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Hear, Hear Spot on Tim

DPA legislation due to its subtleties is used as an easy scapegoat for those
who have not bothered to study it. Undermines the skills of those that have.

David Wyatt

----- Original Message -----
From: "Turner,Tim (Corporate Resources)" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, December 23, 2003 11:56 AM
Subject: Re: [data-protection] FW: [data-protection] BBC E-mail: Couple with
no gas found dead


I take your point, the Act is not a useful tool. My problem is the apparent
dishonesty of the remark "we didn't tell because of Data Protection". It's
my personal belief that the true answer might well have been "we couldn't be
bothered". But it's easier to blame DP than to say such things to a coroner
and the assembled media. If utilities don't have a responsibility to their
punters, then why do British Gas feel the need to shift the blame? The cat's
out of the bag a little, in the sense that they say they used to share data,
and would be doing it now it wasn't for that nasty DPA....

As a Data Protection officer, it's my job to convince people (largely
successfully) to follow the principles and not mishandle personal
information. The more people use DP as their figleaf for inappropriate
action or inaction, the harder it is to convince my people that DP has some
validity, and it is something they should think about. Hence my reaction.
Every bit of random, unconvincing "it's the DP Act's fault" claim just makes
the job that little bit harder than it is already.

> -----Original Message-----
> From: This list is for those interested in Data Protection issues
[SMTP:[log in to unmask]] On Behalf Of Charles Christacopoulos
> Sent: Tuesday, December 23, 2003 11:43 AM
> To:   [log in to unmask]
> Subject:      Re: [data-protection] FW: [data-protection] BBC E-mail:
Couple with no gas found dead
>
> ** Reply to note from "Turner,Tim (Corporate Resources)"
<[log in to unmask]>         Tue, 23 Dec 2003 11:01:51 -0000
>
>
> > "Mish Tullar, a spokesman for British Gas, said that the company had
routinely
> > informed social services of disconnections until 10 years ago but had
been
> > advised that this was against the law once the act came in."
> > What makes this sound dodgy is that 10 years ago, to my knowledge,
nothing
> > happened. The 1984 Act was in, the 1998 Act had not even been
contemplated. So
> > what stopped them? Furthermore, it also implies that British Gas is an
> > organisation which acts routinely and without consideration of the
> > circumstances. In other words, if they could have started with the wrong
> > decision about what to do with people's information, then incorporate it
into
> > their procedures and do it to everyone.
>
> Hi Tim, This is not a reaction to your comments.  More of a general
reaction.
>
> I am really puzzled by all this.
>
> OK data protection is used as an excuse.  But since when did *privatised*
utility
> companies have such a duty of care?  I can see the moral grounds of why it
> would be *nice* if they did.  But the same could be said if pensioners had
> higher pensions so they could afford to get their essentials and why not,
more
> than what some Whitehall accountants would define as essentials.  Why
> doesn't anyone blame the state, the goverment, the selfish economics?
>
> Do utility companies have in their databases date of birth for the
occupants and
> therefore they can assume the occupants are at risk?  Even if they did
have a
> DoB what assumptions can be made from it?  If someone is eg. 25 years old
is
> not at risk but someone at XX is at risk.  What if the 25 year old is a
single
> mother/father with an infant?  Perhaps the answer is that gas should not
be cut
> off (the USSR tried it and failed).
>
> I seem to remember when discussions on this list were saying that
allegations
> unless proven should not stay in someone's personnel file ... ditto for
what was
> his name ... TV person who was accused of rape etc.  Then two girls get
killed
> by a weirdo and it all goes the other way round.  On the basis of present
> emotions I can see everyone on the list asking for national ID cards next.
>
> The problem is we (listers) and the accused (Gas, police, and whoever
next)
> are trying to make much more mileage out of the Act than it was ever
intended>
> to provide.  The Act really sux, but it is OK if all you do is needing to
trade with
> another company somewhere else in Europe.  If the Act wanted, it could
have
> been much clearer and more prescriptive but it isn't.
>
> Rant over.
> I am ducking, flame wars may start :-)
> Charles
>
>
>
> ==============================================
> Charles Christacopoulos, Management Information Officer,
> Planning & Information, University of Dundee, Dundee, DD1 4HN,
> Scotland, United Kingdom. Tel: 44(0)1382-344891. Fax: 44(0)1382-348845.
> http://www.somis.dundee.ac.uk/
>
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