The advice on fostering and adoption issued under the previous Act states
that "the term 'unlawful' applies not only to breaches of criminal law but
also to breaches of civil law including for example common law duties such
as confidentiality". A duty of confidentiality can be breached by secondary
use or disclosure of confidential information by local authorities unless
the circumstances are such that there is a legal compulsion or a duty to the
public which requires use or disclosure. ... It is not appropriate for the
DPR to provide definitive guidance on any common law duty of
confidentiality". This may be a bit out of context, but that was the advice
given then.
Allan Yuill
-----Original Message-----
From: Peter Wilson [mailto:[log in to unmask]]
Sent: Thursday, 01 February 2001 14:47
To: [log in to unmask]
Subject: Re: Subject Access - Disclosure
Doreen,
Where a clear duty of confidence arises, disclosure of information without
third party consent is unlikely to be reasonable. Only my view, though I'm
sure I've read it somewhere....!
Peter
Peter Wilson
Data Protection Officer
University of Paisley
>>> "Broom, Doreen" <[log in to unmask]> 02/01/01 02:40pm >>>
All
Help sought! I presently have a subject access request from an employee of
my local authority who has been suspended along with four others. There had
been an incident.
Anyway, the Director of the Department has taken statements from other
individuals in the Department (in confidence). I have spoken to the Senior
Compliance Officer at the ODPC and told him I felt if we did not have the
third party's agreement then we could not disclose the statement especially
as it was in confidence. He replied that there were two individuals to
consider here - who did we owe a duty of confidence to as the person who was
suspended had a right to see any opinions which had been made about him.
I feel in a difficult situation here - surely an investigation is held into
any disciplinary procedure - are they entitled to all statements? or would
this only happen at Tribunal.
Can any of you legal eagles out there help or anyone on this list?
Mnay thanks,
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 824000
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