Ah, Chief Officers - what would we do without them.
I am in agreement with the others that Condition 6 might be a hard one on
which to rely if consent has been refused. And at the end of the day, it's
only photos for an Intranet, so what's the issue if some say no? Given the
current economic climate I'd much prefer senior management work out how to
save money and keep services running!
Just as a matter of record. If you asked me, knowing what I know, I would
say "no" too. I would also be mighty cheesed if it then happened and I would
challenge you. If people want to find out what I look like, they can come
and meet me!
Oh one final thing - if you are going to make a picture only available to
staff in their service areas, then someone should be asking the question "So
why are we doing this at all?"
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 15 December 2009 15:14
To: [log in to unmask]
Subject: [data-protection] Photos of Staff - Reasonable Work Instruction
A Chief Officer wishes to place organisation charts on our intranet (not
internet) . The purposes are varied: team building; identification across
large
teams and various locations etc. 99% staff consent. One or two have said no.
When initially approached I advised that without consent that was the end of
the matter for those staff. On reflection I am open to persuasion that he
can
call on Condition 6. His interests are legitimate and if he does a proper
PIA and
determines that any adverse impact (there does not really seem to be any
specific) is justied by the benefits, then in theory we can make a case that
there is no breach of DP principles in doing this (assuming we can get a
photo !).
So two questions on which I seek views (the second not really DP):
1. Can we in principle use Condition 6 or should we regard lack of consent
decisive.
2. In either case can we legitimately as employers give a 'reasonable
insstuction' to staff to participate such that breach may lead to
discplinary.
Clearly the answer is more likely to be yes if we can use Condition 6 !
Would it make a differnce if publishing was in a way that would only make
them available to staff in his service area - most of whom would have
contact
with the persons concerned at some stage anyway.
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