Hubert, Paul [STU] on 14 June 2002 at 16:31 said:
"If that applies to you then you should have the nominal authority to refuse
to carry out the act."
Are you saying that the manager instructing the act is not a manager, or
that the organisation is not a body corporate?
Ian W
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Hubert, Paul [STU]
Sent: 14 June 2002 16:31
To: [log in to unmask]
Subject: Re: DPO liability
If Rebecca's question had been simply "where do I stand?", I would have said
"in need of trade union representation".
I think that the practical answer is that you ask for a specific instruction
in writing. Then you reply either to say that your belief is that the action
you are being asked to carry out is in breach of the Act and you refuse to
do it (in which case you risk disciplinary proceedings or something more
underhand) or that your advice is that it is unlawful and if he insists you
will do it under protest (and actually the risks might be the same).
I don't think Section 61 applies:
Where an offence under this Act has been committed by a body corporate and
is proved to have been committed with the consent or connivance of or to be
attributable to any neglect on the part of any director, manager, secretary
or similar officer of the body corporate or any person who was purporting to
act in any such capacity, he as well as the body corporate shall be guilty
of that offence and be liable to be proceeded against and punished
accordingly.
If that applies to you then you should have the nominal authority to refuse
to carry out the act. With all due respect to Rebecca, I don't think the
passage above refers to somebody like her (or me in our organisation).
Paul
> -----Original Message-----
> From: Ian Welton [SMTP:[log in to unmask]]
> Sent: Friday, June 14, 2002 2:58 PM
> To: [log in to unmask]
> Subject: Re: DPO liability
>
> See section 61.
>
> Also it would depends on what the breach is.
>
> Any criminal offence would be yours.
>
> If the offence were criminal what offence would your boss be guilty of at
> the moment? :-)
>
> Ian W
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Rebecca Hughes
> Sent: 14 June 2002 13:23
> To: [log in to unmask]
> Subject: DPO liability
>
>
> A sobering question for Friday afternoon.
>
> If as a DPO, my boss knowingly asks me to breach the DPA and I do so,
> where do I stand legally having regard to the fact that I am something
> of an 'expert' in the field, responsible for informing him of our legal
> position?
>
> Rebecca
> -------------------
> Rebecca Hughes
> Administrative Officer (Data protection)
> Ext. 3355
> [log in to unmask]
>
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