Everywhere I have worked recently has gone along the lines of "may
result in disciplinary action". The reason for this is largely to avoid
fettering the discretion of the disciplinary process - it's difficult to
operate a fair system if an outcome automatically results from an
incident because every incident has different circumstances.
I think the faliure comes in not taking appropriate disciplinary action
when appropriate - in many circumstances, it's obvious that by not
considering disciplinary action, a data controller cannot argue that it
is taking the appropriate steps. However, blithely sacking someone to
stave off a monetary penalty without following a fair and balanced
disciplinary process is likely to create another set of difficulties
(e.g. unfair dismissal).
Tim Turner
NHS Manchester
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 23 September 2010 14:15
To: [log in to unmask]
Subject: [data-protection] Disciplinary Sanctions
The ICO has clear guidance with examples of what he considers to be
serious enough to merit montary penalty :
http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_
specialist_guides/ico_guidance_monetary_penalties.pdf
Does anyone do something similar internally ? e.g. clear guidance on
what you would consider would merit :
* a quiet word
* an informal warning
* a disciplinary hearing alleging misconduct
* a disciplinary hearing alleging gross misconduct
* instant dismissal
or does your policy just say "breach may result in disciplinary
sanction - a very broad 'may' ? If not how do you ensure consistency
over time or between sections if your organisation is large ?
Would failure to have something in place be a breach of principle 7 - is
it an appropriate organisational measure ?
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