Doreen :
A thought re your popularity dilema
If you wish to become popular again you may find an outlet in the statutory
position covering collective bargining. An employer in recognising a union
has to make certain information on its employees avialable to the Union.
This linked to ensuring a recognised Union can provide democratic
representation of the work force it represents. Unfortunately I cannot
recall the detail but Im sure there was something in the statutes covering
Trade Unioin and Employment laws (See possible X ref below). Throw it to the
Trade Union legal experts to explore, if they want the data.
If this exists an employer can argue a statutory obligation to disclose via
section 35(1) which utilises the non-disclosure exemptions come into play,
and Doreen becomes popular with her employer (but maybe not the employees -
Well can't win them all) and transfers the compliance challenge to the
Unions DP advisors.
The Trade Union as a data recipient becomes the new data controller and then
has the challenge to notify individuals of their data uses and managing opt
out from their advertising and promotion. If this is their only use they
would appear need to erase the data on objection as they would have no other
purpose of processing.
Possible X references linked to my recollection.
1: Trade Union and Labour Relations (Consolidation) Act 1992
2: Statutory Instrument 2000 No. 1300 - The Trade Union Recognition (Method
of Collective Bargaining) Order 2000
Disclosure of Information
27. The employer and the union shall have regard to the ACAS Code of
Practice on the Disclosure of Information to Trade Unions for Collective
Bargaining Purposes and ensure that there is no unwarranted or unjustified
failure to abide by it in relation to the bargaining arrangements specified
by this method.
The ACAS COP may be more than a COP, possibly closer to being a rule of law,
so may fall under section 35 (Employer needs to check whether Name and
address of an employee are amongst the data items an employer must pass to
its recognised Union.)
Hope this assist and Good luck if following up.
Davidv Wyatt
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 20, 2002 4:55 PM
Subject: Re: Direct marketing for trade union membership
> Direct Marketing.....did they give their details for that purpose??? I
> suppose my instance was a lot different as they were actually targeting
> those members of staff who were not members of the Union through the
Payroll
> system although saying that, we do get offers of loans etc. in our
Payslips.
> D
>
>
> > -----Original Message-----
> > From: Clare Coyne [SMTP:[log in to unmask]]
> > Sent: 20 June 2002 16:42
> > To: [log in to unmask]
> > Subject: Re: Direct marketing for trade union membership
> >
> > Ask them to send it out for you. They do it at the
> > University of Bristol.
> >
> > cheers
> > Clare Coyne
> >
> > On Thu, 20 Jun 2002 16:36:52 +0100 "Broom, Doreen"
> > <[log in to unmask]> wrote:
> >
> > > I would strongly say "No" - specific targeting etc. I had an issue
with
> > the
> > > Union here (and I was Minute Secretary for the them) but they
approached
> > > Payroll and wanted to target all members of staff who were not part of
> > the
> > > Union - I disallowed it and was not popular!!!!
> > > Doreen Broom
> > > Access to Information Officer
> > > Scottish Borders Council
> > > Council HQ
> > > Newtown St.Boswells
> > > Melrose
> > > Borders TD6 0SA
> > >
> > > Tel: 01835 826516
> > > e-mail: [log in to unmask]
> > >
> > > > -----Original Message-----
> > > > From: Mark Harris [SMTP:[log in to unmask]]
> > > > Sent: 20 June 2002 15:30
> > > > To: [log in to unmask]
> > > > Subject: Direct marketing for trade union membership
> > > >
> > > > Among other things I am a trade union official in my institution,
> > > > and I want to recruit more members.
> > > >
> > > > If I asked the institution to provide me with a list of people in
the
> > > > grades eligible for membership, so that I could send them
> > > > information about joining the union, would the institution have
> > > > grounds under the DPA for refusing my request?
> > > >
> > > > Mark Harris
> > > > University of London
> > > >
> > > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > > > All archives of messages are stored permanently and are
> > > > available to the world wide web community at large at
> > > > http://www.jiscmail.ac.uk/lists/data-protection.html
> > > > If you wish to leave this list please send the command
> > > > leave data-protection to [log in to unmask]
> > > > All user commands can be found at : -
> > > > www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> > > > (all commands go to [log in to unmask] not the list please)
> > > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > >
> > >
> > > **********************************************************************
> > > This email is privileged, confidential and subject to copyright.
> > > Any unauthorised use or disclosure of its content is prohibited.
> > > The views expressed in this communication may not necessarily
> > > be the views held by Scottish Borders Council
> > > **********************************************************************
> > >
> > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > > All archives of messages are stored permanently and are
> > > available to the world wide web community at large at
> > > http://www.jiscmail.ac.uk/lists/data-protection.html
> > > If you wish to leave this list please send the command
> > > leave data-protection to [log in to unmask]
> > > All user commands can be found at : -
> > > www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> > > (all commands go to [log in to unmask] not the list please)
> > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > >
> >
> > ----------------------
> > Clare Coyne
> > [log in to unmask]
> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > All archives of messages are stored permanently and are
> > available to the world wide web community at large at
> > http://www.jiscmail.ac.uk/lists/data-protection.html
> > If you wish to leave this list please send the command
> > leave data-protection to [log in to unmask]
> > All user commands can be found at : -
> > www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> > (all commands go to [log in to unmask] not the list please)
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
> **********************************************************************
> This email is privileged, confidential and subject to copyright.
> Any unauthorised use or disclosure of its content is prohibited.
> The views expressed in this communication may not necessarily
> be the views held by Scottish Borders Council
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|