No, no. If you want them to give their names you can make it a requirement
of their work performance. Technically you might even be able to argue that
a person giving their own name is doing it from memory, and therefore that
it isn't personal data (because data has to be recorded); but let's assume
that it is personal data.
They are acting as your agents. Therefore anything they do, they are doing
on your behalf. Therefore if they give out their own name, it is in fact
the Data Controller which is giving it out, and the Data Controller which is
responsible for compliance.
This disclosure has to comply with the Data Protection Principles. In this
case the issue is Principle 1, and specifically meeting a Schedule 2
Condition. They are trying to argue that you don't have consent, and that
they can withhold consent. However, you never need to ask for their
consent, if you are relying on meeting one of the other Conditions. If you
don't ask for consent, they can't withhold it.
You may want to argue the second Condition, that it is necessary for the
employment contract - in other words that the job cannot be done without the
disclosure. Others may have views on that. You would always be able to
argue Condition 6 - that it is in your interests and not an infringement of
theirs. In this case you would have to take their views into account: is
there a danger that people who receive bad news might take it out against
the messenger, for example? On the whole, however, they would have to make
a case that their right to privacy outweighed your right not to run a
faceless bureaucracy.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
> ----- Original Message -----
> From: "Emma Bothamley" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, November 15, 2004 5:59 PM
> Subject: Providing names in a work context
>
>
> > We seem to have a little bit of an issue arising - think it might be a
> case
> > of our DP training being too effective! Some of our call centre staff
are
> > starting to refuse to provide their surnames to customers as they say
this
> > is their personal data and they don't need to provide it (and we
shouldn't
> > force them - we're not forcing them, by the way). This is causing
> > complaints from customers who think that if call centre staff won't give
> > out their full names, is it because they are providing incorrect
> > information and don't want to be held responsible.
> >
> > I appreciate that where someone has an unusual surname, a specific
> > individual can be identified from the information and therefore this is
> > technically covered by the DPA. But . . . surely in a work
> environment,
> > there must be a reasonable expectation from the employee that their name
> > may be provided in a work context and that anonymity cannot be
guaranteed.
> > I just can't see how anonymity would be a practical option.
> >
> > Any thoughts on this one? Any help on the best way to tackle this would
> be
> > most appreciated.
> >
> > Thanks in advance,
> > Emma
> >
> >
> > Emma Bothamley
> > Data Protection Consultant
> >
> > 01733 471226
> >
> >
> > UKLS Financial Services Ltd No. 3715118, NPI Ltd No. 3725037, National
> > Provident Life Ltd No. 3641947, NPI Investment Managers Ltd No. 0962757,
> > NPI Portfolio Managers Ltd No. 2238069, London Life Ltd No. 1179800,
> > London Life Linked Assurances Ltd No. 1396188, Pearl Assurance plc No.
> > 1419, Pearl Assurance (Unit Funds) Ltd No. 1027138, Pearl Assurance
> > (Unit Linked Pensions) Ltd No. 1122485, Pearl Unit Trusts Ltd No.
> > 958262, Pearl ISA Ltd No. 3597973 are the companies that make up
> > the HHG Life Services Marketing Group and are authorised and regulated
> > by the Financial Services Authority for pensions, investments and life
> > assurance. Pearl GI Ltd No. 2587380 is a member of the General Insurance
> > Standards Council. UKLS Financial Services Ltd is registered with the
> > Mortgage Board. All companies are registered in England at The Pearl
> > Centre, Lynch Wood, Peterborough PE2 6FY. Tel. 01733 470470. We may
> > record or monitor telephone calls to improve service and protect
> > customers.
> >
> > The information in this e-mail is confidential and may be legally
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use.
> >
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