The Information Commissioner's
Office (ICO) is urging organisations not to hide behind the
Data Protection Act unnecessarily when dealing with data requests
from individuals.
The ICO's call comes during Stupid Aid Week (1-5 September),
which highlights common misunderstandings such as the belief by
some organisations that data protection stops them giving out any
personal information, or prevents them from dealing with certain
types of enquiries.
A guide called "Overcome stupidity in the world around you" is
being launched during
Stupid Aid
Week by the Flexible Thinking Forum. It is written by Andy
Green, a creativity expert.
Examples of data protection "duck outs" include parents not
being allowed to take photos of their child at a nativity play,
teachers unable to promote the successes of pupils in the local
media, and priests prevented from praying for an ill person by name
during mass.
David Smith, deputy commissioner at the Information
Commissioner's Office, said, "All too often we hear of cases where
organisations have not properly thought through whether they can
respond to enquiries from individuals. They have simply said no and
used data protection as a duck out.
"The Data Protection Act does not impose a blanket ban on the
release of personal information. What it does do is require a
common sense approach. It should not be used as an excuse by those
reluctant to take a balanced decision."
He said the Act can be undermined when it is used in a way that
defies common sense.
Examples of data protection myths:
The Data Protection Act stops parents from taking photos in
schools
Under the Data Protection Act an insurance company cannot send
out a claim form if it has been requested by someone other than the
policyholder, such as the policyholder's wife
The Data Protection Act stops parents from finding out their
children's exam results
The Act prevents priests from naming sick parishioners during
church prayers
>>http://www.computerweekly.com/Articles/2008/03/12/229835/sharpen-up-your-data-protection-act.htm
>>http://www.computerweekly.com/Articles/2008/03/10/229792/government-departments-cannot-prove-they-comply-with-data-protection-act-says-identity.htm