In a message dated 10/11/2001 01:52:02 GMT Standard Time,
[log in to unmask] writes:
<< I used the term 'Informed consent' due to the defintion the OIC used in
Section 1.6 of their Intro to DPA 98 (now replaced with the new Legal
Guide) - any freely given specific and informed indication of his wishes by
which the data subject signifies his agreement to personal data relating to
him being processed. Must check the new Legal guide to see if text changed
here. >>
-------
Dave
The word "informed" is the important bit here, in my opinion. If the
personnel dept just asked for reasons for absence, without explaining the
purposes, uses, disclosures, the consent would not be "informed".
An example I came across recently was an absence form that staff are required
to complete on their return from illness. The form states that it is not
enough to put "feeling unwell or sick." A woman put down that she was
"recovering from an operation" with no further details. She was interviewed
and told that she was required as part of her contract to tell them the
nature of the operation.
She needed her job so she eventually let them know she'd had an abortion.
The details were then added to her file which could be seen by all personnel
staff, not just those who were involved in staff welfare. She also received
a call about the issue from Occy Health, an external organisation under
contract.
There is no wonder, looking at cases like this, that explicit consent is
needed after each and every illness, not just at the time of recruitment.
You certainly couldn't foresee this sort of thing when you first sign your
contract!
Ian Buckland
MD
Keep IT Legal Ltd
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