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Just had a telephone conversation where I was refused his colleague's name as he didn't want to breach the data protection act.

Is this correct?

It was a council btw.


 
Posted : 07/08/2013 11:24 am
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Anybody?


 
Posted : 07/08/2013 1:21 pm
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I think there's no DPA issue with him giving out his colleague's name... he may actually mean that it's against policy. These are not the same thing 😉


 
Posted : 07/08/2013 1:25 pm
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My understanding is that he is breaching it by not giving it upon request as it's local authority...

Am I way off?


 
Posted : 07/08/2013 1:48 pm
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Depends on the context and why/if you needed to know that name, I would say.


 
Posted : 07/08/2013 1:50 pm
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People just use it as an excuse to be awkward. I suspect 99.99% of people quoting the Data Protection Act know bugger all about it.


 
Posted : 07/08/2013 2:00 pm
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I suspect 99.99% of people quoting the Data Protection Act know bugger all about it.

Agreed in full.


 
Posted : 07/08/2013 2:02 pm
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CaptainFlashheart - Member
Depends on the context and why/if you needed to know that name, I would say.

To include them in written correspondance, nothing more sinister and it was business related but not selling.

People just use it as an excuse to be awkward. I suspect 99.99% of people quoting the Data Protection Act know bugger all about it.

Absolutely.


 
Posted : 07/08/2013 2:05 pm
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Possibly to avoid it going to a specific person rather than a department who deal with such things?
I've been in touch with one of our customers in the past regarding payment and when asked who I needed to speak to I was told "we have a no name policy here". Gee thanks. 🙄


 
Posted : 07/08/2013 2:23 pm
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Similar situation bigyinn. Thing is policy afaik cannot be seen to override law.


 
Posted : 07/08/2013 2:27 pm
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I was told "we have a no name policy here"

Should have asked for his number then...

IGMC


 
Posted : 07/08/2013 2:34 pm
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you: "can I have your colleague's name"
him: "no, it's against the data protection act"
you: "really? can you explain why?"
him: "no, that would be against health and safety"


 
Posted : 07/08/2013 3:21 pm
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My understanding is that he is breaching it by not giving it upon request as it's local authority...

Am I way off?

Not a million miles, but still off - I think you're probably confusing the DPA with the Freedom of Information Act which Local Authorities (and other statutory bodies) are subject to. I'm not an FOIA expert, but I'm not sure that the names of individual officers would fall under the FOIA though.


 
Posted : 07/08/2013 3:26 pm
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You should have asked to speak to the Data Protection officer. Every organisation like a council has one.That would have flummoxed him/her.


 
Posted : 07/08/2013 3:30 pm
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Cheers edlong, i suppose the FOIA and DPA are connected to an extent.

😆 @ brakes


 
Posted : 07/08/2013 3:34 pm