I find it hard to believe that next of kin / emergency contact would be
recorded only in a manual format in most organisations. Surely it’s just as
likely to exist in an electronic format, in which case considerations of
‘filing systems’ do not apply.
--
Tim Turner
2040 Training
www.2040training.co.uk
From: Owen Thomas <[log in to unmask]>
<[log in to unmask]>
Reply: Owen Thomas <[log in to unmask]>
<[log in to unmask]>
Date: 4 January 2019 at 17:09:22
To: [log in to unmask] <[log in to unmask]>
<[log in to unmask]>
Subject: Re: [data-protection] Next of Kin/Emergency Contact Details for
Students
Does anyone have any views on whether NoK contact details will
automatically constitute the personal data of the NoK within the material
scope of GDPR?
While a name and contact method in Student A's record, in the section that
tells a reader 'I want this person contacted in the event of incident,
accident, demise etc' would be a detail about Student A, I'm not so sure it
would necessarily be NoK's 'GDPR-grade personal data'.
That is, Art 2 GDPR frames the general applicability of the regulation to
"...the processing of personal data wholly or partly by automated means and
to the processing other than by automated means of personal data which form
part of a filing system or are intended to form part of a filing system".
A name and contact address / number is generally taken to be personal data,
but unless it forms part of the filing system that Student A's records are
in - is it a type of NoK Personal Data that GDPR would be interested in?
Possibly dancing on the head of a pin here, but to my mind 'part of a
filing system' is a rather more involved thing than being 'part of the
files within a filing system': being part of a 'system' suggests being part
of the machinery (literally or figuratively), in a way that can influence
or contribute to the system's continued operation. Being a detail on a page
inside one of the files - or not, if the detail were absent - would not
have the same scope for influence over the filing system and so can't
really be called 'part of the system'. A clumsy analogy would be a Post
Office sorting office - envelope, address and stamp are part of the system
as they can be automatically sensed by the machinery and their detail,
presence or absence will have an effect on when or if they get delivered
correctly and on time. However - the system won't automatically know
whether the envelopes it is sorting contain good news, a Dear John letter,
a final demand or a wad of tenners: the internal details are part of the
post, in that they've definitely been posted - but they're no more part of
the postal system than water in a pipe is a part of the plumbing.
Just my thoughts on the matter, anyway.
Happy 2019 All!
Owen Thomas
Deputy Data Protection Officer
Data Protection Office
Strategy, Performance and Transformation Directorate
Sunderland City Council
0191 5611263
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