Agreed. Put another way, in a Friday answer sort of way (although its now Saturday), just because you describe something as a duck it does not mean it is a duck. And just because you describe it is a goose, it does not mean its not a duck! A principle applicable everywhere.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: Friday, January 14, 2011 10:26 PM
To: [log in to unmask]
Subject: Re: [data-protection] Friday question: Names in subject lines of emails what is your practice Yes, Maybe, or definitely not
Lawrence
In a (disreputable) word, Durant.
Actually there seems to me to be there are 2 fundamental flaws in your analysis - or if it is correct the problem is much wider.
A name is just an identifier. If your argument is correct it must apply to any personal identifier. So you would have to apply it equally to e.g. a subject line which contains my payroll / employee number or (in your lawyer's world) the file number of my personal injury claim.
Secondly email is a document. DP and SAR is about personal data - not documents, .
Imagine the following email :
From : Lawrence
To : A lawyer
Re: Phil Bradshaw
Hi
Just wanted to let you know that I have got two tickets for the game tomorrow
Cheers Lawrence
This email contains no personal data about Phil Bradshaw and would not be disclosable under an SAR by me to the legal firm.
I think the consensus is pretty clear that a name on its own without context is not personal data. In my example above it is clearly not about me - it could be anyone of several hundred PB's and if you did send such an email it was likely to be a cut and paste error anyway.
Looked at another way if the email does contain pd then it is disclosable whatever you put in the subject line, although the subject line itself is probably not. Change it to :
From : Lawrence
To : A lawyer
Re: jhfjshdhseh
Hi
Just wanted to let you know that Phil Bradshaw knows nothin about data protection
Cheers Lawrence
Then you could legitimately answer a SAR FULLY* by saying, "the personal data we hold is an email from Lawrence to A lawyer stating etc. without mentioning the subject line.
* - plus info about source purpose and any other recipients of course
Phil Bradshaw
Cardiff Council
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 14 January 2011 18:20
To: [log in to unmask]
Subject: [data-protection] Friday question: Names in subject lines of emails what is your practice Yes, Maybe, or definitely not
Dear All,
I am having a discussion with a legal friend and I was wondering how other organisations handled this issue. Email is wonderful but it contains possible pitfalls regarding data protection, privacy, and possible subject access requests. In particular, the question around names in the subject line.
I am of the view that personal names should be used rarely, if ever, in the subject line of an email. My view is that this would make them the subject of the email so the whole email would have to be considered for disclosure under an SAR.
Second, it leads to bad practice because someone can then see, if they are viewing the screen, that there are emails about someone. For example, if HR officers are emailing someone's name then someone passing can see they are discussing that person.
Third, it can lead to accidental breaches because the email is about a person just forwarding the email to the wrong person could breach their privacy in a way that an email that only mentions them in the body might not be considered.
The contrary view from my legal friend was that his emails were covered by legal professional privilege. I am not convinced as not everything he writes is for legal advice. However, the main issue is the use of the name.
Second, he was not convinced that personal information was being disclosed by the name as a person's name could be on a file and that did not make the whole file about them, although you had to go through the file to find out what was NOT them to make sure.
Third, disclosing the name in the subject line or in the body of the text did not matter as both were breaches so the difference was moot. They were not convinced by the argument that inadvertent breaches,ie someone reading over the shoulder could be an issue.
I cannot find any explicit guidance or any decision notices to support my position. How do you handle these type of email issues in your organisation?
Any advice or assistance would be appreciate.
Thanks
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill, Steve
Sent: 14 January 2011 09:28
To: [log in to unmask]
Subject: [data-protection] Release of personal data re senior officers salaries
Thanks to all who responded.
I have advised
1) I prefer not to release names against salary bands unless legally required to do so.
2) If we did release names against salary bands for senior officers, the ICO are very unlikely to take any sort of action because senior officer names, job titles and salaries are likely to be in the public domain anyway.
Steve
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
-----Original Message-----
From: Cotterill, Steve
Sent: 13 January 2011 10:06
To: 'Lynn Wyeth'; [log in to unmask]
Subject: RE: [data-protection] Release of personal data
Thanks for your response.
I was more thinking along the lines of just because two items may be in the public domain, is it right from a DPA perspective to decide to link them together and publish them? ie,
1) Job titles and salaries for senior officers £50k - £150K are to be published by law.
2) Names of the Senior Officers are likely to be released to an FOI request.
Link these together and you are able publish the name and salary detail. This seems to be the ICO guidance in response to the 'senior salary transparency guidance'. Are there any issues you would look at from a data protection perspective apart fair processing notice etc?
Cheers
Steve
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Resources Directorate
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