In a message dated 01/02/2001 14:51:19 GMT Standard Time,
[log in to unmask] writes in response to [log in to unmask]:
<< 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....! >>
-------------------------------
Two things:
1) A duty of confidence does not automatically arise just because a person
writes "confidential" on the letter; and (perhaps more importantly)
2) I don't believe a member of staff can be classed as a "third party" - I
think it has to be someone who is not the data subject and not the controller
(or someone acting on their behalf).
So first of all, the duty of confidence may not be present - and to apply it
without just cause can be a breach of the sixth principle and secondly the
third party identifier rules may not be applicable meaning the identity of
the source may have to be revealed.
Of course if the individuals concerned have nothing to hide, surely they
have nothing to fear. I'm sure they wouldn't lie in their statements and
there should be no reason why they should ask you to withhold their names
unless of course they had reason to believe they were in danger of being
attacked in which case you may decide it would be too risky to disclose the
names in these circumstances. But this will not excuse you from providing
the actual content of the statement - only the identifiers.
Ian B
MD
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Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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