Perhaps Newcastle is fair w.r.t the 1984 Act.
However, the 1998 Act also requires any other info which is relevant to
guarantee fair processing (eg fair obtaining).
For example, suppose Newcastle knows that if a person has been convicted of
a particular crime (eg a Sex Offence, crimes of violence), then they will
not be appointed as a member of staff, then surely this fact should form
part of the fair obtaining statement. The argument is that those who have
such convictions do not have to their reveal personal data.
You are beginning to see this idea in the financial world; for example one
form I have seen says "we do not lend to those with CCJs"
Chris
Data Protection News, Cap Gemini UK plc,
95 Wandsworth Road, London SW8 2HG
Tel: +44 (0) 171-917 4362/4704
Fax: +44 (0) 171-917-4666
E-mail: <[log in to unmask]>
or <[log in to unmask]>
> ----------
> From: richard burrow[SMTP:[log in to unmask]]
> Sent: 26 May 1999 12:18
> To: [log in to unmask]
> Subject: Re: Police check forms
>
> We request vetting from the Police in the case of members of staff whose
> appointments may allow them substantial access to children, in accordance
> with procedures recommended by the Home Office, Dep't of Health, and DfEE
> (DES as was).
>
> We request the individual to give their express consent to the Police
> record check, and state that we will advise them of any convictions that
> are disclosed to us. We also state that the information will be destroyed
> after the check has been made, and the employment decision taken.
>
> While the documents make no explicit reference to the DPA, it seems to me
> that the statements referred to above satisfy the requirements.
>
> Richard Burrow
> Assistant Director of HR
> University of Newcastle
>
> ----------
> > From: cpresco <[log in to unmask]>
> > To: [log in to unmask]
> > Subject: Re: Police check forms
> > Date: 21 May 1999 23:57
> >
> > [log in to unmask] wrote:
> > >
> > > We run a number of Health/Hospital/Nursing courses and each student is
> > > required to complete Police Check form.
> > >
> > > The problem as I see it, is the Police check form contains no Data
> > > Protection statement. All it says
> > > 'I understand that I am subject to a police record check etc...'
> > >
> > > My administrators have been told they are not allowed to alter the
> form
> in
> > > any way at all, only scan it in and print it off. Does any else agree
> > > that it should be quite clear what will happen to this information
> after
> > > the check is done etc.? Are police checks taken as read? These forms
> > > are sent to us by each NHS Trust who do not wish to discuss further?
> > >
> > > Any advice gratefulyl received, or if anyone if a member of the Police
> or
> > > an NHS trust on this list perhaps they woudl like to contact me
> directly
> > >
> > > Thanks
> > > Sally
> > >
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> ~~
> ~~~
> > > Sally Justice PHONE : 0171
> 815 6509
> > > Data Protection Officer FAX : 0171
> 815 6599
> > > South Bank University URL |
> http://www.sbu.ac.uk
> > > Computer Services Department Email |
> [log in to unmask]
> > > Borough Road London SE1 0AA Enquiries to |
> [log in to unmask]
> > >
> > > http://www.sbu.ac.uk/cop/dpa/dpa.shtml
> > > http://www.sbu.ac.uk/dpforum/
> > > http://www.open.gov.uk/dpr/dprhome.htm
> > >
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> ~~
> ~~~
> > I would love to know the answer to this. I was told that your new
> > statute makes it illegal to require someone to waive their rights to the
> > confidentiality of these records. In short, are you breaking the law and
> > exposing your institution to liability by demanding a waiver of
> > rights?Anyone have a view?
> > --
> > Charles A. Prescott
> > Vice President, International Business Development
> > and Government Affairs
> > Direct Marketing Association
> > 1120 Avenue of the Americas
> > New York, NY 10036
> > U.S.A.
> >
> > Tel. (1) 212-790-1552
> > Fax. (1) 212-790-1499
> > e-mail: [log in to unmask]
> > website: www.the-dma.org
> >
> >
>
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