There are two separate issues here :
1. Should the sender be doing this. I tend to agree with Paul this is
bad practice. There are other mechanisms available and it certainly
should not be sent to anyone with whom the sender does not have a clear
protocol about how the information will be handled on receipt - or where
there is a statutory basis e.g. we may send 'warning' information
regarding social workers to the Care Council for Wales regarding some
issues
2. What does the recipient do with it. Keeping it would be processing
and I can see no immediate way to avoid the obligation to tell the data
subject - Schedule 1 Part II Para 2. A good reason to use proper
mechanisms rather than uncontrolled narrowcasting.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 27 July 2007 10:01
To: [log in to unmask]
Subject: Re: [data-protection] Candidates of concern
This is surely bad practice.
My response would be:
Either the risk is substantial, in which case look for an official way
to raise the issue - which should include checks and balances,
opportunity of appeal, etc - or the risk is not so substantial, in which
case any authority's normal risk management approach should be
sufficient - e.g.
checking references, security around buildings, or whatever.
Sending out a non-specific letter (a) doesn't allow the recipient to
assess the risk for themselves (even if the person is a genuine risk,
they may not be a risk in all circumstances), (b) infringes the
individual's rights to natural justice, and (c) doesn't allow the
warning to be checked for inaccuracy or malicious intent. It is also
unlikely to achieve its purpose.
You may remember receiving the letter for a few weeks or months, but a
year down the line the risk may remain but you would not be so likely to
identify it.
If an 'official' way of reporting the risk (such as POCA/POVA) doesn't
exist, that makes the options a bit fuzzier but doesn't change the
underlying problem that the course of action taken is likely to be both
ineffective and unjust. There must be a better way.
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: "Peter Rooney" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, July 26, 2007 8:25 AM
Subject: Candidates of concern
Dear All,
Our HR department has received a letter from another Local Authority
which
gives personal identification details (names, addresses, n.i. no.,
d.o.b.)
about an individual and a message to the effect that if this person
should
apply for any job whatoever with us we should call the named officer at
this LA. It give no reasons (it could be that they looking for the
individual or perhaps the individual is unsuitable as an employee) or
further details. On enquiring I am led to understand that this type of
letter is not a rare occurrence, that we have other such contacts on
file,
and that some departments (childrens and adult social services
particularly) receive quite a number of such "warnings".
The letter was addressed to "all local authorities", I'd be grateful,
therefore, to hear about the approaches that other LAs are taking to
holding these kinds of records and how they justify doing so in DPA
terms?
I'm sorry if I have missed this issue being raised previously. The ICs
office have no experience of this practice, I have checked there.
Many thanks.
Peter Rooney
Corporate Information Manager
North Somerset Council
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