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Posted By Mike Craven
Hi guys,
Have been asked by legal section to comment on the following scenario.
Planning (Enforcement) Officer is visited at home address by two local (although not known to her) residents, complaining about a local business. Both complainants have been given the officer's home address by a former councillor, who has advised them that she is the enforcement officer and suggested that they pay her a home visit. The person who advised the residents to visit the enforcement officer at home has also made similar complaints themself previously. Planning Officer is upset and concerned about the invasion into her privacy and potential threat to her personal safety.
Have some ideas on how I am going to advise, but would welcome any other thoughts please?
Mike
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Posted By Geoffrey
You've been asked by the legal department to advise on a legal matter which is not H&S related?
Do I smell burning flesh?
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Posted By Laurie
Data Protection springs to mind, or does this only apply to actual official data/records?
Laurie
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Posted By Ken Taylor
Sounds like a breach of confidentiality to me. Councillors' addresses are a matter of public record but not those of officers. The lawyers should act on this.
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Posted By Geoffrey
As an aside (don't want to hijack your thread) but does the employee ever officially work from home?
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Posted By Nick Egan
As your legal dept seem to be on the back foot, I would suggest to the Planning Officer first, that he seeks an immediate injunction on the individual Councillor and the council (his employer I dare say!) to prevent further divulgence your personal information. Then advise he make a compliant to the Information Commissioner for a breach of the Data Protection Act by the council and the councillor. He would probably be able to seek personal damages for the anxiety suffered as a result of the breach by the councillor and his employer. Not to pursue this would undermine the security and safety Local Authority workers and particualrily enforcement officers. I would then advise your legal dept of name of your data protection controller. It should not be required or necessary to explain the health and safety at work act to your legal advisers.
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Posted By Alec Wood
I note that the information was given by a former councillor and not by any party within the employ of, or associated with, the current council. Thus I would suggest that the above would not be entirely applicable in this case which is comparable to me passing on someone I know's address or telephone number to you.
I would be surprised if councillors were not subject to some kind of order, undertaking or contract preventing them from divulging priveliged or sensitive information and that this would be written so as to be a continued undertaking beyond their term of office. The inappropriate divulging of such information while in office would be judged to be an abuse of privelige, so why not out of office too?
All in all though, I fail to see the H&S law issue in all this and why your legal department are not sorting this out themselves.
Alec Wood
Samsung Electronics
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Posted By Geoffrey
Why do I get that twitchy feeling when people move out of the H&S regime and into giving legal advice?
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