I agree that we cannot really use the Photo ID as
Thanks Lawrence
I agree that we cannot really use the Photo ID as a comparative. The
security issues there are strong enough to override lack of consent -
besides which we simply deny access to the building and they cannot work
!
These purposes are much softer.
At least one of the objectors is someone who, in effect, will object to
anything which is not in his /her JD on the us + them principle. Whilst
we could never prove it we believe the objection is simply intended to
be obstructive to any management initiative - not because of genuine
damage or distress.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Mae Cyhoeddi Cynnar yn Codi Canfod Cadarnhaol
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: Lawrence Serewicz [mailto:[log in to unmask]]
Sent: 15 December 2009 15:26
To: Bradshaw, Phillip; [log in to unmask]
Subject: RE: [data-protection] Photos of Staff - Reasonable Work
Instruction
Phil,
I would suggest that lack of consent, within this context, is not
decisive. However, I am assuming that staff have their individual
photo id cards so they have consented to having photos taken. I realize
that is a stretch between a staff id card and an photo on the intranet.
However, you may wish to find out why the people do not want to have
their photos put on the intranet. If they are in security positions or
audit positions, then there may be a case that revealing their identity
in this manner may be a concern. I know that benefit fraud
investigators are leery of having their photo or personal information
widely circulated because of the possible retribution or it inhibits
their ability to do the job.
If you rely upon Condition 6, what happens if they come back with s.10
to stop you processing their information in this manner?
Best,
Lawrence
Lawrence W. Serewicz
Principal Information Management Officer Durham County Council
Rivergreen Centre Aykley Heads County Durham
DH1 5TS
0191-370-8804
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 15 December 2009 15:14
To: [log in to unmask]
Subject: [data-protection] Photos of Staff - Reasonable Work Instruction
A Chief Officer wishes to place organisation charts on our intranet (not
internet) . The purposes are varied: team building; identification
across large teams and various locations etc. 99% staff consent. One or
two have said no.
When initially approached I advised that without consent that was the
end of the matter for those staff. On reflection I am open to persuasion
that he can call on Condition 6. His interests are legitimate and if he
does a proper PIA and determines that any adverse impact (there does not
really seem to be any
specific) is justied by the benefits, then in theory we can make a case
that there is no breach of DP principles in doing this (assuming we can
get a photo !).
So two questions on which I seek views (the second not really DP):
1. Can we in principle use Condition 6 or should we regard lack of
consent decisive.
2. In either case can we legitimately as employers give a 'reasonable
insstuction' to staff to participate such that breach may lead to
discplinary.
Clearly the answer is more likely to be yes if we can use Condition 6 !
Would it make a differnce if publishing was in a way that would only
make them available to staff in his service area - most of whom would
have contact with the persons concerned at some stage anyway.
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