Er, no, you missed some things. Friend is self employed. And the
information was delivered under the privilege that I mentioned earlier.
There is no employment law at issue here. Friend, A, and B are each
distinct entities.
None of them is anything to do either with any local authority
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graham Hadfield
Sent: Thursday, August 19, 2004 3:49 PM
To: [log in to unmask]
Subject: Re: [data-protection] A conundrum
I think we are probably more in the area of employment law here than DPA.
As it happens I'm currently working on Corporate Governance matters and have
just been reading/revising our Constitution and Codes of Conduct (I'm
assuming that the schools are public sector rather than private sector).
By disclosing information which belongs to his employer to B, A has almost
certainly broken the Officer Code of Conduct for the local authority which
employs him - which means he is subject to the disciplinary processes of the
authority, including dismissal.
If the local authority were to penalise your friend following a SAR, rather
than properly following its disciplinary procedures, it could well be laying
itself open to a complaint, which would eventually go to the Local
Government Ombudsman if the authority did not resolve it. If any members
were involved in such a decision then they could be reported to the
Standards Board for England.
Graham
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