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DATA-PROTECTION  December 2010

DATA-PROTECTION December 2010

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Subject:

Re: Privacy: A chance for a list seminar in the new year?

From:

"Bailey, Trish" <[log in to unmask]>

Reply-To:

Bailey, Trish

Date:

Thu, 9 Dec 2010 13:09:37 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (359 lines)

Me too. Great idea





Many thanks

Trish

Trish-louise Bailey

Audit & Assurance (Information Governance)

(IG covers:  Data Protection & Privacy, FOI, Information Security, Information Sharing & Confidentiality, Information & Records Management, Information Quality & Assurance)

Telford & Wrekin Council

Civic Offices

Coach Central

Telford

TF3 4HD

www.telford.gov.uk



em:   [log in to unmask] or [log in to unmask]

tel:    01952 382537

mb:   07528 969455





-----Original Message-----

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paula Tighe

Sent: 09 December 2010 12:38

To: [log in to unmask]

Subject: Re: Privacy: A chance for a list seminar in the new year?



I second Jonathan's view, very good suggestion certainly interested.



Paula Tighe

Data Protection Compliance Manager





-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan

Sent: 09 December 2010 10:52

To: [log in to unmask]

Subject: Re: [data-protection] Privacy: A chance for a list seminar in

the new year?



Certainly interested Lawrence - thanks for suggesting it.



Jonathan



Jonathan Baines

Legal and Democratic Services

Buckinghamshire County Council

tel: 01296 383681







-----Original Message-----

From: Lawrence Serewicz [mailto:[log in to unmask]]

Sent: Thursday 09 December 2010 10:32

To: Baines, Jonathan; [log in to unmask]

Subject: Privacy: A chance for a list seminar in the new year?



Dear All,



One of the benefits of this list is the wide range of experts and their

ability to draw on a wealth and depth of knowledge that enriches us all.



I was wondering if we, as a list, may have a specific debate (Seminar)

about privacy rights and its developments.  For example, if a couple of

the more knowledgeable members are wiling to put forward a short (say

300 word) discussion report, especially if you are working on it in your

off list work. Then we could all discuss.



I understand that this moves us away from some of the central reasons

for the list so I am just floating it as an idea.  The reason for this

is that privacy and privacy rights (especially in the UK) are an

increasingly important element of information rights especially through

the courts.



For practitioners, the development of privacy rights and decisions based

around it by high courts and tribunals will have an immediate impact on

how we undertake our work.  While I try to remain aware of the

developments in the field, the reference to the decision relating to the

Police and the hunt strategy meeting caught me by surprise.



Is this something that the list is interested in pursuing?  Perhaps we

could arrange for something in late January if people on the list are

interested.



Let me know what you think.



Best,



Lawrence



Principal Information Management Officer Durham County Council Room

4/140 County Hall County Durham

DH1 5UF



0191-372-8371











-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan

Sent: 09 December 2010 10:18

To: [log in to unmask]

Subject: Re: [data-protection] Section 47



Hi Simon



We've gone a long way off the main subject. If anyone wants a discussion

about the development of privacy in English law I'd be very happy to do

so off list, or elsewhere. Although for starters reference should be had

to the writings of academics such as Gavin Phillipson and Helen Fenwick.



Just to clarify. I am not saying that a) there is a specific "Right to

Privacy" recognised in English law (there are, however, privacy rights

created by a combination of some or all of, or interaction between, DPA,

HRA, common law duty of confidence, the developing tort of misuse of

private information and others) b) that one's privacy rights when

performing a professional role are the same as one's privacy rights when

NOT performing one's professional role.



best wishes

Jonathan



Jonathan Baines

Legal and Democratic Services

Buckinghamshire County Council

tel: 01296 383681







-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Simon Howarth

Sent: Wednesday 08 December 2010 23:03

To: [log in to unmask]

Subject: Re: [data-protection] Section 47



I think we need to remember here, that (if I recall correctly), there is

no automatic "right" to privacy in English Law. There is the Data

PROTECTION Act (not privacy act) and there is the common law (not

legislative) duty of confidentiality. The Human Rights Act provides a

right to respect for private and family life, this not the same as

affording privacy as I understand it.



Also, if I remember rightly, there is the case of R v Lord (I will try

and look it up). The upshot was that reports about a prisoner in

relation to their parole were deemed disclosable even though they would

identify the prison officers who wrote them. I think the judge stated

that they were given in a professional and not personal capacity and so

could not be withheld. I and my memory are willing to stand corrected on

this.



Simon Howarth



-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan

Sent: 08 December 2010 11:35

To: [log in to unmask]

Subject: Re: [data-protection] Section 47



Again, agreed, and I would stress that I was merely disagreeing with the

formulation that people who "attend in their professional capacity ...

are therefore not third parties" (and I would add that they may be

"relevant persons" according to the Modification Order, but that, again,

does not mean *by definition* that they have no privacy rights). If

anyone has concerns about my position I would refer them to my

(carefully worded) original post!



Jonathan Baines

Legal and Democratic Services

Buckinghamshire County Council

tel: 01296 383681











-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Tim Turner

Sent: Wednesday 08 December 2010 11:14

To: [log in to unmask]

Subject: Re: [data-protection] Section 47



I think there is a considerable difference between people having a

reasonable expectation of privacy for their personal business at work,

and privacy being relevant to the identity and official actions of an

employee.

The Human Rights Act doesn't give a right to privacy, but a right to

respect for home life, family and so on. So my employer listening into

my calls to my girlfriend raises significant privacy implications - my

employer identifying me as the chair of the Records Management meeting I

just attended does not.



The Hunt issue is a good example - a person may be disproportionately

affected, both in and out of work, by getting involved in a contentious

work-related issue. But I don't see that as privacy so much as the

fairness aspects of DP, or just health and safety. In an FOI world, we

should generally approach our work with the expectation that we will be

publicly associated with it and accountable for it, unless there are

specific reasons not to.



Tim Turner



Information Governance Manager

NHS Manchester

1st floor

Parkway 3

Parkway Business Centre

Princess Road

Manchester, M14 7LU



[log in to unmask]

DDI: 0161 765 4174



Please note I only work on Tuesdays and one other day each week, so a

response may be delayed.

<snip>



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