Ian,
Thanks for the post and the links. They are both interesting and informative. I would point out that while the articles relate to the topic, there is an important distinction. The two cases are about a 3rd party accessing the system. In my example, there is no third party and it covers the responsibilities that emanate from the data protection relationship between the individual officer and the organisation.
I would be surprised to see any ruling that says that an organisation does not have responsibility for or authority over the information stored on its own system. Even the ICO couches its language, concerning hybrid emails, in language that is vague concerning the rights of the officer and the rights of organisation.
Thanks again for the links and the articles.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: 31 March 2011 17:07
To: [log in to unmask]
Subject: Re: [data-protection] Personal Images on work > computers (Does this contravene more than the DPA?) [Long post]
Similar discussion on this legal topic is also ongoing elsewhere:-
http://www.theglobeandmail.com/news/national/ontario/material-on-work-computer-private-court-rules/article1952239/
provides links through to cases.
Which also neatly integrates with
another discussion relating to the storage of digital media and privacy:
-
http://arstechnica.com/tech-policy/news/2011/03/hard-drive-search-warrants-should-there-be-any-limits.ars
again providing links.
Ian W
> -----Original Message-----
> From:
This list is for those interested in Data Protection
> issues [mailto:
[log in to unmask]] On Behalf Of
> Lawrence Serewicz
>
Sent: 30 March 2011 18:41
> To: [log in to unmask]
>
Subject: Re: [data-protection] Personal Images on work
> computers
(Does this contravene more than the DPA?) [Long post]
>
>
> Two
really quick points. The it literate are the ones I am
> thinking of
who have seriously advanced skills, enough to
> modify the system
without IT, (knew of an ex army intel
> information security officer
working in a non-it post). He
> would have no qualms about using his
skill set on the local
> government system. I am less worried by the
lowest common
> denominator as they would not challenge the system.
>
> On the second point, by definition the organisation *has* to
> be a
data controller to dispose of personal information on
> its system.
Surely, deleting personal information is within
> the definition of
the DPA.
>
> I may have an idiosyncratic view of the dpa, but I would
> suggest that unauthorised uploading of personal information
> is
more problematic in terms of the dpa than it would appear
> at first
glance.
>
> If someone runs an unauthorised chess club membership
from
> their work system, that is going to be a huge headache from a
> dpa perspective.
>
> I will submit this to the ICO and see what
comes back.
>
> Thanks to everyone who contributed to the theme, it
has
> helped me clarify my thinking.
>
> Best
>
> Lawrence
>
>
Lawrence W. Serewicz
> Principal Information Management Officer
> Room
4/140
> Durham County Council
> DH1 5UF
> 0191-372-8371
>
>
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