Help: Data Protection Act - Company Responsibilities
06 September 2004, 04:20 PM
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Help: Data Protection Act - Company Responsibilities
OK, hypothetical question for you:
If my employer gives my personal details (name and home address - i.e. enough that I can be identified, under the terms of the DPA) to a third party firm (not connected to my employer in any way) to set up a 'staff advantage' shopping scheme without my express permission (i.e. asking for it in advance of the account being setup) - are they in contravention of the DPA?
My personal data would then be held on the 3rd party company website.
Chris
If my employer gives my personal details (name and home address - i.e. enough that I can be identified, under the terms of the DPA) to a third party firm (not connected to my employer in any way) to set up a 'staff advantage' shopping scheme without my express permission (i.e. asking for it in advance of the account being setup) - are they in contravention of the DPA?
My personal data would then be held on the 3rd party company website.
Chris
Last edited by Chris L; 06 September 2004 at 04:22 PM.
06 September 2004, 04:26 PM
#2
In short - yes
Although you may have given your express permission by signing your employment contract if your companys t's and c's of employment state such a thing.
Although you may have given your express permission by signing your employment contract if your companys t's and c's of employment state such a thing.
06 September 2004, 05:01 PM
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Yes! Unless it specifically states in your contract of employment that you give them permission to pass your personal data on to a third party. Which would be a rare thing to find in a standard contract of employment.
If your company has breached the DPA, and the DP commissioner finds them in breach then they're liable for quite a hefty fine! I had to sit data protection tests in work (due to the nature of where I work) but it's staggering the number of companies who do not understand the DPA or adhere to it.
Although personal data is clearly defined it can actually be a complex law in certain circumstances. The company I work for paid £squillions for one of the best DP lawyers in London to assess our working practices and advise us on the new regulations.
If your company has breached the DPA, and the DP commissioner finds them in breach then they're liable for quite a hefty fine! I had to sit data protection tests in work (due to the nature of where I work) but it's staggering the number of companies who do not understand the DPA or adhere to it.
Although personal data is clearly defined it can actually be a complex law in certain circumstances. The company I work for paid £squillions for one of the best DP lawyers in London to assess our working practices and advise us on the new regulations.
06 September 2004, 06:58 PM
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Thanks chaps.
Just a bit more info for you. What if the company has sent a circular prior to setting up the accounts saying what it is doing? It is unclear whether this note actually said 'if you want to opt out etc etc contact HR'. Do they need to do this, or is simply the act of sending the primlinary letter mean they've covered their backside, even if they don't explain what your rights are?
Just a bit more info for you. What if the company has sent a circular prior to setting up the accounts saying what it is doing? It is unclear whether this note actually said 'if you want to opt out etc etc contact HR'. Do they need to do this, or is simply the act of sending the primlinary letter mean they've covered their backside, even if they don't explain what your rights are?
06 September 2004, 07:27 PM
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Originally Posted by Chris L
Thanks chaps.
Just a bit more info for you. What if the company has sent a circular prior to setting up the accounts saying what it is doing? It is unclear whether this note actually said 'if you want to opt out etc etc contact HR'. Do they need to do this, or is simply the act of sending the primlinary letter mean they've covered their backside, even if they don't explain what your rights are?
Just a bit more info for you. What if the company has sent a circular prior to setting up the accounts saying what it is doing? It is unclear whether this note actually said 'if you want to opt out etc etc contact HR'. Do they need to do this, or is simply the act of sending the primlinary letter mean they've covered their backside, even if they don't explain what your rights are?
What was said before is totally spot on
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