More on undressing data protection

My last article on undressing data protection has evidently touched a raw nerve. A number of people have been kind enough to write to agree with my view that employers have, basically, lost the plot if they think that the provision of data protection advice is a task that can only be undertaken by a qualified lawyer.

This email was typical:

“I read your latest blogpost with interest as I have regularly raged against this idea that you have to be a lawyer to do data protection. You didn't quite get into this in the blogpost though so I don't know whether you agree, but what we need is more job ads looking for those with not just practical experience, but the ability to interpret law and apply it in practice, to see all sides of an issue, to come to conclusions based on evidence, to write in plain English and to make decisions - the latter two are beyond most lawyers I know.

I have also noticed that of late all the jobs want legal qualifications and it does worry me. There are those who are clearly up the job but need to start somewhere, so always needing prior experience doesn't help them either. I am thinking particularly of those at the ICO who often leave to go into their first in-house role. Why don't companies see the value in someone who can think and lead strategically, as well as knowing the law?”

If there are any lawyers around, who wish to offer alternative views, then I’ll gratefully acknowledge them. But my post bag is currently exclusively on one side of the argument.

Perhaps we should develop a campaign to remind those bods in HR departments about the skills that a data protection officer really needs to have. A broad mind, an intuitive feeling for what’s fair and transparent, an ability to offer a view, to be capable of expressing it in terms that normal people understand, and a determination to invite people to be personally accountable for their actions should they take a decision to hold a different view. A polite manner with a willingness to understand and appreciate the views of others, before making their decision. And a sense of humour.

What should we call this campaign?

"Data protectors against the legal machine?"

"Common sense not legalese?"

"Rage against the law?"

Image credit:
http://www.artnet.com/usernet/awc/awc_workdetail.asp?aid=425378777&gid=425378777&cid=246653&wid=426165708&page=1 This image, by the artist Spencer Tunic, was created in Peel Park in Salford in 2010. Spencer has not commissioned to create any images of the ICO’s staff, whose office is just up the road in Wilmslow – yet.

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