How about Sch 1, Part II, Para 3(2)(b)?
Specifically - if your employee (or, I suppose, an insurance / benefits claimant, litigant or whatever) was making a claim based on a version of the truth totally at odds with what they have posted on their Facebook account.
You suspect there's a rabbit away, check said Facebook page and your suspicions are confirmed.
In such a situation, would a public authority's duty to protect the Public Purse not 'activate' this provision?
Owen
(PS - my prev post was not about this thread in general, but was aimed at a particular post that made no attempt to engage with the subject of the discussion. Apols for any confusion.
Subject:
Re: information sourced from facebook or other social media for investigations
From:
Paul Ticher <[log in to unmask]>
Reply-To:
Paul Ticher <[log in to unmask]>
Date:
Fri, 5 Dec 2014 12:41:36 -0000
Content-Type:
text/plain
Parts/Attachments:
text/plain (427 lines)
Reply
It may be possible to demonstrate both a legitimate interest in accessing
publicly available information and to demonstrate that this does not
infringe the Data Subject's rights, freedoms and legitimate interests. Even
if both of those are true, however, you still have to satisfy the
transparency requirement. This means grappling with Schedule 1, Part II s.3
(2) which - as everyone reading this will immediately recognise - is the bit
that says there are only two situations when you don't have to be
transparent: where there is a legal obligation and where it would involve
'disproportionate effort'.
Can anyone suggest how this might be applied in the case of failing to
inform an employee that you are looking at their Facebook content?
Best wishes,
Paul
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
For continuous priority support on Data Protection, sign up to my support
service:
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