News | Sunday, 08 March 2009

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Curia breaches staff’s data protection

David Darmanin
A procedure used by the Archbichop’s Curia to forward its staff’s personal details to a commercial entity has been deemed by data protection authorities as in breach of the law.
A letter sent out by the archdiocese administration last month invites Curia personnel to take advantage of favourable rates offered to them by the church’s official telecommunications supplier – Melita.
Diocesan representative council member Mgr Anton Portelli, who signed the letter, informed the curia’s workforce that he will be disclosing their personal data to the company. The recipients of this letter were instructed to inform the Monsignor’s administrative assistants only in case of objection, and not of approval of the disclosure – as required by law.
“If I do not hear from you, I will take it that you approve of my passing on your details to Melita so they can contact you with regard to their advantageous offers,” he wrote.
Although refraining from making specific reference to this case, an executive compliance officer from the Data Protection Commission contacted by MaltaToday said this practice is in breach of the Data Protection Act.
“Where an employer intends to use or even disclose personal information of staff members for purposes other than the employment relationship, this may only occur with the unambiguous consent of the employee,” the official said. “Consent means a freely given, specific and informed indication by which the individual agrees to the processing of his personal data.
“An organisation should not presume that if an employee does not object verbally or in writing to similar disclosures, he has given his consent to such processing.”
A church official was asked by this newspaper whether the curia considers such commercially driven practices within its realms as appropriate.
“One does not consider obtaining beneficial rates for staff from a supplier to be commercial driven practices,” Charles Buttigieg replied. “Accordingly, one does not feel that the issue of appropriateness of the matter comes up.”
The curia spokesperson also pointed out that it was the church to approach Melita with the idea, and not the other way round. “The same method was used by another local telephony company when launching another service,” Buttigieg said.
The scheme is designed for the sole benefit of the church staff and the telecoms supplier, according to the diocese official, as he denied that any commission is made by the church from subscriptions resulting from this exercise.

ddarmanin@mediatoday.com.mt

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