I think it all falls over right from the start under the DPA Domestic
Exemption; this is the employee in his personal life (talking/writing)
about his work life. He is therefore not a data controller; just a bloke
with a blog
I just feel uncomfortable as this leaves the Employer with few choices as to
access to any comment made about them, and any potential libel.
>>You can't libel a company, anyway<<
Stand to be corrected on this, but I think you can as they are a 'legal
person'.
Duncan
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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 Roland Perry
Sent: Monday, August 22, 2005 11:37 AM
To: [log in to unmask]
Subject: Re: [data-protection] Access to Chat Rooms
In message <001501c5a6f9$a548b400$0302a8c0@DELL5000>, at 10:12:38 on
Mon, 22 Aug 2005, Duncan Smith <[log in to unmask]> writes
>There appears to be ample opportunity for libel on this group, but how
>would the employer know; it appears they have no right of access to the
>data. This is 'personal use of data' and so probably exempt from DPA
>SAR.
You can't a libel a company, anyway. If there were remarks about
individuals, then that's quite a different kettle of worms.
I wonder how the company would send a SAR to the employee (who is
presumably the data controller/publisher) without tipping him off? Yahoo
isn't in the loop until there's evidence of a libel against an
individual. Even then, they'd probably take the material down after
examination, and be unlikely to start circulating copies to the
employer.
--
Roland Perry
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