Data Protection
Monday, November 19th, 2007I can’t think of a single piece of legislation that I come into contact with which is more misunderstood than the data protection laws.
I’ve lost count of the number of times my phone has rung and the person on the other end has started asking me for private data “in order to comply with the data protection act”. Do these people really not get it, if you’re calling me, on my number, from a number that I don’t recognise, your identity is far more questionable than mine.
Today has been an interesting day from a data protection point of view
- I got an email from a customer asking for our bank details in order to pay an invoice. “I destroyed the last ones for Data Protection.” he states. Our bank details are on our invoice, a document he’s legally obliged to keep. The bank details are still relevant as he knew he had another stage payment to make on his project. Finally, the data doesn’t relate to a person (but a company) and therefore is not covered by data protection legislation.
- Broxtowe Borough Council informed me that they’ve looked into the data protection situation carefully and they may be able to give me access to some data that I requested after all. This relates to the Beeston Business Forum, an collaboration of local businesses and the local council of which I am currently the chair. Attendance at meetings is poor and my research into the reasons seems to show a combination of apathy and invites not reaching people. The council takes responsibility for sending out the invites, but every time I’ve requested to see the list of people it goes out to I’ve been told “You can’t see the list for data protection reasons”. This is crazy, the only personal aspect is the name of the contact at each business, and this data relates to the membership of an organisation which I chair. I’m pleased to hear that they’ve changed their minds and look forward to finally finding out who gets invited to meetings.
- I attended a BCS seminar “Data Protection and Compliance in Context” presented by Stewart Room. Stewart is a Barrister, a partner with Field Fisher Waterhouse, the chair of the National Association of Data Protection and Freedom of Information Officers (NADPO), a member of the BCS Information Privacy Expert Panel, a visiting lecturer on Computer and Communications Law, Queen Mary, the University of London and the author of the BCS book
of the same title. It made a pleasant change to hear somebody knowledgeable talking about data protection rather than the usual misinformed garb I hear. I found it interesting to hear about how case law has changed with regard to data protection, how the government is trying to steer the information commissioner and how technology should be viewed as the solution rather than simply the problem.
This last point fits in with something I was saying to a potential customer last Tuesday. My recommendation was to use a web based database solution in a particular situation, something we often advocate at Touchlight Systems. She asked about the data protection consequences of such a solution, my response was that I felt it would help compliance much more than the current method of emailing back and forth of access databases.