Lovin' it.
....When peeps rise up all high & mighty for one particular 'concern'....
when t'coast is clear...
But then lay down prostrate.... or stand mute, or pass by on the opposite
side for t'other....
...which is often seen when hard fought for salaries, or ongoing contracts,
or training opportunities hove into view....
Nowt so queer as folk, eh? Haha.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 16 October 2013 12:14
To: [log in to unmask]
Subject: Re: [data-protection] Message from Moderators
Thanks Lawrence
You're quite right of course about maintenance of confidentiality, and the
circumstances will determine whether that applies. However, as you'll know,
for information even to be confidential it needs to have the necessary
quality of confidence and have been imparted so as to import an obligation
of confidence (ignoring for the time being the third, more uncertain, test
of detriment). Neither of those tests applies here, so for anyone to suggest
the information was confidential would be nonsense.
Jonathan Baines
Complaints and Information Rights Officer Legal and Democratic Services
Buckinghamshire County Council
01296 383681
follow us on twitter: @buckscclegal
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: Wednesday 16 October 2013 11:59
To: [log in to unmask]
Subject: Re: [data-protection] Message from Moderators
Dear All,
I am for transparency and I am for this list. However, I would like to point
out that confidentiality can still be maintained even if a lot of people
know the information. As chapter 5 of the Information Sharing Handbook
explains, p131 citing Associated newspapers Limited v HRH Prince of Wales
2006 EWCA Civ 1776, "even where confidential papers are circulated to
numerous private individuals, who are either subject to contractual duties
of confidentiality or aware of the papers are to be treated as confidential,
they may be considered to retain their confidentiality"
I agree that this may have been handled better, but then this is the age of
hyper transparency. The issue reveals the tension between and individual and
an organisation and who decides what is in the public domain. We rely upon
the judgements of those with whom we trust information to, and that may find
itself stretched as each individual decides what is in the public interest
and what should be disclosed.
I think there is room to explore the issue of who decides within their
workplace what is to be disclosed and what is to be withheld) as people act
within a number of spheres, professional, public, private, and personal. I
would also want to explore the related issue of why such a matter is deemed
twitter worthy? Are all matters best settled before the public court?
However, that may move us away from the core issues of this list.
On the wider issue, I am not surprised. I think governments often consult
publicly and privately in regard to issues and departments and teams can cut
across each other unintentionally. All this shows to me is that government
is far from a grand conspiracy, but rather people trying to coordinate
overlapping working practices and respond to their organisation all while
engaging with the public and stakeholders. We would all like it to be
seamless and efficient. Alas, life, like government, is messy at the best of
times. We muddle through and hope the historians find the golden thread that
shows our intended brilliance in hindsight.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 16 October 2013 10:34
To: [log in to unmask]
Subject: Re: [data-protection] Message from Moderators
"When using JiscMail subscribers should ensure that they have permission
from the message author before forwarding to lists in case of copyright,
sensitivity or confidentiality"
The content in the original, removed, email was copied from a document sent
by the Local Government Association, protectively marked as "unclassified".
It was distributed to more than 300 people, and expressly sought
engagement/response (it was a questionnaire). Clearly it was not sensitive,
nor was it confidential. To the extent that it was copyright it borders on
absurdity for the Cabinet Office to assert their rights to it (and I'm not
sure they have?) or for JISC to claim they were protecting those rights.
If you had restricted this explanation to "The Cabinet Office asked us to
remove the message from the archive as it was not intended for public
release at this time" - i.e. it had been distributed in error, then I don't
think anyone would have any great concerns. But to suggest as a general
requirement that subscribers "should ensure that they have permission from
the message author before forwarding to lists" would mean that the list, and
all similar lists, would grind to a halt. If we cannot imply permission to
quote content which has been freely distributed then there is no point in
continuing to use this service.
Jonathan Baines
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of JiscMail Helpline
Sent: Wednesday 16 October 2013 10:23
To: [log in to unmask]
Subject: Re: [data-protection] Message from Moderators
Just following up on the situation on Friday when JiscMail Helpline removed
a message posted to this list.
We were contacted on Friday by the Cabinet Office about the post a
subscriber made to the JiscMail list, which forwarded content which
originated from the Cabinet Office.
The archives of the DATA-PROTECTION JiscMail list are open to the public,
and as a result the content would be available in the public domain via the
list archives.
The Cabinet Office asked us to remove the message from the archive as it was
not intended for public release at this time. The message seemed to contain
government content that had been sent originally to a restricted list, and
so we decided it was appropriate to comply with the request and remove it
from the archive.
It is our normal policy to respond in this way to requests by an author to
remove content which has been posted without their consent. When using
JiscMail subscribers should ensure that they have permission from the
message author before forwarding to lists in case of copyright, sensitivity
or confidentiality.
Our webpages on copyright issues, ethics & etiquette reiterate this point:
http://www.jiscmail.ac.uk/policyandsecurity/copyrightissues.html
http://www.jiscmail.ac.uk/policyandsecurity/ethics.html
http://www.jiscmail.ac.uk/policyandsecurity/etiquette.html
We have answered a number of questions by email and directly on twitter, and
were asked to post to the list. The list owners are happy for this message
to be posted, but would prefer any follow up questions to be directed to us
at JiscMail helpline [log in to unmask] and *not* the list as we are
not subscribers.
Kind regards
Lisa
Lisa Vincent
Operations Manager
JiscMail Helpline
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands
can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Buckinghamshire County Council
Visit our Web Site : http://www.buckscc.gov.uk Buckinghamshire County
Council Email Disclaimer
This Email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this Email has been misdirected, please
notify the author or [log in to unmask] immediately. If you are not
the intended recipient you must not disclose, distribute, copy, print or
rely on any of the information contained in it or attached, and all copies
must be deleted immediately. Whilst we take reasonable steps to try to
identify any software viruses, any attachments to this Email may
nevertheless contain viruses which our anti-virus software has failed to
identify. You should therefore carry out your own anti-virus checks before
opening any documents.
Buckinghamshire County Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email.
All GCSx traffic may be subject to recording and / or monitoring in
accordance with relevant legislation.
The views expressed in this email are not necessarily those of
Buckinghamshire County Council unless explicitly stated.
This footnote also confirms that this email has been swept for content and
for the presence of computer viruses.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
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If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands
can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
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Full help Desk - please email [log in to unmask] describing your
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To receive these emails in HTML format send the command:
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________________________________
Help protect our environment by only printing this email if absolutely
necessary. The information it contains and any files transmitted with it are
confidential and are only intended for the person or organisation to whom it
is addressed. It may be unlawful for you to use, share or copy the
information, if you are not authorised to do so. If you receive this email
by mistake, please inform the person who sent it at the above address and
then delete the email from your system. Durham County Council takes
reasonable precautions to ensure that its emails are virus free. However, we
do not accept responsibility for any losses incurred as a result of viruses
we might transmit and recommend that you should use your own virus checking
procedures.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands
can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
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[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
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(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands
can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
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