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Tim,

Just a quick response - this one looks complicated, but ...

Why should an SAR give rise to a position where peripatetic music teacher
loses his position?

I know it would make for an uncomfortable working environment (to say the
least!), but surely a data controller cannot use the receipt of an SAR as
grounds for termination of a contract? TICO would have something to say
about this I hope.

Other options - if libel damages won are likely to be greater than combined
income streams, then go ahead with SAR and libel case; if not, then as Bruce
Lee so eloquently put it, "the reed that does not bend in the wind will
break".


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"


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 19 August 2004 17:11
To: [log in to unmask]
Subject: Re: [data-protection] A conundrum


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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