Jonathan,
Please be aware that police officers are not employees. They are office holders. Each police officer holds an office. I realize the point is subtle, but holding an office means they have a different role and status.
For example, for salary disclosure they have to be treated differently under the pay disclosure legislation because they cannot be treated as a class and have to be handled individually.
The privacy rights would entail their role outside of the police force. We are not private in work in the same way that my privacy increases once I leave work. I can claim certain privacy rights outside of work (inside of work) because the two cannot be disentangled in all cases. Furthermore, the disclosure would be to the whole world and that would have an effect on privacy beyond their work role. For example, if they all retired the next day, the publication would infringe their privacy.
What this suggests is the right to privacy, as being developed through the courts, is going to be a HUGE problem for information governance, in particular data protection, because privacy is so nebulous that it allows for any sorts of interpretations.
Best,
Lawrence
Principal Information Management Officer
Durham County Council
Room 4/140
County Hall
County Durham
DH1 5UF
0191-372-8371
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 08 December 2010 10:28
To: [log in to unmask]
Subject: Re: [data-protection] Section 47
David
I've got to disagree with a formulation that people who "attend in their professional capacity ... are therefore not third parties". We do not shed our privacy (and DPA) rights when we walk through the office door. I would agree though, of course, that the fact that they are acting in a professional capacity is a relevant (and most probably a determining) factor in assessing the extent to which they would have a reasonable expectation of non-disclosure.
The Information Tribunal, only the other day, upheld an ICO decision that it was contrary to the DP principles to disclose the names of police officers who had attended a strategy meeting held prior to a hunt, because disclosure would be an unnecessary interference with the officers' article 8 rights.
regards
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
tel: 01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of David Wilson
Sent: Wednesday 08 December 2010 10:02
To: [log in to unmask]
Subject: Re: [data-protection] Section 47
Brenda,
The subject access right can not be ignored just because certain attendees object to the minutes being disclosed, they attend in their professional capacity and are therefore not third parties. I deal with such requests on a regular basis and the following is the general approach we take.
If the parents were present, then there are no grounds for refusing to disclose the minutes, as they are already aware of what was discussed and have a right to comment on the accuracy of them.
However, our meetings are structured in such a way as there is a general meeting, the minutes of which will almost always be disclosed and a confidential section, where the parents are not present. This is where things like police intelligence / PNC checks etc are discussed. These minutes are not routinely discussed but are assessed on a case by case basis. The result is that they are usually withheld or disclosed after heavy redaction.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
Brenda Scourfield <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues <[log in to unmask]> 07/12/2010 16:59 Please respond to Brenda Scourfield <[log in to unmask]>
To
[log in to unmask]
cc
Subject
[data-protection] Section 47
I have had a request from a parent for copies of minutes of two startegy meetings following a Section 47 Investigation(i.e. Child Protection
Enquiries) The outcome was that there were no concerns re parenting issues. Is he entitled to these minutes under DP ? Not all members of the strategy meeting have given consent to disclose - education and the police. Social Services tell me that their policy is not to disclose if all do not give consent.
Any advice greatly received as my knowledge of child care law is limited and I have to rely on what Social Services tell me. Maybe DP overides'
their policy'
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