Duncan
To qualify as an 'exempt decision' the decision must meet the conditions in
subsections (6) and (7). I think your contract with the agency means you
are caught by 12(6)(a)(iii), but could it be said that they are granting
your request (12(7)(a)) or, failing that, have they taken steps to safeguard
your legitimate interests by allowing you to make representations
(12(7)(b))?
Stuart Lynch
-----Original Message-----
From: Duncan S Smith [mailto:[log in to unmask]]
Sent: 07/09/2000 18:31
To: Data Protection discussion group
Subject: Rights relating to auto decision making
Has anyone else immersed themselves in this one?
My problem:
Company A maintains a database of registered consultants with whom they have
a contract. When the need arises (a client informs Company A it requires the
services of a consultant), Company A queries it's database to find the best
match. This processing may not be solely by automated means, but I heed the
advice of this list by not relying solely on 'solely' as an exemption!
As a registered consultants my livelihood could be affected by decisions
based on the data held on the database, and consequently I seek to know the
logic behind a decision process when I am apparently 'passed over for a job'
(no this is not me having a strop!).
This would seem a perfectly reasonable use of a data subject notice i.e. to
get them to reconsider Section 12 (2) (b)
Company A writes back and says "sorry, this was an 'exempt decision' as it
was part of the process of performing our contract with you 12 (6) (a)
(iii)"
So, what's the point of granting an individual these rights if they are
(apparently) so comprehensibly exempted?
TIA
Duncan S Smith
Principal Consultant
e-mail: [log in to unmask]
gsm: +44 (0)777 556 8180
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