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DATA-PROTECTION  July 2018

DATA-PROTECTION July 2018

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Subject:

Re: Sharing of staff data

From:

Tony Sheppard <[log in to unmask]>

Reply-To:

Tony Sheppard <[log in to unmask]>

Date:

Thu, 12 Jul 2018 08:28:02 +0000

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This is also an issue within schools at times and my last conversation with ICO and DfE brought it down to this (heavily paraphrased). 
 
Consent is being confused with informing staff that data is being shared (under contractual obligations) and staff having the right to object (very rarely upheld). 
Educate staff about it and be prepared for fallout for having the wrong lawful basis to start with ... be open about why the change / correction is happening and it is probably best to get union support ... if nothing else, that is a good way to be pro-active about it. 
 
--  
Tony Sheppard 
Operations Manager 
GDPR in Schools 
 
-----Original Message----- 
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Blyth, Victoria 
Sent: 12 July 2018 09:08 
To: [log in to unmask] 
Subject: Re: [data-protection] Sharing of staff data 
 
I'd guess that there's a misunderstanding of consent and when to use it as legal basis. There's not much my employer does in employment terms that I have a choice about and the ICO specifically says not to use consent because of the imbalance of power. You might need to look at employment contracts and whether the staff concerned have two employers. 
 
If organisation A, my employer, wants me to do some work on behalf of organisation B, I'm still under contract to Org A and Org B has no need for any personnel data. If I have a joint contract then I am employed by both orgs and any sharing of data necessary should be established in my contract of employment. You're looking at Art 6(1)(b) for employment contract and Art9(2)(b) for special category data, not consent. 
 
I would think that the sections I've listed above are your legal basis in DP terms, and it's then HR/Legal's job to make sure that the contract(s) of employment establish how the situation will work and whether any sharing of personnel data is necessary. If necessary, then how and when it should be done. Nothing in this situation should cause staff any worry because everything should be laid out clearly in contract of employment and HR policies. 
 
Victoria Blyth 
Information Strategy Manager (Interim Data Protection Officer) Information Management Team London Borough of Barnet, North London Business Park, Oakleigh Road South, London N11 1NP 
Tel: 020 8359 2015 
please consider the environment - do you really need to print this email? 
 
-----Original Message----- 
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Tinsley 
Sent: 12 July 2018 08:49 
To: [log in to unmask] 
Subject: Re: [data-protection] Sharing of staff data 
 
You might think so, but then why would they be asking for consent to allow the sharing in the first place. It could just be sloppy, belts and braces practice. 
 
Chris 
 
Sent by me 
 
> On 12 Jul 2018, at 08:46, Jon Baines <[log in to unmask]> wrote: 
>  
> One would assume their employment contract covers it? 
>  
> Jon Baines, 
> Chair, 
> NADPO 
>  
>> On 12 Jul 2018, at 08:43, Chris Tinsley <[log in to unmask]> wrote: 
>>  
>> Good morning all 
>>  
>> An NHS organisation I work with shares members of staff with a Local Authority to perform some compatible functions such as Commissioning. This is done under a Section 113 agreement of the Local Government act 1972. They are now looking to extend this function in to other areas. 
>>  
>> Part of this involves the sharing of personnel files. This has up to now been done with consent. 
>>  
>> With the extension of this in to other areas there is a requirement to share more staff files and a sudsequent worry by some members of staff about their jobs. 
>>  
>> I believe GDPR restricts the use of consent as a means of processing in a works context so we should cease sharing these files using consent, I can’t see how it can be freely given. 
>>  
>> Has anyone come across this before and how would you get round the consent issue with sharing personnel files? 
>>  
>> I have asked HR for an opinion as I am way out of my comfort zone with this. 
>>  
>> Chris 
>>  
>>  
>> Sent by me 
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