A key question in all of this is whether public broadcasters have privacy within the public broadcasting realm. In one sense, this could be like someone entering the big brother house and then saying that their privacy had been invaded because their comments were recorded and broadcast.
Employees, as employees, have reduced privacy rights within their employment. For example, this email is not private and I would be hard pressed to make a privacy argument if the Council were to review it and seek to review my comments against the agreed policy and procedures governing online discussion groups.
Even though someone who is miked up may think they have a private space, they are wrong. If they wanted privacy in that situation, they should have turned off the mike. Better still, they should have waited until they were out of that arena (literally) to have that conversation if they wanted to maintain privacy.
However, the issue is whether privacy and the relationship of the public and private can be clarified in such situations especially, as Ian rightly alludes, the political context for such public private demarcation is open to conjecture.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: 26 January 2011 16:37
To: [log in to unmask]
Subject: Re: [data-protection] Andy Gray and Sky Sports
Having watched the debate unfold on TV there seemed to be a number of
issues:-
1. Employee privacy in the workplace;
2. Abilities of
organisations to set the moral tone of the workplace;
3. The gendered
workplace and its power structures;
4. The ecomonic climate...
1,2 and
3 all contain facets of privacy (both individual and social)
Going by
the TV programmes which are sustained by errors made during recording
it seemed inevitable that in today's environment recordings made when
nobody thought they were would begin to emerge. A sort of reversed
Candid Camera comes to mind. Quite how ongoing developments of that
type will further affect behavioural standards and understandings of
privacy is open to conjecture.
Ian W
-----Original Message-----
From:
This list is for those interested in Data Protection issues [mailto:
[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 25
January 2011 17:26
To: [log in to unmask]
Subject: [data-
protection] Andy Gray and Sky Sports
Anyone following the twists and
turns in the Andy Gray/Sky Sports saga may wish to contribute to this
discussion.
Sky has now sacked Andy Gray for his comments about a
female referee which were made off air (when he and his colleague
thought that the mic was off) Here is the link to the full story from
the BBC:
http://news.bbc.co.uk/sport1/hi/football/9373280.stm
I am just
thinking aloud about the privacy/data protection angle here. Having
first warned Gray, today Sky sacked him it seems due to another
incident being uncovered. See quote below from the BBC story:
"However,
new footage emerged on Monday of Gray talking off-air with Sky Sports'
pitchside reporter Andy Burton about Massey.
Sky News reported that
the pair discussed Massey's appearance, with Burton referring to Massey
as "a bit of a looker" while Gray asks: "What do women know about the
offside rule?""
I have many questions in my head:
Who unearthed
this new evidence? If it was Sky (the employer) do they have a right to
broadcast it and make it available to the rest of the media. What
about privacy and the DPA? Does an employee not have a right to privacy
in respect of disciplinary allegations and evidence against him? I know
that the First Tier Tribunal in FOI cases has consistently ruled that
employees have a right to privacy in respect of such information. Is
there a difference, in DPA and privacy terms, between Sky the employer
(or service commissioner if Gray was self employed) and Sky the
broadcaster?
You can see the evidence new and old here:
http://twurl.nl/auyaaq
Would be interested to hear colleagues' views.
Regards
Ibrahim Hasan
Solicitor and Director
Act Now Training
Limited
www.actnow.org.ukwww.informationlaw.org.uk
http://twitter.com/ActNowTraining
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