Presumably the data subject would be aware of the allegations that had been made and of the reasoning leading up to the "Not proven" outcome. There should not therefore be any other information on the file that has not already been disclosed to him/her. If there is, this is not fair processing. To attempt to withhold it under s29 would imply that the company thinks a crime has been or might be committed; does this bear any relation to the actual incident? Why does the company want to withhold the information?
Personal information cannot be held "just in case". There should be a time limit and a review date after which the file will be destroyed.
Leif
>>> "Peter Wilson" <[log in to unmask]> 07/10 11:05 am >>>
Hypothetical Scenario : Company holds a file (containing statements
etc.police not involved)on alleged harassment incident -Not proven.
Company wants to hold on to file in case it happens again. Where does
company stand on subject access request? Can they withhold file under
S29? What does the panel think?
Peter
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