Hmm, so could we say that the DC should be investigating (investigated?) on whether they breached principles 1 and 6, as the man is a representative of the DC and only knows the info from his work for the DC? Chatting someone up not being a fair and lawful use of their data. If the DC has appropriate policies and training they may not be at fault, but I'd agree that I'd expect disciplinary action!
In response to Lawrence, I also think it important to note that the woman didn't go straight to the press, she approached the bank and the FSO. I don't think we can't expect her to be a DP expert and know that the ICO may be relevant to her. Arguably the bank could have told her her ICO/DPA rights...
Victoria Blyth
Information Strategy Manager
Information Management Team
London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP
Tel: 020 8359 2015
please consider the environment - do you really need to print this email?
Barnet’s Information Management Policies are available on the intranet here
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 22 January 2016 14:55
To: [log in to unmask]
Subject: Re: [data-protection] Bank Clerk Sends Flirty Messages
It's not often I 'disagree' with Tim but we do need to be clear that misusing information is not, as such, an offence or even, necessarily a DP breach. Obtaining it or disclosing it may be. The personal information in my head about all sorts of people that I have gathered over the years in numerous jobs is not 'recorded' and I am neither a data controller or processor in respect of it.
As others have said we do not have full facts but on the basis of the original story there is no suggestion the chappie obtained it w/o consent. He obtained it as part of his normal work. Nor is it clear that he disclosed anything - disclosures to the subject would not count. So - far from certain that he has breached DPA and neither will his employers , save under doubtful vicarious liability, if they have all appropriate policies, procedures and training in place.
Which is not to say he has done nothing wrong. There is clear misuse (but not in DPA sense) of information and breach of professional obligations and ethics etc. Most employers would have policies covering this and most I have worked for would properly have regarded this as gross misconduct and potentially grounds for dismissal - depending on the true facts.
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