I would say Principle 1 is breached too as no Schedule 2 condition has been met. -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill Steve Sent: 23 February 2007 08:51 To: [log in to unmask] Subject: [data-protection] Have we breached the DPA 1998? Dear all, We have had a complaint from the member of the public who says we are in breach of the DPA 1998 because a member of staff allegedly told them "they often look up their information and laugh about it". Whilst this is probably a breach of the spirit of the DPA1998, it there actually a section/principle that has been breached? I can only think of the second principle which may have been breached (data should only be used for what it has been collected for). Regards Steve ________________________________________________________________________ ______________________________________________ Stephen Cotterill Procurement & Technical Officer x3296 Broxtowe Borough Council Directorate of Finance Council Offices, Foster Avenue, Beeston, Nottingham, NG9 1AB Tel: 0115 917 7777 Fax: 0115 917 3577 www.broxtowe.gov.uk <http://www.broxtowe.gov.uk/> View our contracts notice board: www.sourcenottinghamshire.co.uk <http://www.sourcenottinghamshire.co.uk/> DISCLAIMER: This email and any attachments are confidential and intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error please contact the IT Service Desk at Broxtowe Borough Council on [log in to unmask] or telephone 0115 917 3194. Senders and recipients of email should be aware that, under the Data Protection Act 1998 and Freedom of Information Act 2000, the contents may have to be disclosed in response to a request. This disclaimer confirms that this email message has been swept for the presence of computer viruses. ________________________________ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format): * Leaving this list: send leave data-protection to [log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE data-protection> * Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask] <mailto:[log in to unmask]&BODY=SET * NOMAIL> * To receive emails from this list in text format: send SET data-protection NOHTML to [log in to unmask] <mailto:[log in to unmask]&BODY=SET data-protection NOHTML> * To receive emails from this list in HTML format: send SET data-protection HTML to [log in to unmask] <mailto:[log in to unmask]&BODY=SET data-protection HTML> All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask] Any queries about sending or receiving messages please send to the list owner [log in to unmask] (Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline) ________________________________ This e-mail and any files transmitted with it are confidential. If you are not the intended recipient, any reading, printing, storage, disclosure to another person, copying or any other action taken in respect of this e-mail is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender immediately by using the reply function and then permanently delete the email from your inbox. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm Any queries about sending or receiving messages please send to the list owner [log in to unmask] Full help Desk - please email [log in to unmask] describing your needs To receive these emails in HTML format send the command: SET data-protection HTML to [log in to unmask] (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^