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DATA-PROTECTION  2004

DATA-PROTECTION 2004

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Subject:

Re: Identifying an individual

From:

ianwelton <[log in to unmask]>

Reply-To:

ianwelton <[log in to unmask]>

Date:

Thu, 29 Apr 2004 09:20:40 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (305 lines)

Charles Prescott on 28 April 2004 at 16:12 said:-

> Excuse me for lurking and being puzzled, but is the conclusion here that
management can not discuss the work records, which includes an absence
record
> which includes sick days claimed, of an employee? Or is the Council not
the employer? I the former is the case, is there a solution to this?
Employers
> have to assess their employees'performance.

This seems more akin to access levels to data by shareholders. What is
adequate data for shareholders or managers may differ, and there may be
differing perspectives of adequacy from the different roles. Possibly some
managers/shareholders may consider their scope is being eroded.

An absolutely necessary and legitimate task for a DPO in these types of
situation would be to approach the group who the complaint was against and
ascertain by what route that information had made its way to them from the
data controller. Then a checking exercise internally within the organisation
to assure the data content of any disclosures made for that 'purpose' to
that group meets the DPA principles and is in line with The Code of Practice
on Employment Records as mentioned by Stephen Williams is part of the role
which one is employed for.

Such complaints form an ideal opportunity for DPO's to check DP compliance
in what are probably sensitive areas for their organisation and which can
sometimes be difficult to access. Criticisms may be made, but that would
generally emanate from people who considered they should be undertaking the
task or those who feel somehow threatened, interesting information in
itself.

Ian W

> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Charles Prescott
> Sent: 28 April 2004 16:12
> To: [log in to unmask]
> Subject: Re: Identifying an individual
>
>
> Excuse me for lurking and being puzzled, but is the
> conclusion here that management can not discuss the work
> records, which includes an absence record which includes sick
> days claimed, of an employee? Or is the Council not the
> employer? I the former is the case, is there a solution to
> this? Employers have to assess their employees'performance.
>
> Charles A. Prescott
> Vice President, International Business Development &
> Government Affairs Direct Marketing Association 1120 Avenue
> of the Americas New York, NY 10036 U.S.A.
>
> Tel. +1-212-790-1552
> Fax. +1-212-790-1499
> e-mail: [log in to unmask]
> website: www.the-dma.org
>
> Helping businesses go direct worldwide.
> >>> "Broom, Doreen" <[log in to unmask]> 04/28/04 10:57 AM
> >>> >>>
> ***** THIS EMAIL WAS SENT VIA THE INTERNET *****
>
> You can't use than one from January
> 2005..............................we must be open.......... D
>
> -----Original Message-----
> From: Carter, Antoinette (CCM)
> [SMTP:[log in to unmask]]
> Sent: 28 April 2004 14:04
> To: [log in to unmask]
> Subject: Re: Identifying an individual
>
> ***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
>
> Without having been present at the meeting, which
> they obviously
> weren't, how can they prove, or even be aware of,
> what was said by whom,
> and whether or not it was sufficient information to
> identify them.
>
> -----Original Message-----
> From: This list is for those interested in Data
> Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: 28 April 2004 12:59
> To: [log in to unmask]
> Subject: Re: [data-protection] Identifying an individual
>
> The crux is whether personal identification
> information was revealed.
> It
> could be argued that it was, since those with the
> extra knowledge
> required
> can now identify the individual (cf photographs). It
> could be argued
> that
> it was not, which you are seeking to do.
>
> The problem is that the employee has issued a formal
> complaint, as they
> have
> the right to do. And the outcome of this will depend
> in no small way on
> how
> you handle this complaint and on what the employee
> wants as an outcome
> of
> the complaint. If they want a simple apology, and
> will limit their
> action
> to receiving the apology and closing the matter, I
> suggest you opt for
> that
> route whether you feel in the right or not.
>
> The reason I suggest this is that the employee has
> legitimate recourse
> to
> pursue this with the UKIC, and it seems to me to be
> borderline enough
> for
> him to decide to investigate completely. It always
> seems to me to be
> worth
> defusing such investigation by pouring oil on waters.
>
> Sickness records are a minefield. The very fact of
> sickness, ignoring
> the
> ailment, is sensitive data.
>
>
>
>
> Tim Trent - Consultant
> Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
> email: [log in to unmask]
> Marketing Improvement Limited, Abbey House, Grenville
> Place, Bracknell,
> United Kingdom, RG12 1BP
> http://www.marketingimprovement.com
>
>
>
> This message is for the intended addressee's use
> only. It may contain
> confidential, proprietary or legally privileged
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> If
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> authorised to state them to be the views of any such entity.
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data
> Protection issues
> [mailto:[log in to unmask]] On Behalf Of
> Brenda Scourfield
> Sent: Wednesday, April 28, 2004 9:22 AM
> To: [log in to unmask]
> Subject: [data-protection] Identifying an individual
>
> During a council meeting a comment was made about an
> employee who had x
> number of days sick leave. The department involved is
> a very large
> department and it is unlikely that they could be
> identified from this,
> except perhaps by their line manager, who wasn't
> present. No other
> working
> associates were present, merely members. The
> employee's name was not
> disclosed.
> However, the employee has now made a complaint that
> they were identified
> by
> disclosing the number of days sickness. They have
> also complained that
> the
> Leader of the Council should not have been given this
> information.
> However, LA employees are employed by the members so
> as our employers I
> would say they are entitled to see our attendence records.
>
> I know that you cannot give information which would
> directly identify
> someone - ie the man living at 10, Downing Street
> complained that etc
> '....'
>
> Can anyone give me any advice on this or point me to
> the part of the Act
> I
> can quote to the employee, which states
> non-identifying data is ok to
> disclose.
>
>
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> ********************************************************************
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