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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14615
Experience:  30 years as a practising solicitor.
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Golf Club AGM, Scotland, none, It has come to light that a

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Golf Club AGM
JA: Where is this? It matters because laws vary by location.
Customer: Scotland
JA: What steps have been taken so far?
Customer: none
JA: Anything else you want the Lawyer to know before I connect you?
Customer: It has come to light that a member recorded the entire meeting without intimating to anyone in the room that he was using an i-pad to do so.

That is a breach of privacy and data protection. A meeting of members of a private club is still a meeting of a public nature and this person is essentially collecting data illegally and without either the consent of the club or with lawful authority under the DPA. Interestingly the data collected would be admissible in any civil court proceedings which might result from any dispute between the member and the club and there is authority for that mainly arising from past employment law cases. You should consider changing the rules or constitution of the club making it a disciplinary offence to record within the clubhouse or at meetings without the consent of those present. I hope that helps. Please leave a positive rating so that I am credited for helping you today.

Customer: replied 6 days ago.
Thankyou, that is helpful.
The individual has at the same meeting been elected to Committee as an office bearer - Club Vice Captain.
Acting on his own initiative, without knowledge and therefore permission of the Committee, he has forwarded access to number of files of Club business to a third party - The representative of the Limited company who operate the golf course but sit completely separating from the Members Club. The recording of the AGM was part of this suite of reference files. Does that change the legal position?

No it doesn’t but it suggests a serious breach if fiduciary duty to the members club and a conflict of interest.

 

Customer: replied 6 days ago.
Thankyou. We will look to changing the club constitution as per your advice above.
Customer: replied 6 days ago.
Our constitution currently states:
Any Committee member must cease to hold office in any one or more of the following events:
(F) If the conduct of any Committee member appears to endanger the character, interests or good of the club.
Would there be sufficient reason to invoke this action using the example described above?
That’s a general clause and I would advise a change in the constitution but for present purposes this would do. The relevant part is interests or good of the club.
Customer: replied 6 days ago.
The interpretation at this end was that the initial act of recording without permission would “endanger the character of the club”. We were proposing to take action then before even it was discovered that the recording had been shared further. Would that have been appropriate?

I’m not sure how the act of recording would endanger the character of the club but if there is a reasonable belief that that is the case then that’s fine.

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