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So anyone can complain then!!! c -----Original Message----- From: [log in to unmask] Sent: 12 October 2000 12:33 To: Pounder Chris Cc: [log in to unmask] Subject: RE: FW: Confidential Mental Health recs All Have spoken to Rob Meakin, ODPC.: At present there is no Policy in place to go out and search for breaches - basically wait for complaint. The DPC does have powers to enforce the law in relation to breaches but again, financial probs are the issue and this is rarely done. The costs of taking these actions to Court have to be balanced with other issues and therefore from my conversation, I believe nothing is done although the DPC may be contacted by journalists to comment and that is the only way they usually deal with it. As with the Banks breaching the Act on the Internet - these are technical issues which they themselves know they have to resolve as they will lose customers. Rob agreed with my view and he does understand our frustration so if you haven't signed up to "Back the Act" do so now. Doreen Broom Data Administrator Scottish Borders Council Council HQ Newtown St.Boswells Melrose Borders TD6 0SA Tel: 01835 824000 (Ext 5444) > -----Original Message----- > From: [log in to unmask] [SMTP:[log in to unmask]] > Sent: 12 October 2000 12:28 > To: [log in to unmask] > Subject: RE: FW: Confidential Mental Health recs > > no - it depends whether she picks them up > You could draw it to her attention? > > C > > -----Original Message----- > From: [log in to unmask] > Sent: 12 October 2000 11:26 > To: Pounder Chris > Cc: [log in to unmask] > Subject: RE: FW: Confidential Mental Health recs > > > Do I assume then from this that all the breaches which have occurred > recently are being dealt with by the Commissioner? > > > -----Original Message----- > > From: [log in to unmask] [SMTP:[log in to unmask]] > > Sent: 12 October 2000 12:19 > > To: [log in to unmask]; [log in to unmask]; > > [log in to unmask] > > Subject: RE: FW: Confidential Mental Health recs > > > I do not agree. The Commissioner can enforce the Act without waiting > for > a > > > complaint from the Data Subject. > > > C > > > -----Original Message----- > > From: [log in to unmask] > Sent: 11 October 2000 13:25 > > To: [log in to unmask]; [log in to unmask] > > Subject: Re: FW: Confidential Mental Health recs > > > > The problem as I understand it is that nothing can happen unless the > > > individual concerned makes a complaint. The DPC cannot initiate action > > otherwise. It is not just more resources that the DPC needs but greater > > powers. > > > Leif > > >>> "Broom, Doreen" <[log in to unmask]> 10/11 12:53 pm >>> > > > > > -----Original Message----- > > > From: Broom, Doreen > Sent: 11 October 2000 12:11 > > > To: [log in to unmask] > Subject: Confidential > Mental > > Health > recs > > > > All > > > Did you see the news article yesterday regarding files containing > > > sensitive details of 26 patients that had been found on the roadside > by > > a > > > former special constable. There were details about the patients' > mental > > > health, intimate and personal details etc. These had been returned to > > the > > > trust concerned who had called in the Police to investigate. > > > > My query is, surely this is a very serious breach of the seventh > Data > > > Protection Principle although understandably the files may have been > > > stolen but to have been found on a verge - how many other people have > > seen > > > the files and how long have they been missing for? If you were the > > > patient would you not like to be informed that your details had been > > found > > > in this way as it may not only contain details about you but > relatives, > > > friends etc. > > > > As a DPO I am gradually becoming disillusioned with these breaches > and > > > breaches by major companies as nothing seems to be being done (even > > though > > > silicon.com have raised the campaign - "Back the Act") the breaches > > still > > > continue and to some extent in my drive to raise awareness in my > Council > > > sometimes I think people do not take it seriously. I understand that > > the > > > DPC's Office do not have the funds to be able to deal with all the > > > complaints being received but if major companies are being "let off > the > > > hook" how do we promote Data Protection. > > > > Anyone any views on this? > > > > Doreen Broom > > > Data Administrator > > > Scottish Borders Council > > > Newtown StBoswells > > > Melrose > > > Borders TD6 0SA > > > > ________________________________________________________________ > > > This e-mail is privileged, confidential and subject to copyright. > > Any unauthorised use or disclosure of its contents is prohibited. > > The views expressed in this communication may not necessarily > > be the views held by the Scottish Borders Council. > > _________________________________________________________________ > > > > > > ******************** E-mail confidentiality notice > ******************** > > > This message is intended for the addressee only. 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The views expressed in this communication may not necessarily be the views held by the Scottish Borders Council. _________________________________________________________________ ******************** E-mail confidentiality notice ******************** This message is intended for the addressee only. It is private, confidential and may be covered by legal professional privilege or other legal or attorney/client privilege. If you have received this message in error, please notify us and remove it from your system. If you require assistance, please contact our London office (telephone +44 (0) 20 7490 4000). Masons is an international law firm with offices in London, Bristol, Edinburgh, Glasgow, Leeds, Manchester, Brussels, Dublin, Hong Kong, Guangzhou and Singapore. Further information about the firm and a list of partners is available for inspection at 30 Aylesbury Street, London EC1R OER or from our Web site at www.masons.com *********************************************************************** %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%