I had thought that the business contact details of an individual are not
considered to be personal data. I remember looking into this a while
ago, but I can't for the life of me remember the answer. I know it is
specifically excluded in Canada (my retention levels are higher for
useless information), but as for the situation in the UK, I'd have to
replicate my previous research.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 23 March 2005 09:57
To: [log in to unmask]
Subject: Re: [data-protection] Passing on official details
It seems to me that one needs to look at three things here. One is
"Fairness" and the other is "Privilege". One also needs to look at the
status of the person passing the personal data.
In a grievance case it is meet and right for the aggrieved party to be
able to prepare that case, with relevant people's witness details being
passed to the "person" who is assisting with that preparation. Those
people do have a total right to privacy and it would be a natural
expectation that their details would not be passed further except in the
preparation of the grievance. It is thus fair to pass their details on.
If the party to whom the data is passed can be determined to have some
form of privileged status in this transaction one can be "assured" of
the further privacy of the data.
If the person who is pursuing the grievance as the aggrieved party is
simply an individual himself or herself the I feel this already falls
outside the scope of the DPA. It is not a business passing that data
but an individual.
There is a human requirement for courtesy, but not a legal one for
confidentiality.
Unless, of course, the list knows differently :)
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP http://www.marketingimprovement.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Turner8
Sent: 23 March 2005 08:53
To: [log in to unmask]
Subject: [data-protection] Passing on official details
Importance: High
An interesting question which I need to advise on today, so any ideas
would be appreciated ASAP!
We have a grievance case running at the moment. The individual concerned
has been in contact with various people within the organisation
regarding the case (HR Advisor, Welfare Officer, Line Manager, etc). The
individual has passed the names, contact numbers and email addresses of
these people to an external organisation who he is consulting.
Do the people affected have an expectation of privacy. Should he have
got permission from them to do this?
Or are contact details in their professional capacity "fair game" to be
passed on to anybody?
Your input is appreciated!
Stewart
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