Companies urged to abide by Human Rights

Renowned barrister Kathy Sutton – a specialist in corporate citizenship policy and communications with the Brunswick Group – has urged blue chip companies to "stop burying their heads in the sand" when it comes to complying with Human Rights legislation and enforcing the terms and conditions of the Data Protection Act 1998, writes Ian Drury.

According to Sutton, companies must "learn to work within the legislation's legal framework, despite its complicated, complex and cumbersome nature".

Speaking during the IFSEC Conference Programme, Sutton – who has helped outfits including Group 4 to devise policies in relation to the new legislation – suggested that too many organisations are waiting for problems to arise, rather than investing a little time and resources to prevent them occurring at all.

"It's extraordinary to me to see large companies who wait for problems to happen rather than trying to mitigate them in the first place," said Sutton. "Some organisations will ask 'Why should we bother?', as they deem the legislation to be far too complex and feel that a fine is cheaper than compliance."

Sutton went on to say: "Companies traditionally think about the financial bottom line, but don't always take heed of their corporate reputation. The reality is that, in terms of legal cases at any rate, what I call the Court of Public Opinion can bring them more damage than the legal system."

She added: "What value does a company's name represent? It's those companies who manage the whole issue of Human Rights and data protection that are more likely to generate sustained business success."

Sutton is adamant that the Human Rights Act is a just piece of legislation, although she's quick to point out that there are many myths flying around behind it. "One suggests that this Act represents a field day for libertarians, but individuals and companies have rights under this legislation as well. Rather than being legislation for minorities, it's an Act for all."

She advised the IFSEC Conference that, in fundamental terms, adapting working methods to deal with the legislation is "about common sense, thinking before you act and not always acting in the same old way". Sutton added: "Security professionals may have to start asking some new and awkward questions, but as long as you can justify what it is you're going, and leave a detailed audit trail, you will have been seen to have acted reasonably by a Court of Law."

According to Sutton, the security industry has not had a full-enough history of engaging with pressure groups and other minorities with particular concerns or grievances, thus the legislation does present "a significant challenge" to all.

Nonetheless, Sutton also had an upbeat message for the surveillance sector. "This business has a powerful message to sell about CCTV. To my mind, the industry hasn't gone anyway near far enough as yet. The challenge that lays ahead is for manufacturers and end users to explain that CCTV can help many people live peaceably, and without fear of crime."

Sutton also suggests that both parties must begin to "preach the merits of acting responsibly with the technology, which is now under increasing scrutiny by the judicial system."