For a public authority to rely on legitimate interests for something extending beyond May 2018 seems unwise...
Donald
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Anjeli Bajaj
Sent: 17 November 2016 14:52
To: [log in to unmask]
Subject: Re: [data-protection] Hazard Warning Markers
Dear Lindsay ,
You could argue this is fair and lawful processing under legitimate interests and further the vital interests exemption for processing the data ( satisfying sch2 ( 4 & 6) sch 3 (3) of your staff and customers but on a need to know/restricted access basis only .
Legitimate interests - duty of care owed to members of the public and staff
The Processing is necessary to protect the vital interests of the data subject or another person ( protection from harm )
BW
Anjeli
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lindsay Foody
Sent: 17 November 2016 13:58
To: [log in to unmask]
Subject: [data-protection] Hazard Warning Markers
We have had a request to include in the hazard warning system a record re an individual who had physically assaulted a member of the public and is serving a prison sentence for this. My view is that whilst the individual is in prison, they do not present a hazard to our staff and therefore is it inappropriate to do this.
Colleagues are arguing that staff will need to be aware for when the individual is released and we will not know when that it. My view on that is that (a) they may not return to the same address and (b) they may no longer be a threat to anyone (and had not as far as I am aware threatened staff anyway).
Colleagues acknowledge this but continue to argue that the individual is violent and likely to have council staff involvement in future and have suggested including an entry saying “[name] has been found guilty of XXXX. [Name] has been sentenced to prison on XXXX for XXXX years. But if [name] is suspected of being at the property then the advice is XXXX” - this way the data would be accurate and up to date and make staff aware of the danger that could resurface at any point.
Any thoughts?
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