Hi
I would turn it round. It's the data and not the storage medium that should be the focus. They are processing personal data for which the organisation is the data controller, under their contract of employment. They must be able to prove they comply with the Principles. What lawful basis do they have for processing information in this way? What exemption are they applying for not complying with DS rights?
She doesn't need to provide case law, they need to prove how they are complying with the law. Perhaps point them to Part 6 (offences) if you need a big stick.
Is this possibly more a question of stationery? They're annoyed that they have had to buy their own notebooks?
Victoria Blyth
Information Strategy Manager
Information Management Team
London Borough of Barnet,
2 Bristol Avenue, Colindale,
London NW9 4EW
Tel: 020 8359 2015
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Sara Smith
Sent: 14 November 2019 09:20
To: [log in to unmask]
Subject: [data-protection] Diaries and Notebooks
Dear All
A colleague of mine has the following issue and I wondered if anyone knew of any sources (ICO/case law) that she could point out to?
We have staff here who use diaries and notebooks they have purchased themselves but use for work purposes, so I have a hard copy BYOD situation.
I have been asked to provide evidence that anything they write in these notebooks, which is work related, doesn’t belong to them. We had a SAR and I had to argue that although they had bought the notebook themselves, the information they had written in it, was work related, and as such didn’t belong to them and they needed to provide a copy of it. Then we had a Request for Erasure and I had another fight to get the page to destroy it.
I am now being asked to provide evidence of what I am saying, and can't find anything.
Anyone know of anything that talks about personal notebooks used in a work setting?
Thanks
Sara
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