Hi Simon
We've gone a long way off the main subject. If anyone wants a discussion about the development of privacy in English law I'd be very happy to do so off list, or elsewhere. Although for starters reference should be had to the writings of academics such as Gavin Phillipson and Helen Fenwick.
Just to clarify. I am not saying that a) there is a specific "Right to Privacy" recognised in English law (there are, however, privacy rights created by a combination of some or all of, or interaction between, DPA, HRA, common law duty of confidence, the developing tort of misuse of private information and others) b) that one's privacy rights when performing a professional role are the same as one's privacy rights when NOT performing one's professional role.
best wishes
Jonathan
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 Simon Howarth
Sent: Wednesday 08 December 2010 23:03
To: [log in to unmask]
Subject: Re: [data-protection] Section 47
I think we need to remember here, that (if I recall correctly), there is no automatic "right" to privacy in English Law. There is the Data PROTECTION Act (not privacy act) and there is the common law (not legislative) duty of confidentiality. The Human Rights Act provides a right to respect for private and family life, this not the same as affording privacy as I understand it.
Also, if I remember rightly, there is the case of R v Lord (I will try and look it up). The upshot was that reports about a prisoner in relation to their parole were deemed disclosable even though they would identify the prison officers who wrote them. I think the judge stated that they were given in a professional and not personal capacity and so could not be withheld. I and my memory are willing to stand corrected on this.
Simon Howarth
-----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 11:35
To: [log in to unmask]
Subject: Re: [data-protection] Section 47
Again, agreed, and I would stress that I was merely disagreeing with the formulation that people who "attend in their professional capacity ... are therefore not third parties" (and I would add that they may be "relevant persons" according to the Modification Order, but that, again, does not mean *by definition* that they have no privacy rights). If anyone has concerns about my position I would refer them to my (carefully worded) original post!
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 Tim Turner
Sent: Wednesday 08 December 2010 11:14
To: [log in to unmask]
Subject: Re: [data-protection] Section 47
I think there is a considerable difference between people having a reasonable expectation of privacy for their personal business at work, and privacy being relevant to the identity and official actions of an employee.
The Human Rights Act doesn't give a right to privacy, but a right to respect for home life, family and so on. So my employer listening into my calls to my girlfriend raises significant privacy implications - my employer identifying me as the chair of the Records Management meeting I just attended does not.
The Hunt issue is a good example - a person may be disproportionately affected, both in and out of work, by getting involved in a contentious work-related issue. But I don't see that as privacy so much as the fairness aspects of DP, or just health and safety. In an FOI world, we should generally approach our work with the expectation that we will be publicly associated with it and accountable for it, unless there are specific reasons not to.
Tim Turner
Information Governance Manager
NHS Manchester
1st floor
Parkway 3
Parkway Business Centre
Princess Road
Manchester, M14 7LU
[log in to unmask]
DDI: 0161 765 4174
Please note I only work on Tuesdays and one other day each week, so a response may be delayed.
<snip>
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