Duncan Smith on 20 October 2004 at 15:13 said:-
> So yes I could "hide behind confidentiality", and indeed may
> wish to do so
> for very valid e.g. personal safety, reasons. Although I'm
> not suggesting
> that is the case in the scenario Gwenan put forward.
Personal safety indicates an exemption.
Considering 'servant or agent of the data controller' as indicating the
norm, both scenarios could be correct, so a decision based on the actual
circumstances would be required.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Duncan Smith
> Sent: 20 October 2004 15:13
> To: [log in to unmask]
> Subject: Re: Consent
>
>
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>
> Chris, your comment ...
>
> "The promotions board are not third parties, they are clearly
> acting on
> behalf of the data controller as either employees or agents,
> so the have no
> way of hiding behind confidentiality"
>
> ... may not be correct.
>
> To my knowledge neither the common law of confidentiality nor
> the requisite
> parts of the Data Protection Act 1998 are over-ruled by
> consideration of who
> is, and is not, the data controller.
>
> If an individual puts in a SAR to a data controller, who in
> meeting their
> legal obligations may disclose information about any third
> party i.e. not
> the data subject, then great care should be taken to
> understand what consent
> is in place to disclose, and what implications disclosure (or
> otherwise)
> would have on both the requestor and the third party.
>
> So yes I could "hide behind confidentiality", and indeed may
> wish to do so
> for very valid e.g. personal safety, reasons. Although I'm
> not suggesting
> that is the case in the scenario Gwenan put forward.
>
>
> Regards,
>
> Duncan S Smith
> Managing Director
> iCompli Limited Northampton UK
> T: 08707 70 48 66 F: 08707 70 48 69 M: 07775 56 81 80
> Mailto:[log in to unmask] Web: www.icompli.co.uk
> "Compliance in your language"
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