The issue you face is that one cannot presume that the members of the
committee were ignorant of the law. They do their job as adults and as
adults must be aware of the laws of the land in which they live. It could
be argued that you have a duty towards them and towards all candidates to
make it clear to each part that notes are able to be provided to the
candidate with a formal SAR, but you are not negligent if you do not act on
the apparent duty, and they are unable to withhold consent for their notes
to be released.
My answer, technically, is that you may not refuse to release the documents
even if consent is not forthcoming, and that you have no right to delay to
await such consent since it is not relevant. I "find for the data subject"
here.
Of course the employee might as well resign now, since such an SAR is
unlikely to endear them to the next promotions board, who will know of this
by word of mouth.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
This message is for the intended addressee's use only. It may contain
confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any mis-transmission. If
you receive this message in error, please immediately delete it and all
copies of it from your system, destroy any hard copies of it and notify the
sender. You must not, directly or indirectly, use, disclose, distribute,
print, or copy any part of this message if you are not the intended
recipient. Any views expressed in this message are those of the individual
sender, except where the message states otherwise and the sender is
authorised to state them to be the views of any such entity.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Gwenan Owen
Sent: Monday, October 18, 2004 1:08 PM
To: [log in to unmask]
Subject: [data-protection] Consent
I'd be grateful for the list's opinion on the following:
I've received a SAR from a member of staff following an unsucessful
promotions attempt. The staff member specified that they were only
interested in documents relating to the promotions committee's deliberations
of their case.
As part of our promotions committee procedures members of the committee are
given sheets where they "rank" individuals, having read through the
individuals' submissions and any references. The promotions committee
members were not told in 2004 that their comments might be made available to
the individual concerned (something we are going to change for the 2005
round). Because of this I decided that I would need consent from the
promotions committee members to show their ranking sheets to the individual,
most have agreed a few have not and they've been withheld.
The data subject has challenged my view on this by saying that the process
should be completely transparent, that there is no need for me to ask for
consent from the committee members and the ranking sheets should be made
available to him.
I would be grateful of the list's view on this ...
thanks
Gwenan
--
______________________________________________________________________
Gwenan Owen
Rheolwr Cofnodion y Brifysgol/University Records Manager, Gwasanaeth
Llyfrgell, Archifau a Rheoli Cofnodion/ Library, Archives and Records
Management Service Gwasanaethau Gwybodaeth/Information Services, Prifysgol
Cymru, Bangor/University of Wales, Bangor, Ffordd y Coleg/College Road,
Bangor, Gwynedd LL57 2DG, UK
ffôn/tel: (01248) 38 2413
ffacs/fax: (01248) 38 8194
[log in to unmask]
______________________________________________________________________
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|