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Posted By Steve Williams
Can anyone give me some advice on the Data Protection Act.
If an individual has an accident at work (in this case a first aid injury), is reporting on the details, and mentioning the individuals name, in a monthly bulletin/newsletter (which is issued to all staff) a breach of the Act or just bad practice to 'name and shame'.
I always report on the details of the accident (omitting the name) but by the time the newsletter is published the MD has overruled and named the individual.
Thanks
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Posted By Mark Talbot
There are certain exemptions from the act see:
http://www.informationco...ntual.aspx?pg=SR&cID=702
...but... I think such action as naming in a newsletter is stretching "securing" a bit.
There are also patient confidentiality issues which I think are mainly covered by civil law precedent.
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Posted By David A Jones
The naming of an individual in such a manner without their consent is in my view a breach of the Data Protection Act and the individual could rightly make an official complaint etc in this respect.
I can understand that you may wish to bring to the attention of others the causes of the incident etc through this route but naming the individual is not required in order to get this message across.
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Posted By Cr8r
Steve
I had this exact thing at a previous employer. I mentioned it in the first management meeting I was present at and they looked at me like I was mad.
My thoughts - if it was ok to tell everyone who did what, where and to which bit of their body, why have we got the "new" accident books where this info is torn out?
Anyway, this sort of "naming and shaming" only achieves a negative response and will encourage non reporting of accidents.
Why not ask the MD what the difference is between naming and not naming - surely it is more positive not to name?
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Posted By Bill Elliott
There may also be some HR issues here - such behaviour may be cited as constructive dismissal, if the individual feels unable to continue to work as a result of the naming!
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Posted By Stephen Clark
Steve,
yes i can confirm that it would be a breach. You must first get the employees consent before posting the details you describe. Unless, it is written into the employment contract that they have already signed.
Simply, any information that could identify a living person cannot be disclosed without prior consent. Also, all such information, wherever stored in your organisation, e.g. on your pc/laptop must be declared on your central register so that if a request for all information held is made by an employee, you can retrieve it.
PS, depending upon your business status, your company may not need to be registered under the DPA. If for example you worked for a transport company who delivered to peoples homes and therefore you hold information about them e.g. name and address, you would need to be registered.
Good luck Steve
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Posted By Jim Walker
I'm with Bill on this - if my company "name & shamed" me, I'd "walk & sue".
As most accidents are down to management failure, is your MD OK to about being "named and shamed" as a contributory cause for every accident that your newsletter publishes.
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Posted By Diane Thomason
I agree with Jim, and would suggest that this MD needs some training in H&S. He clearly doesn't understand that the company's H&S performance will not be improved by a "blame culture" - and public blaming has to be worst of all.
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Posted By Stuart Nagle
Gents I find the above interesting stuff. I though the data protection act was to protect data, not necessarilly names e.g. addresses, telephone numbers, marital status, bank account details for salary payments etc etc...
Would it be a sin to name individuals but not corresponding to the accidents, so no one would know, except those involved, what happened to whom?
Usually in a tight knit organisation, most people will be more than aware of what happened and to whom anyway, which kinda defeats the object of the exercise anyway...
your thoughs welcomed...
Stuart
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Posted By MichaelM
It looks to me as if this is a calculated move by the MD to put employees off actually reporting incidents/accidents therefore artificially making the statistics look better than they may in fact be.
Either that or the MD is in fact an idiot (allegedly) with not a bit of knowledge regarding data protection or H&S.
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Posted By Nigel Singleton BSc
Not sure if anyone noticed but local councils are allowed to name and shame litter louts using a photo in the local paper, I think the purpose of the Data Protection Act is not designed to stop you publishing accident records, and if name and shame helps to improve accident figures is that not for the good of the many as required by HASAWA.
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Posted By MichaelM
Did Spock just enter the room?
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Posted By Heather Collins
It's certainly not for the good of the few - or the one.
Seriously I would not publish the name - whatever happened to not having a blame culture where accidents are concerned?
By all means let's learn from past mistakes but let's not blame the employees or they WILL stop reporting accidents.
Heather
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