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DATA-PROTECTION  October 2011

DATA-PROTECTION October 2011

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Subject:

Re: Disclosure of personal data isn't data sharing

From:

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

Reply-To:

Bailey, Trish

Date:

Tue, 25 Oct 2011 12:01:07 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (257 lines)

Of course, I might add this is where I feel we can get too hung up on terminology (which i tend to shy aware from).  In the legal (criminal court case) environment effectively the prosecution and the defence share information (two-way process).  However, when they refer to this "sharing" they always use the terminology " disclosure to the defence / prosecutors' office" - 



"Your honour, the prosecution has failed to disclose that piece of information" - recess please!! My lord.



Just a bit fun!!!





Many thanks 

Trish 

Trish-louise Bailey

Audit & Assurance (Information Governance & Data Protection Officer)

(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



Please note Audit & Assurance will be administering all new FOI/DPA/EIR requests received from 3 October 2011 onwards.  Please continue to use [log in to unmask] for all requests





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

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

Sent: 24 October 2011 12:49

To: [log in to unmask]

Subject: Re: Disclosure of personal data isn't data sharing



Whilst I agree in the main with what is being suggested, let's look at it in

more simplistic terms (and terms probably better understood by your average

Daily Mirror reader).



Johnny has a bag of 10 sweets. His mother says he must share. He gives Emily

4 sweets and keeps six. He has shared. The sharing is one way. He is then

told to be fair so gives Emily a further sweet.



My own view would be that it is disclosure if it is a release of data for a

single use (or maybe a single issue of data). If it is data provided one way

on a regular or semi regular basis, then that is data sharing. I do not

believe that sharing implies a two way trade - Maybe that would be bartering

information?! 



Maybe the legal bods amongst us can point us to a legal definition of

"disclosure" that will allow us to separate that from sharing. I suspect

that they can co-exist.



A data sharing protocol one way is perfectly valid as it should highlight

what is required of each party. What I object to is a protocol that is

lengthy. A protocol should be able to written in a couple of sides of A4 in

my opinion - although I must admit to being guilty of verbosity too.





Simon Howarth.



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

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

[mailto:[log in to unmask]] On Behalf Of Gibson, Martin (ICT)

Sent: 24 October 2011 12:35

To: [log in to unmask]

Subject: Re: [data-protection] Disclosure of personal data isn't data

sharing



Hi Paul,



I would agree entirely. It confuses the issue. I have seen some alleged data

sharing protocols which are all one way i.e. disclosure by one party only.

Data sharing to me indicates a two way (at least) process.



Martin

Martin Gibson

Data Protection Officer 

Legal and Democratic  Services 

Buckinghamshire County Council

01296 382907

www.buckscc.gov.uk





 



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

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

[mailto:[log in to unmask]] On Behalf Of Paul Ticher

Sent: Monday 24 October 2011 12:30

To: [log in to unmask]

Subject: [data-protection] Disclosure of personal data isn't data sharing



Is it just me, or do others think that the Information Commissioner

shouldn't describe the one-off disclosure of data, e.g. under s.29, as data

sharing?  I find that it confuses the issue, because the basis for sharing

and the basis for disclosure are usually quite different, and the processes

of authorising the disclosure or the sharing are also usually different: a

protocol for sharing, and authorisation procedure for disclosure.



[Prompted by Chris's reference below, but I've been worrying about this for

some time.]





Paul Ticher

0116 273 8191

www.paulticher.com

22 Stoughton Drive North, Leicester LE5 5UB





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

From: "chris pounder" <[log in to unmask]>

To: <[log in to unmask]>

Sent: Wednesday, October 19, 2011 1:28 PM

Subject: Re: Disclosure of personal data in relation to possible credit card



fraud





> The test is that you have to be satisfied that failure to disclose would

> prejudice prevention/detection of crime.

>

>

>

> If they are saying that "prejudice is possible", I am not sure whether 

> that

> is enough. You might have to get them to "firm up" - so to speak.

>

>

>

> You could say that if they contact the police, you would disclose to the

> police.

>

>

>

> Also, see the ICO's data sharing code of practice. This is relevant if you

> decide to disclose.

>

>

>

> You are not obliged to disclose.

>

>

>

> I think these are the issues.

>

>

>

> C



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