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5856 results in Facet Publishing

Page 257 of 293

  • 2 - Knowing yourself as a leader

  • Sue Roberts, Jennifer Rowley
  • Book:
    Leadership
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    29 February 2008, pp 23-54

  • Summary

    Learning objectives

    After reading this chapter you should be able to:

  • ☑describe and reflect on your personality and interpret the consequences for your leadership approach

  • ☑understand and be able to apply the concept of leadership traits to yourself and others

  • ☑understand and be able to apply the concept of leadership styles to yourself and others

  • ☑appreciate the role of communication and impression management to leadership

  • ☑understand the role of emotional intelligence in leading others

  • ☑engage in the debate about the impact of gender on approaches to leadership.

    • Introduction

    This chapter encourages you to think about and evaluate yourself as a leader. By exploring several of the basic leadership concepts and theories it provides you with some tools for describing and analysing your leadership approach. The chapter starts by considering your personality, arguing that personality has implications for the leadership approaches with which we feel most comfortable, both in terms of adoption of our own leadership style and in terms of the leadership that we prefer from others. The two subsequent sections introduce traditional approaches to discussing leadership using leadership traits and styles. Although some would argue that these approaches are simplistic they are still widely used in popular discussion of leadership and can help us to think about what we mean by leadership. The next sections explore key aspects of leadership approaches including communication and emotional intelligence. Finally the chapter opens the debate on the issue of gender in leadership.

    Personality and leadership

    Before we can understand the approaches that we and others adopt as leaders it is important to understand leaders and potential leaders as people. Theories about personality are one way of understanding who we are, how to describe ourselves, and recognizing how we differ from others. Personality describes the properties of our behaviour that are stable and enduring and which distinguish us from others. There is a widespread belief that personality is related to job performance and career success.

    A number of personality theorists have attempted to create a description of the components and structure of personality. There are two main approaches, those that focus on personality types and those that focus on personality traits.

  • Introduction

  • Sue Roberts, Jennifer Rowley
  • Book:
    Leadership
    Published by:
    Facet
    Published online:
    08 June 2018
    Print publication:
    29 February 2008, pp vii-xii

  • Summary

    This book offers an open invitation to all professionals and aspiring professionals in information management to reflect on and engage with the development of their leadership role and contribution. Our underlying assumption is that leadership is beneficial at all levels of an organization, and has both internal and external facets. Leadership is relevant for a wide range of roles and can take a number of different guises. Leadership development involves developing capacity to provide leadership in a range of different contexts. It includes developing the leader's own capacity, as well as acting as a catalyst, facilitator and coach to others in the development of their leadership potential.

    Leadership capacity is required at all levels of the information profession. Within the information profession there are concerns about the availability and development of top leaders who may provide leadership to significant library and information services, and commercial concerns in the information industry, and in addition shape their community's vision in relation to the importance of a professional and well-informed approach to information and knowledge policy and strategy. There is also concern about leadership capacity within information services. Professional staff, without necessarily having a formal management role, may be called on to lead an interdisciplinary team in aspects of its development of digital citizenship or e-learning, or they may have a supervisory role in relation to tasks or a small group of individuals. All of these roles require leadership, and demand that individuals develop their leadership capacity.

    Just in case you are thinking that leadership is not for you, we urge you to linger a little longer. Not all leaders recognize that they aspire to be leaders. Some leaders are driven by more specific agendas. They may want to be a good and successful manager. They may have a drive to make a difference. Alternatively, they may enjoy change and learning. These orientations may inadvertently place them in leadership roles; they may be surprised to find that others are following them, but when this happens in order to take forward their agenda they have to be prepared to accept the responsibility for their followers and take up the mantle of leadership. Others aspire to leadership because they welcome the opportunity to develop and inspire other people or because they welcome the status, control and power that they perceive to be associated with leadership.

  • 17 - Interaction of the legislation

  • Alan Stead
  • Book:
    Information Rights in Practice
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 January 2008, pp 181-184

  • Summary

    Introduction

    If you have read this book from the beginning, you will by now have a reasonable idea of how each of the three main enactments work. As has already been stated, none of them operates independently. The concept of a jigsaw in which each piece has its own identity but links with the others, so that only when they come together can the complete picture be seen, has already been mentioned. In this chapter you will see how each of the Acts needs reference to the others and how this is even written into the legislation and the codes of practice.

    Access to personal data

    Both the Freedom of Information Act and the Environmental Information Regulations refer to the Data Protection Act. They both make it clear at section 40 and regulation 13 that if the information falls under the definition of personal data as described under the Data Protection Act, then this is the legislation under which it should be handled. However, if the information is third party data, then, providing it relates to the public sector, the other two Acts may apply. Certainly information relating to deceased persons falls under the Freedom of Information Act but in this case reference to the Human Rights Act is necessary before it can be supplied. Reference to information about public sector officials is a very grey area insofar as an individual's expectation of privacy under the Data Protection and Human Rights Acts may be overridden by the public interest in releasing the data under freedom of information.

    The Data Protection Act is the only legislation that overrides the Environmental Information Regulations when it comes to restrictions on releasing information.

    Human rights

    As was seen in Chapter 16, the Human Rights Act is the basis of all the legislation on information rights. The right of privacy is continued in the Data Protection Act and, for deceased persons, in the Freedom of Information Act. Without the Human Rights Act there would not have been the Regulation of Investigatory Powers Act, which also gives rights of access to personal information and overrules those sections of the Data Protection Act.

  • 2 - Data Protection Act 1998

  • Alan Stead
  • Book:
    Information Rights in Practice
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 January 2008, pp 7-12

  • Summary

    Introduction

    ‘Probably one of the most complex enactments on the statute book’, says a judge in the UK Court of Appeal. As you have already seen this Act has evolved from European Directive (EC) 95/46, so the ultimate point of appeal is to the European Courts. It is primary legislation which has a big impact on all of our lives regardless of where we work.

    The danger comes when individuals either disregard the Act completely or apply it where it should not be applied. It is not here to stop people working or sharing data, but to protect personal data and allow access to most of that which is held by authorities or companies.

    Some high-profile cases in the courts have raised awareness of the Act and indicated where it can protect data and even where it cannot. Cases that are of interest include Douglas and others v. Hello! Ltd [2003]. Here photographs were taken of a celebrity wedding which were claimed to be in breach of the Act. This was an interesting case as it was argued that privacy had not been breached because another magazine was already taking photographs of the wedding with a view to publishing them. Another was the matter of Regina v. Huntley [2005], better known as the Soham murders, where a police force wrongly claimed that data on the defendant could not be shared under the Data Protection Act 1998 and there was a lack of a clear retention policy for documents. This case was followed by an in-depth study of the way that the Huntley information was handled, and resulted in revised procedures for handling data in the public sector (Bichard Inquiry, 2004).

    The government is concerned that the Act is getting a bad name. It could be very easy for individuals to hide behind the legislation and claim that they do not want to release information because they cannot do so under the Data Protection Act. It should be remembered that the Act only covers personal data – as it is defined in Chapter 3, and that its purpose is not to inhibit data sharing – and that it can not only help to protect an individual's data but also help data sharing by ensuring all the necessary safeguards are in place, making the data reliable in a court of law.

  • 14 - Disclosure logs

  • Alan Stead
  • Book:
    Information Rights in Practice
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 January 2008, pp 145-150

  • Summary

    Introduction

    There is no legal requirement for any public authority to have a disclosure log although a Best Practice Guidance on the subject was issued by the Department for Constitutional Affairs in December 2005.

    An individual can make a request under the Freedom of Information Act 2000 or the Environmental Information Act 2004 for information held by a public authority and they must be told, in most cases, whether or not the information is held and, if information is withheld, the reasons why it is withheld.

    The authority probably already has a record of the requests it has received and how they were handled, including the date of receipt and the response given. This might be anything from a paper record to a fully comprehensive workf low management system on the computer. A disclosure log is the base data extracted from this record and made available to the public.

    Benefits

    Why should this information be made available? The purpose of the Freedom of Information Act and the Environmental Information Regulations is to make as much information available as possible, and frequently the same or similar requests will be made by a number of separate individuals – local authority staff will have lost count of the number of requests relating to topics such as cooling towers, for example. Similarly the courts have recognized that once information has been released under the Freedom of Information Act it is in the public domain, copyright etc. notwithstanding. As requests are received purpose-blind any information that is released can be used for whatever purpose the requester wishes, provided that the copyright laws are not breached.

    A disclosure log can make information available to a wider audience as repeat requests can be directed to the log. Information made available in this way is eligible for a section 21 exemption (see paragraph 10.2.1, Chapter 10). This will save time for the authority in providing the information again (unless it has changed substantially) and enable a faster response to the requester.

    Providing information freely in this way also helps dispel the perception of secrecy that often surrounds the public sector. Those who wish to know how an authority is handling certain matters can have easy access to items in the the decision-making process which another person has already requested.

  • 5 - The data protection principles

  • Alan Stead
  • Book:
    Information Rights in Practice
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 January 2008, pp 29-44

  • Summary

    Introduction

    The eight data protection principles form the backbone of the legislation and when discussing data protection issues it is often necessary to keep referring back to them and establishing the appropriate principle to apply. They are all listed in Schedule 1 to the Act but frequent reference to the main sections of the Act is needed for clarification. They are also shown in Appendix 1 of this book.

    Section 4 of the Data Protection Act states that

    References in this Act to the data protection principles are to the principles set out in Part 1 of Schedule 1.

    The principles as listed in the Schedule are:

  • 1. Personal Data shall be processed fairly and lawfully and, in particular, shall not be processed unless:-

  • a) at least one of the conditions at Schedule 2 is met, and

  • b) in the case of sensitive data, at least one of the conditions at Schedule 3 is also met.

  • 2. Personal data shall be obtained for one or more specified and lawful purposes, and shall not be further processed in a manner incompatible with that purpose or those purposes.

  • 3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are provided.

  • 4. Personal data shall be accurate and, where necessary, kept up to date.

  • 5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or purposes.

  • 6. Personal data shall be processed in accordance with the rights of the data subject.

  • 7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction, or damage to, personal data.

  • 8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. (DPA 1998, Schedule 1)

    • It is possible that more than one principle may apply to any set of personal data and therefore the principles are not mutually exclusive. In this chapter we will look at each of these principles in some reasonable depth and see how they can be applied in practice.

  • 6 - Access to personal data

  • Alan Stead
  • Book:
    Information Rights in Practice
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 January 2008, pp 45-66

  • Summary

    Introduction

    The rights of the individual to access personal data held about them are probably the most important element of the Data Protection Act. Access to third party data, while covered in this chapter, is also dealt with in Chapter 7 on data sharing. In this chapter we will be examining requests for data on a one-off basis, while in Chapter 7 we will look at sharing data on a regular basis.

    It is important when considering access to establish under which legislation access is requested. To do this it is necessary to refer to the definitions of what is and what is not personal data explained in Chapter 3.

    The first question to be asked is: ‘Does the data requested relate to the individual who is requesting it or does it relate to someone else?’ If the former, then it is relatively straightforward, as we shall see shortly; if the latter, many more safeguards and checks have to be observed.

    Access to the data subject's personal data

    Subject access request

    Section 7 of the Act gives the data subject, the person whose data it is, the right of access to all data held by the data controller about that person (Section 7.1):

  • 7 (1) Subject to the following provisions of this section and to sections 8 and 9 an individual is entitled –

  • (a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

  • (b) if that is the case, to be given by the data controller a description of –

  • (i) the personal data of which that individual is the data subject,

  • (ii) the purposes for which they are being or are to be processed and

  • (iii) the recipients or classes of recipients to whom they are or may be disclosed. (DPA 1998, s. 7(1))

    • These will be recognized as the requirements of the fair processing statement under the first data protection principle (see Chapter 5).

  • 1 - Introduction

  • Alan Stead
  • Book:
    Information Rights in Practice
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 January 2008, pp 1-6

  • Summary

    Overview

    Information rights legislation has been described in the appeal courts as being amongst the most complex laws on the UK statute books; however, it does affect all of us in some way or another. There are those who want to access information about a public authority, or personal data held about themselves by organizations. They may be concerned about the way their personal data is being handled or may want to use data about someone else to process for themselves or to share with others; they may even just be in the street and be being filmed by the town's CCTV system. Everyone is affected by the way in which companies and public authorities handle information. The following chapters will guide you through the legislation in a clear, practical way, giving a greater understanding for both requesters and practitioners in this complex subject.

    A growing number of people are now involved in the implementation of the legislation, particularly in the public sector. Information rights are rapidly becoming recognized as a profession and universities are starting to provide degree courses at both honours and master's levels.

    It is actually a fascinating subject, giving professionals an insight into all aspects of the organization they work for. The Acts themselves are also open to interpretation, allowing the courts and the Information Tribunal to have a wider scope in the way the legislation is interpreted.

    The dangers that hide beneath the pages of the legislation are the deadlines, which are themselves statutory, but which it is often outside the control of information rights staff to meet because other departments may have difficulty in supplying data on time.

    This highlights the need, within public authorities especially, for a change in culture. Gone are be the days when authorities only told people what they wanted them to know.

    Excuses heard for not releasing the information include, ‘They have never had it before’, ‘What do they want that for?’, ‘What's it got to do with them?’

    Problems are sometimes created by the Data Protection Act 1998 being wrongly applied for non release of information. Information rights does affect the whole of the authority and, without full commitment, can eventually result in major embarrassing or even legal consequences.

Information Rights in Practice
  • The Non-legal Professional's Guide
  • Alan Stead
  • Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 January 2008
  • Overstretched professionals in every public authority are grappling with the chalk face implications of a raft of legislation relating to information use. This is the first book to offer a single point of reference and advice, which can be understood by the non-legal professional. The requirements of the relevant legislation are set out together with examples, flow-charts, and diagrams to illustrate and clarify how to apply the law in practice. This indispensable guide is a one-stop shop for all you need to know about information rights law, using relevant case studies to clarify and illuminate these tricky issues. Contents include: Data Protection Act 1998 - definitions of personal data; scope of the Act; the principles; access to personal data and data sharing; and, Freedom of Information Act 2000 and the Environmental Information Regulations 2004 - scope of the Acts; applications of exemptions/exceptions; public interest tests, publication schemes; and, disclosure logs and records management. It also includes: Regulation of Investigatory Powers Act 2000; Human Rights Act 1998; Re-use of Public Sector Information Regulations 2005; other non-information rights-related legislation; interaction of legislation; and, requests for information. A must-have for anyone working with information rights in public authorities and the private sector, this book is also a useful reference point for legal advisers, academics and students of information rights, as well as media professionals wanting to learn and understand how public authorities approach requests for information and the surrounding procedures.

  • 3 - Definitions of personal data

  • Alan Stead
  • Book:
    Information Rights in Practice
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 January 2008, pp 13-20

  • Summary

    Introduction

    The Data Protection Act 1998 only applies to living individuals and describes two different types of personal data. The first relates to most of the data held about individuals and the second to sensitive personal data which it then goes on to define. The first test of data is always, ‘Is it personal?’, and only if this condition is met can the sensitive data test be applied.

    Personal data can be held, as will be seen in Chapter 5, without specific consent of the subject so long as they are aware that the data is being held and why. Sensitive data can only be held with specific consent and this will be examined later in this chapter.

    The definition of personal data is vital to the operation not only of this Act but also of the other main legislation in the information rights set. These remaining enactments both have sections which exempt personal data from their provisions. In the Freedom of Information Act 2000 this is section 40 and in the Environmental Information Regulations 2004 it is regulation 13.

    The Act itself leaves this area open to some interpretation. Section 1(1) describes personal data as follows:

    ‘Personal data’ means data which relate to a living individual who can be identified

    (a) from those data, or

    (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about an individual and any indication of the intentions of the data controller or any other person in respect of the individual.

    (DPA 1998, s. 1(1))

    Deceased persons

    Firstly the Act only applies to living individuals. Data of persons who are deceased no longer come under the Act although there are other laws which relate to this type of data. Examples of some of these are: Access to Health Records Act 1990 (this relates to access by the next of kin to health records of the deceased), Local Government Finance Act 1992 (as it relates to council tax data), and Human Rights Act 1998, Article 8 of Schedule 1 (this article, lifted from the European directive, gives everyone the right to respect for his private and family life, his home and his correspondence).

  • 15 - Records management – Section 46 code of practice

  • Alan Stead
  • Book:
    Information Rights in Practice
    Published by:
    Facet
    Published online:
    09 June 2018
    Print publication:
    31 January 2008, pp 151-168

  • Summary

    Introduction

    Records management is a complete and complex topic in its own right and there are many books and papers already written on the subject. It is not the intention here to replace these publications but to explain, using the code of practice issued under section 46 of the Freedom of Information Act 2000 and guidance issued by The National Archives as a basis, how a public authority must apply the basic principles of records management in the context of information rights.

    Good records management is the keystone to the effective management of information rights legislation. Without well-managed records the information that is requested cannot be accessed. A speaker from The National Archives, Susan Healy, states that ‘Records management can survive without information rights but information rights cannot survive without records management’.

    There are specific requirements for records management under the information rights legislation. The Data Protection Act 1998 requires under data protection principle 3 that data are adequate and not excessive, under principle 4 that they are accurate and up to date, under principle 5 that they are not kept longer than is necessary and under principle 7 that they are safeguarded from unauthorized access and use. All of these are elements of good records management which are ref lected in the code of practice on records management that the Freedom of Information Act 2000 (section 46) required the Lord Chancellor to issue. The Environmental Information Regulations 2004 also contain requirements affecting records management: regulation 4, for example, requires information to be organized so that it can be easily disseminated and available electronically.

    Any organization, whether it is a major public authority or a doctor's surgery, needs to be able to access accurate and reliable records and the code sets out the good practice to achieve that end as well as to support compliance with information rights legislation. Although the code of practice is intended for public authorities covered by the Freedom of Information Act and other bodies that are subject to the Public Records Acts, it is a useful guide and framework to build the management of records in all organizations. It must not be seen as just another code which has to be complied with, but as an invaluable aid to successfully managing records.

Page 257 of 293