I suppose I'd be reluctant to accept as competent a subject access request
by an employee who merely wanted access to files he or she had been involved
with as an employee and which had no relevance to that person in any wider
sense.
David Logan.
-----Original Message-----
From: Brown, C. [mailto:[log in to unmask]]
Sent: 23 November 2001 11:35
To: [log in to unmask]
Subject: FW: Re: Definition of Personal Data ("Return of the Jotters")
Given that personal data means 'data which relate to' someone who can be
identified from the data alone OR from a combination of the data and
other information in the possession of or likely to come into the
possession of a data controller, it could be that any documentation
produced on half decent software will be personal data, regardless of
whether the individual is named in the document, because it has a basic
'audit' operating in the background. Check the properties file of any
of your Word documents - it will tell you that you are the author.
But what does 'relate to' mean - if the document is about traffic
control does it relate to the person who wrote it (even though we have
that audit trail)? The definition of data is that it is 'information'
processed by various means so this would allow for such documents to be
personal data.
Then again, in terms of subject access, which bit is in fact the
personal data to which a person has access - is it the properties
information that accompanies every document, or is it the document
itself?
I think it's difficult to avoid interpreting any document produced by me
as being personal data.
But does this mean that all paper information in my office is my
personal data (structured by reference to the individual because the
office has my name on it)?
Craig
_____________
Craig S R Brown
Assistant Data Protection Officer
Registrar's Office
University of Leicester
LE1 7RH
E: mailto:[log in to unmask]
T: +44 116 252 5077
F: +44 116 252 5000
-----Original Message-----
From: David Logan [mailto:[log in to unmask]]
Sent: 23 November 2001 10:51
To: [log in to unmask]
Subject: Re: Definition of Personal Data ("Return of the Jotters")
I had meant all documentary or computer material produced by an employee
in
the course of his or her work. This would include, for instance, letters
issued by the employee, notes of meetings, reports prepared, etc. Here,
we
can readily determine who has responsibility for any given file and
obviously within that file the employee's name will be declared either
in
full (at the end of a copy letter, for instance) or by using initials
which
the employer knows clearly refers only to a specified employee.
Yes, though, I had meant examination scripts are excluded.
David Logan.
-----Original Message-----
From: Hubert, Paul [STU] [mailto:[log in to unmask]]
Sent: 23 November 2001 10:23
To: [log in to unmask]
Subject: Re: Definition of Personal Data ("Return of the Jotters")
I'm not sure what you meant by 'workings', David? (I take it the
'examination' exemption has no relevance here, and we're talking about
handwritten material or other data only stored on paper.) Surely in the
everyday context workings in calculations done for work won't be
personal
data related to the employee unless they are stored in some way that
makes
them "readily accessible" by reference to the employee. I suppose if you
have some kind of index to track the work done by each employee they
would.
If, on the other hand, to relate the work to the employee in that way
would
take a laborious exercise which you would only do in exceptional
circumstances, arguably it would only become personal data in that way
when
you make it so by carrying out the exercise.
I hope this understanding is right - the idea that when I do a benefit
calculation or whatever it could be part of 2 sets of personal data even
though it's filed by reference to one hardly bears thinking about!
Paul Hubert
> -----Original Message-----
> From: David Logan [SMTP:[log in to unmask]]
> Sent: Friday, November 23, 2001 9:24 AM
> To: [log in to unmask]
> Subject: Re: Definition of Personal Data ("Return of the
Jotters")
>
> Yes, they could be either or both. I suspect the Act was never
intended to
> refer to, say, work in progress by an employee for an employer, but,
there
> may be an argument that, strictly, such material would be covered.
What
then
> of, for instance, confidential material given the limited exemptions
to
> subject access requests as set out primarily in Sch 7 to the Act?
>
> David Logan.
>
> -----Original Message-----
> From: Ian Welton [mailto:[log in to unmask]]
> Sent: 22 November 2001 20:06
> To: [log in to unmask]
> Subject: Re: Definition of Personal Data ("Return of the Jotters")
>
>
> David Logan on 21 November 2001 at 17:53 said:-
>
> > are the workings of an employee personal data
>
> Would those workings be classed as part of a work record of the
employee
or
> used in any disciplinary proceedings against the employee?
>
> Ian W.
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of David Logan
> > Sent: 21 November 2001 17:53
> > To: [log in to unmask]
> > Subject: Definition of Personal Data ("Return of the Jotters")
> >
> >
> > Recently I asked whether pupils' school jotters could be said
> > to be personal
> > data. While I may not have agreed with all replies I am
> > grateful to everyone
> > who took the time to give me comments.
> >
> > A related issue has arisen :
> > are the workings of an employee personal data, and if so, to
> > what extent can
> > access to the whole data be refused by the employer?
> >
> > What material would be covered by the answer given (e.g.
> > letters issued,
> > e-mails sent,etc)? Must the workings be "related to" the data
> > subject in the
> > sense that they have something to do with the employee more
> > than that the
> > employee happens to be the author of the material?
> >
> > David Logan
> > Principal Solicitor
> > West Dunbartonshire Council
> >
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