I may be missing something here, but where are allegations of offences
kept? What is the retention period for these allegations? How does a data
subject find out if they have had allegations made against them? I agree
that it would be sensitive personal data that the data subject would want
to protected, but it would depend on who retains this information. Where
and why are allegations retained? Is this legal that allegations can be
held on file somewhere especially if allegations have never developed into
an arrest or a charge let alone a trial?
I think the emphasis should be on the word "alleged." An allegation of a
crime is moving toward a dubious world of gossip and innuendo. What is the
standard of proof for an allegation of a crime? Who decides whether an
allegation is viable?
Just curious.
Lawrence
Lawrence W. Serewicz
Scrutiny Manager
Management Support Unit
Wear Valley District Council
01388-761-985Lawrence W. Serewicz
Gerry Dane <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
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06/03/2006 11:05
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Gerry Dane <[log in to unmask]>
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Re: [data-protection] Sensitive Personal Data
Thanks for responses, but if I could be forgiven for bringing this
discussion back to its root.
"Section 2(g) of Part 1 "the commission or alleged commission by him of
ANY offence" (my capitals)
Question: Could this include a disciplinary offence? (eg Plagiarism?) -
OIC are unsure - Does it just refer to offences under law, or"?
In this context then, is the key legislative word in fact 'or'? ie Is it
the logical operator that needs to be taken into account when
understanding 'any', if so how does it operate? ie How do we read 'or'
in the context of 2 (g) of Part 1?
What is it about that operator that means we are in fact dealing only
with offences under law in the context of sensitive personal data? At
the moment I read it as separating out the conditional statements rather
than joining them (for which I would expect to see 'and'.
Rgds,
Gerry.
Newcastle University
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