that all staff would have access to the information, i.e. name and
address of complainant, comments relating to reasons for inclusion and
named officer for referral.
I contacted the ICO's Helpline and was told that it would be acceptable
to put this on the Intranet. I then asked if this would be the case for
the Violence at Work register, containing similar information but in
relation to individuals who pose a threat to staff and was advised that
this too would be acceptable. The ICO's latest guidance on the use of
violent warning markers cites the schedule 2 condition as legal
obligation and the schedule 3 condition as employer's legal duty.
Do other authorities post the violence at work register on the Intranet
where all staff have access? I would be interested in views on the
latest guidance and the interpretation of the conditions.
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