Yes, the £10 fee can apply to subject access requests on personnel files if you want.
However, we are also obliged to be more proactive in ensuring employees know whats going on with their information and to ensure that the information is correct. I have seen some guidelines suggesting we should be handing out copies of all personnel records on an annual basis to meet these requirements.
I'd be interested in other views on this.
Tommy Kennedy.
>>> Finance Compliance Unit <[log in to unmask]> 08/23/00 11:15am >>>
Doreen
As far as I am aware there is no legislation which entitles employees to see
their personnel record. Employees had a right to see computerised data
about themselves under the 1984 Act, and the 1998 Act continues this right
with the addition of structured manual records - there has been some debate
about what constitutes a structured manual record, but a manual personnel
file in an employee's name would more than likely be classed as a structured
manual record.
The legislation you may be thinking of is the Access to Personal Files Act
1987, which was not related to personnel records, but covered records about
clients held by local authority Social Services and Housing departments. As
you said, this Act was repealed by the new DP Act, and such files are now
categorised as Accessible Records. The usual Subject Access conditions now
apply to such records, including the £10 (max) fee.
Stuart Lynch
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 23/08/2000 09:56
To: 'Gordon Dunbar'
Cc: [log in to unmask]
Subject: RE: right of access
I may be wrong but I would have thought all employees are entitled to see
their files (without paying £10) - (Access to Personnel Files Act) but Data
Protection Act of course supersedes that. Please correct me if I am wrong.
> -----Original Message-----
> From: Gordon Dunbar [SMTP:[log in to unmask]]
> Sent: 20 August 2000 17:51
> To: [log in to unmask]
> Subject: right of access
>
> I would be most grateful for any help in pointing me in the right
> direction to the question below:
>
> In what way doest the Date Protection Act provide an employee of a local
> authority with access to information contained ( and to be retained) about
> them following a Disciplinary Investigation that later concluded that
> there was no case to answer?
>
> Any help will be much appreciated.
>
> Gordon Dunbar
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