Following the findings of the Data Protection Commissioner in the case that Amanda Jones brought against Clavis Primary School to the effect that it was illegal to force employees to give fingerprints for attendance, the Union at Clavis has circulated the following communique. LALIT calls on workers in all sectors where fingerprinting has been introduced for attendance purposes to negotiate with their employers so that they be provided with an attendance book so as to be in line with the Data Protection Act. The police have been asked to investigate both the Clavis bosses and the Alteo bosses. Note that the main Clavis boss is also the main boss at the La Sentinelle press empire. This means that the Clavis Union deserves respect for taking on not only their employers but also the biggest press empire in the country.
Here is the Press Communiqué issued this morning:
“The Clavis International Primary School Employees Union wishes to make it clear that the whole staff was informed that fingerprinting would become compulsory for staff as from the beginning of 2013. In February 2010, when fingerprinting first started, staff members expressed concerns about it and there was a dual system of signing in book as well as fingerprinting to record attendance.
“The staff was not informed at any time by Management of all the implications concerning the implementation and use of the fingerprinting system as required by section 22 of the Data Protection Act, namely:
1 The necessity of the collecting fingerprints;
2 The purposes of collecting fingerprints;
3 The intended recipients of the data;
4 The name and address of the data controller;
5 The consequences for the data subject if the requested data is not provided;
6 The right of access to, the possibility of correction and destruction of the personal data collected.
Further, bysection 24 of the Data Protection Act, provides as follows:
(1) No personal data shall be processed, unless the data controller hasobtained the express consent of the data subject.
We are now discussing with Management the question of compliance with the Data Protection Act regarding “informed and valid” consent,bearing in mind the issue ofrespect for our fundamental human rights.
Dini Lallah,President of the Clavis International Primary School Employees Union