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DATA-PROTECTION  December 2010

DATA-PROTECTION December 2010

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Subject:

Re: [UNCLASSIFIED] [data-protection] Privacy: A chance for a list seminar in the new year?

From:

Paul Ticher <[log in to unmask]>

Reply-To:

Paul Ticher <[log in to unmask]>

Date:

Fri, 10 Dec 2010 11:08:30 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (412 lines)

An alternative would be an online meeting/webinar.  I may be in a position 
to be able to host one within a month or two.


Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB


----- Original Message ----- 
From: "Harrison, Iain" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, December 09, 2010 5:22 PM
Subject: Re: [UNCLASSIFIED] [data-protection] Privacy: A chance for a list 
seminar in the new year?


This looks excellent. I can probably arrange a room here if the Midlands is 
a viable location.

Iain Harrison
Information Governance Officer,
Information Governance Team,
Democratic Services,
Customer & Workforce Services,
Coventry City Council
Room 21a, Lower Ground Floor,
Council House,
Earl Street
Coventry. CV1 5RR

Telephone No: 024 7683 3305
Fax No:          024 7683 3395

www.coventry.gov.uk

-----Original Message-----
From: This list is for those interested in Data Protection issues 
[mailto:[log in to unmask]] On Behalf Of Griffiths, Ian
Sent: 09 December 2010 16:07
To: [log in to unmask]
Subject: Re: [data-protection] Privacy: A chance for a list seminar in the 
new year?

Certainly going to watch this with interest.

Some logistical issues to resolve as well - like where to have it!

I'm currently wondering if I could convince my employers to let me have some 
rooms or it may be that other list members have some suggestions here as 
well.

Hope we can get something together, sounds a fantastic opportunity for all 
concerned.

Ian


-----Original Message-----
From: This list is for those interested in Data Protection issues on behalf 
of Lawrence Serewicz
Sent: Thu 09/12/2010 10:32
To: [log in to unmask]
Subject: [data-protection] 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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