Tommy
Likewise the OIC guidance on use of Violent Warning (PVP) makers in the
public sector doesn't really give any detail about how the health and
safety issues are to be taken into consideration merely stating:
.........as a result of the duties imposed on employers by health
and safety legislation2 the
condition, which states that "The processing is necessary for
compliance with any legal obligation to
which the data controller is subject, other than an obligation imposed
by contract" will also be relevant.
My reading is that relevant departments need to strike a balance between
the DPA and Health and Safety issues. The DPA rights of individuals who
are designated PVP should be respected (ie. information provided and the
right of appeal given) unless there is likely to be the risk of serious
harm to any individual arising from the disclosure of this information to
the data subject. Such instances would have to be considered by senior
management on a case by case basis.
Colette Healiss
St Helens Council
Tommy Kennedy
<Tommy.Kennedy@SOUTH-AYRSHI To: [log in to unmask]
RE.GOV.UK> cc:
Sent by: This list is for Subject: Re: Violent Warning Markers
those interested in Data
Protection issues
<[log in to unmask]
C.UK>
31/07/2002 10:44
Please respond to Tommy
Kennedy
I was interested to see Appendix 3 makes no reference to the need to inform
the individual concerned (fair collection).
My experience is that this is the biggest issue for officers involved in
warning markers.
Balancing our obligation to employees (particularly health & safety) with
the rights of the individual concerned.
I know its only an extract, and people should check out the full OIC
guidance.
But I wondered why such a fundamental aspect had been omitted from an
otherwise fairly comprehensive circular ?
Does it mean HSE believe the health & safety exemption generally applies
and there is no need to inform ?
thanks
Tommy.
>>> Paul Lightowlers <[log in to unmask]> 07/30/02 04:07pm >>>
Doreen,
The Health & Safety Executive have issued the following circulars:
www.hse.gov.uk/lau/lacs/88-1.htm
www.hse.gov.uk/lau/lacs/88-2.htm
Appendix 3 of the second document is an extract of information supplied by
the Information Commissioner.
Hope this helps.
Regards
Paul
Paul Lightowlers (Information Resource Manager)
Teignbridge District Council,
Forde House,
Newton Abbot,
Devon TQ12 4XX.
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