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Thanks David, That does help BUT couldn't the data that we are holding be deemed to be inaccurate, as what I class as potentially violent another person may not, or am I just making things complicated. Furthermore, what makes the processing fair and legal. Is it the fact that we intend to notify the individual that their details (name, address etc.) will be stored on such a database or because the processing is necessary under sch. 2 section 6(1). What part does the HRA play in all of this if any? Under the Human Rights Act article 6 should the individual banned be given the opportunity to present their case at the review hearings in person or just in writing, and should any decision taken with a view to creating a permanent ban be done by an independent person. Regards Nicola Peters -----Original Message----- From: David Fleming [mailto:[log in to unmask]] Sent: 21 November 2000 17:12 To: [log in to unmask] Subject: RE: PVP markers database Nicola, Your first paragraph gives you the clue. If.... the Council has a policy of banning people in certain defined circumstances, then they would have to have fair and legal reasons If then,.....have a database with these individuals, it must only contain the facts of the ban, and the reasons stated by the Council, or one of its officials, acting on Council instructions. As I understand it, just because you don't like data against your name, you can object, but you cannot insist on its removal if it is fair and legal. As I read it, you could even have a person on the database, who had come to your notice, but who had not actually been banned because of lack of evidence, provided the data was collected fairly and legally. It is when one gets into unsubstantiated judgements that one runs foul of a number of laws, not just the DP Act.. Hope this helps. With kind regards David Fleming Senior Security Consultant Security Design International Ltd 4.2 Intec Business Park Wade Road Basingstoke RG214 8NE tel: 01256 867500 mobile: 07733 361 755 At 16:14 21/11/00 +0000, Nicola Peters wrote: >I have had some thoughts on this subject along with some others within the >Council. We are currently looking at including in that database people >banned from Council premises and the legality of implementing a permanent >ban on violent and disruptive individuals. > >Wouldn't there be some risk involved in labeling people as "potentially" >violent, as there is stigma attached to such a label which could prove >harmful to that individual. How do you intend to handle subject access >requests and a person demanding that they are removed from your database as >you are holding in accurate data about them as they have never been violent. > >Nicola peters. > > >-----Original Message----- >From: Data Protection Officer [mailto:[log in to unmask]] >Sent: 21 November 2000 12:24 >To: MailBase (E-mail) >Subject: PVP markers database > > >Has anyone any thoughts on a restricted access database with the details of >all potentially violent persons listed? > >This could then be used to review the persons on the list, date the records, >maybe only be updated by certain managers, but available to all persons who >may need to interview or visit individuals. > >Fiona Campbell >IT Services > > >_____________________________________________________________________ >This message has been checked for all known viruses by Star Internet >delivered >through the MessageLabs Virus Control Centre. For further information visit >http://www.star.net.uk/stats.asp > > >********************************************************************** >Important: >This e-mail is intended for the above named person only and should be >treated as confidential. If this has come to you in error you should take >no action based on it, nor should you copy or show it to anyone; >please telephone us immediately. >********************************************************************** ********************************************************************** Important: This e-mail is intended for the above named person only and should be treated as confidential. If this has come to you in error you should take no action based on it, nor should you copy or show it to anyone; please telephone us immediately. ********************************************************************** %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%