So if at least two members of this list can find possible conditions which
are satisfied, why didn't the ICO? I agree with our contributors, but still
find the guidance disconcerting.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Lloyd M J B (ISeLS)" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, January 24, 2007 9:50 AM
Subject: Re: New guidance from ICO - working with potentially violent
members of the public
>I would have expected Schedule 3 (3a, 3b), protecting the vital interests
>of
> another person, to apply.
>
> Any idea why this wasn't quoted?
>
> Mike Lloyd
>
>
>> From: Paul Ticher <[log in to unmask]>
>> Reply-To: Paul Ticher <[log in to unmask]>
>> Date: Tue, 23 Jan 2007 17:15:06 -0000
>> To: <[log in to unmask]>
>> Subject: Re: New guidance from ICO - working with potentially violent
>> members
>> of the public
>>
>> I'm not quite sure that I believe what I've just read.
>>
>> The section of this guidance on disclosing information about a violent
>> warning marker to other organisations says:
>> "However, where there is a good reason for providing the information to
>> another organisation, for example, to alert them to the potential risk to
>> their staff, this will be justified even though no Schedule 3 condition
>> obviously applies. In these cases, our focus is on whether the processing
>> is
>> justified and not unfair."
>>
>> In other words the Information Commissioner is issuing official guidance
>> which says it's OK to process sensitive data without meeting a Schedule 3
>> Condition. I know, you know, we all know, that Schedule 3 doesn't work
>> in
>> practice, and that there are plenty of reasonable actions involving
>> sensitive data which don't meet a Schedule 3 Condition, but it's a
>> completely different matter to have this confirmed in official guidance
>> from
>> the Commissioner.
>>
>> When might we expect an amendment to the Act, either removing Schedule 3
>> or
>> adding some more sensible additional conditions? And in the meantime,
>> how
>> do we know what else we can do with the Commissioner's blessing which, on
>> the face of it, breaks the law?
>>
>> Paul Ticher
>> 0116 273 8191
>> 22 Stoughton Drive North, Leicester LE5 5UB
>>
>> I hereby require any recipient of this message not to use my personal
>> data
>> for direct marketing purposes.
>
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