In a message dated 04/09/2001 11:57:08 GMT Daylight Time,
[log in to unmask] writes:
<< I have been asked if there is a DP issue with respect to holding
next-of-kin
data on an individual's record. Clearly this is personal data (name, address
and/or phone number), but is it held without obtaining the consent of that
individual. >>
-------------
I have read the replies so far and I'm afraid I disagree with the majority.
I have always treated "emergency contact" details as a class of data (C201 if
they are family or household members, C023/024 under the old Act), or a third
party identifier rather than a description of a data subject.
In my opinion, it is easily sorted by asking the following question: "Would
the record still exist if that person's details were not included?" If the
answer is "no" then the person is a data subject, if the answer is "yes" they
are likely to be a third party or a class of data about the data subject.
Staff are not under an obligation to provide these details and so it may be
necessary in some cases to leave it to the police. Employers generally offer
the facility as a goodwill gesture and part of the caring attitude towards
their staff.
I think it generally is reasonable to assume that the data subject (employee,
parent, whatever) has gained the consent of the person before supplying the
data.
Data controllers ought to put on the forms that the data subject should
ensure they have the consent of the individual when they nominate an
emergency contact. The last answer you want when you contact a neighbour or
ex-partner to tell them someone has had an accident is "yeah, so?"
Ian Buckland
MD
Keep IT Legal Ltd
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