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Afternoon All,
Paul; I nearly choked on my coffee as I first read the same paragraph. But I noted the word "obviously". Then I read the next sentence, "The senior nominated person in the organisation should determine this on a case-by-case basis where there is a credible risk that an unlawful act, such as an assault, will occur". Ah, prevention of an unlawful act: Condition 1 of the Schedule to the Data Protection (Processing of Sensitive Personal Data) Order 2000 (SI 2000/417). Can be found here:

http://www.opsi.gov.uk/si/si2000/20000417.htm.
Schedule 3 satisfied?
Regards,
MD
 

-----Original Message-----
From: Paul Ticher [mailto:[log in to unmask]]
Sent: 23 January 2007 17:15
To: [log in to unmask]
Subject: Re: [data-protection] New guidance from ICO - working with potentially violent members of the public

I'm not quite sure that I believe what I've just read.

The section of this guidance on disclosing information about a violent
warning marker to other organisations says:
"However, where there is a good reason for providing the information to
another organisation, for example, to alert them to the potential risk to
their staff, this will be justified even though no Schedule 3 condition
obviously applies. In these cases, our focus is on whether the processing is
justified and not unfair."

In other words the Information Commissioner is issuing official guidance
which says it's OK to process sensitive data without meeting a Schedule 3
Condition.  I know, you know, we all know, that Schedule 3 doesn't work in
practice, and that there are plenty of reasonable actions involving
sensitive data which don't meet a Schedule 3 Condition, but it's a
completely different matter to have this confirmed in official guidance from
the Commissioner.

When might we expect an amendment to the Act, either removing Schedule 3 or
adding some more sensible additional conditions?  And in the meantime, how
do we know what else we can do with the Commissioner's blessing which, on
the face of it, breaks the law?

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: "Jane Bartlett" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, January 23, 2007 3:05 PM
Subject: New guidance from ICO - working with potentially violent members of
the public

Extract from Press release:

ICO releases guidance for people working with potentially violent members of the public

The Information Commissioner's Office is today publishing advice to help those working with the public on how best to manage the use of violent warning markers and comply with the Data Protection Act.

Link to Good Practice Note:

http://www.ico.gov.uk/upload/documents/library/data_protection/practical
_application/use_of_violent_warning_markers.pdf

or

http://tinyurl.com/yud6n7
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