Agree with Chris
> If so (assuming Transitional relief) the right of access is not a
> right until
> 23rd October
Unless
a) part of the data holdings fall under Accessible record under section 68.
Would a subset of medical data held by the employer be caught? My feel is
that this would not apply to any health record held by an employer unless
also used by that employer in connection with care of the individual. e.g.
NHS
b) When was this data controller incorporated / formed - prior to or after
24 October 98? If after I believe the transitional exemptions do not apply
and manual files immediately available.
Both are unlikely, but you should cover your bases when a lawyer involved
;-)
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of
> [log in to unmask]
> Sent: 11 June 2001 16:58
> To: [log in to unmask]
> Subject: Re: subject access request from sick bed?
>
>
> excuse me - isn't this a manual file
>
> If so (assuming Transitional relief) the right of access is not a
> right until
> 23rd October
>
> Hopefully, the employee will have recovered by then
>
> C
>
> -----Original Message-----
> From: [log in to unmask]
> Sent: 11 June 2001 15:56
> To: [log in to unmask]
> Subject: Re: subject access request from sick bed?
>
>
> I was wondering whether the original proposal to let the data subject have
> the
> file to read in a private room included removing references to
> third parties
> first? We used to let staff look at their files but have had to
> modify this
> because of the third party data issue.
>
> Dennis Barrington-Light
> Head of Student Records and Statistics and
> University Data Protection Officer
> University of Cambridge,
> 10 Peas Hill, Cambridge CB2 3PN, UK
> Tel: +44(0)1223 332303 Fax: +44(0)1223 331200
> E-mail: [log in to unmask]
>
>
>
>
> [log in to unmask] on 11/06/2001 15:48:50
>
> Please respond to [log in to unmask]
>
> To: [log in to unmask]
> cc: (bcc: Dennis Barrington-Light/REG/Central-Admin)
>
> Subject: Re: subject access request from sick bed?
>
>
>
>
> I would provide the information A.S.A.P. (removing references to third
> parties etc, as standard) - it isn't worth the risk, even if it takes half
> a day's work.
>
>
>
>
> "Tarling, Jeremy" <[log in to unmask]>@JISCMAIL.AC.UK> on 11/06/2001
> 15:42:54
>
> Please respond to "Tarling, Jeremy" <[log in to unmask]>
>
> Sent by: This list is for those interested in Data Protection issues
> <[log in to unmask]>
>
>
> To: [log in to unmask]
> cc: (bcc: Matthew Nunn/Registry/Southampton Institute)
> Subject: subject access request from sick bed?
>
>
> I would appreciate any views on the following situation that is taking
> place
> within my organisation.
>
> The data subject is an employee that has made a subject access request to
> our Personnel department to see her personnel file. The Personnel
> department agreed to the request and offered a private room where the file
> would be delivered to and the data subject could review the file at their
> leisure.
>
> However the data subject is now on long term sick leave, but is still keen
> that Personnel department fulfil her subject access request. She
> has asked
> that her file be photocopied and sent to her at home for her to
> review from
> her sick bed. Our Personnel manager (rather hastily I fear) refused to do
> this on the grounds that it would take an unreasonable amount of time and
> expense to photocopy the file in question, when a facility to
> view the file
> had already been offered.
>
> Now we have a letter from the data subject's lawyer demanding that the
> subject access request be fulfilled within 40 days as prescribed by law,
> and
> therefore that the file be photocopied and sent to the data subjects home
> address.
>
> Any guidance welcome!
>
> best regards
> Jeremy Tarling
> Data Protection Manager
> Qualifications and Curriculum Authority
>
>
>
>
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