Certainly something I would be interested in
Thanks for suggesting
Samantha Hill
Complaints & Information Disclosure Officer
University of Portsmouth
Tel: 02392 843642
>>> "Bailey, Trish" <[log in to unmask]> 09/12/2010 13:09 >>>
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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