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DATA-PROTECTION  January 2011

DATA-PROTECTION January 2011

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Subject:

Re: Andy Gray and Sky Sports

From:

Ian Welton <[log in to unmask]>

Reply-To:

Ian Welton <[log in to unmask]>

Date:

Wed, 26 Jan 2011 16:37:19 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (107 lines)

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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