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DATA-PROTECTION  August 2011

DATA-PROTECTION August 2011

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Subject:

Re: Caldicott vs dpa an enforcement tension?

From:

Ian Welton <[log in to unmask]>

Reply-To:

Ian Welton <[log in to unmask]>

Date:

Mon, 15 Aug 2011 10:45:57 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (303 lines)

The book covers that area, the tensions generated and reasons behind 
them.  Most chapters are presented as a walk through of particular 
cultures viewed ethnographically, each building on the previous.  
Because of that presentation it is possible to read and gain insights 
into the issues without being an anthropologist or ethnographer. From a 
DP/FOI perspective it certainly contains many examples of generic 
issues dealt with every week, where the 
organisational/cultural/individual spaces conflict, or those 
embarrassing hidden cultural issues are never explained but are clearly 
known of and largely ignored at the public boundaries creating ethical 
dilemmas/potential for conflict. (Those issues similar to a previous 
post made about hiding embarrassing problems until they have mainly 
been resolved and then publicly attacking the public representations of 
those same problems in other spheres.) 

The tensions and dysfunctional 
consequences of actions at an individual and 
organisational/national/international level are drawn out, and in that 
context illustrate the differences you are seeking an answer to by 
providing different elements of information within each illustrative 
chapter (almost case study style). I would doubt that any particular 
chapter on its own would provide the rounded answer that you seek, but 
the information presented in the book as a whole does inform and enable 
the formation of an understanding.


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: 14 August 2011 17:54
To: [log in to unmask]

Subject: Re: [data-protection] Caldicott vs dpa an enforcement tension?



Ian,
Thanks for the book recommendation. I have checked out the table 
of contents on googlebooks, but I cannot find where the chapters relate 
to the issue. Is there a particular chapter or chapters you had in 
mind?

 Best,

Lawrence


Lawrence W. Serewicz

Principal Information 
Management Officer
Assistant Chief Executive's Office
Room 140/4
Durham 
County Council
Durham
DH1 5UF

Tel 0191-372-8371

________________________________________
From: Ian Welton 
[[log in to unmask]]
Sent: Sunday, August 14, 2011 11:29 AM
To: data-
[log in to unmask]
Cc: Lawrence Serewicz
Subject: RE: [data-
protection] Caldicott vs dpa an enforcement tension?

Sounds like a 
useful tension.

Have a read through:-

1. Shryock A. Off
Stage On 
Display Intimacy and Ethnography in the Age of Public Culture,

Stanford, California: Stanford University Press, 2004.
(ISBN

0804750076).

Although this is primarily a book for ethnographers it
is 
an interesting read viewed from a data protection or privacy

perspective whilst considering organisational/social psychology. The

contents do cover in some detail the focus of your post and can also

facilitate different perspectives about the riots.

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: 13 August 2011 23:21
> To: data-

[log in to unmask]
> Subject: [data-protection] Caldicott vs dpa

an enforcement tension?
>
>
> Dear all,
> I have been reading the

Caldicott review (as one does on a
> Saturday morning) and what struck

me about it was the
> emphasis on personal or individual
responsibility 
for
> confidentiality.  I can see the logic and
appropriateness of
> 
making sure someone has responsibility and the
clarity that
> offers 
regarding accountability.
>
> Yet, an over
reliance on the individual  
can create a false
> sense of security.
After, everyone is responsible, 
which
> means no one is.
>
> By
contrast, the data protection act 
focuses, at least in the
> seventh
principle, on the reasonableness of 
the  measures the
> data
controller, most often a corporate body or 
legal person
> rather than
an individual employee, has taken or 
implemented
> to protect the
personal information and the sensitive
> 
personal information. The
focus is on systems and procedure
> by the 
organisation rather than on
the individual employee.
> To be sure, the 
individual employee has a
role, and that is
> emphasised in the ico's 
guidance.  However, the
act is
> clearly focused on the data 
controller, the organisation,
>
rather than the individual.
>
> So why 
is this an issue as the two can
be harmonised to give
> a robust data 
protection system covering
individual and
> organisation?  The danger, 
would appear, is that an

> organisation can look at caldicott and 
focus so much on the
>
individual's responsibility that it can absolve 
itself of any
>
corporate or managerial responsibility. If the 
caldicott
> principle
is violated, it is down to the responsible 
individual.
>
> Is this too
crude of analysis? I do not know, but it 
may be a
> contributing
factor in explaining, perhaps, why the medical

> and general social
care functions seem to have a higher
> number of 
data breaches.
>
> I
would be interested in how others see this 
tension.
> Apologies if
this has already been discussed on the list. If

> so point me to the
relevant period.
>
> Thanks
>
> Lawrence
>
> 
Lawrence W. Serewicz
>
Principal Information Management Officer
> Room 
4/140
> Durham County
Council
> DH1 5UF
> 0191-372-8371
>
>
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protect our environment
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