If the statements were take by your Director in circumstances ammounting to
legal priviledge, it would help - and you should not disclose them. I'ld
fight to keep the information secure until ordered to produce the
information via a court order.
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 1 February 2001 14:41
To: [log in to unmask]
Subject: Subject Access - Disclosure
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
________________________________________________________________
This e-mail is privileged, confidential and subject to copyright.
Any unauthorised use or disclosure of its contents is prohibited.
The views expressed in this communication may not necessarily
be the views held by the Scottish Borders Council.
_________________________________________________________________
NOTICE AND DISCLAIMER:
This email (including attachments) is confidential. If you have received
this email in error please notify the sender immediately and delete this
email from your system without copying or disseminating it or placing any
reliance upon its contents. We cannot accept liability for any breaches of
confidence arising through use of email. Any opinions expressed in this
email (including attachments) are those of the author and do not necessarily
reflect our opinions. We will not accept responsibility for any commitments
made by our employees outside the scope of our business. We do not warrant
the accuracy or completeness of such information.
|