It would depend on the individual case and each one has to be considered on
its merits. Obviously the scenario you mention, police are entitled to
withhold information if they are investigating a crime, as would Social
Services where there were suspicions of abuse by e.g. a parent where it
would prejudice the best interests of a child or adult with learning
disabiltiies. In some cases you are protecting a third party from serious
harm/distress.
We had a case here where statements were made by members of staff against
another member of staff but they were told the statements would be private &
confidential...the employee was aware these statements had been made and he
made an SAR but we never produced the statements and he was made aware of
why we could not disclose ...we owed a duty of confidentiality to the other
members of staff ...he didn't proceed.
If he had it may have been necessary to produce the statements if he had
taken the matter to a Court whereby a Court Order would ask that you produce
the documentation but with a good lawyer - suitable argument could reverse
that Order.....
I just love DP but I am about to leave - we leave early on a Friday ...so
have a good week-end.
Doreen Broom
Access to Information Officer
[log in to unmask]
Tel: 01835 826516 (Direct Line)
> -----Original Message-----
> From: Cashmore, Stuart [SMTP:[log in to unmask]]
> Sent: 01 November 2002 15:27
> To: [log in to unmask]
> Subject: Re: Own up to information withheld from a SAR
>
> I'm afraid I can't agree with group members who have replied indicating
> that
> they tell SAR applicants when they have withheld data. If you are legally
> entitled to withhold data then withhold it - telling the applicant that
> you
> have done reveals that this data exists. Given that, in my experience,
> SARs
> almost always come from data subjects who have a grudge then you are just
> making the situation worse. To give a photocopy of documents with sections
> blanked out seems worst of all!
>
> As it's Friday afternoon let's explore this principle to a silly degree:
>
> "Chummy" is a local criminal with no record - not even a parking ticket.
> Local police are aware of his activities and are gathering evidence
> against
> him. Chummy becomes suspicious about the plain vans and cars permanently
> parked near his house, the conspicuously innocuous man who seems to turn
> up
> in his local pub every time he (Chummy) is there, and decides maybe the
> police are onto him. Being a clued-up kind of a villain he whacks in a
> Subject Access Request. The police are, of course, perfectly entitled not
> to
> reveal what data they have about him because they have a legitimate
> exemption. But by the logic some people seem to be following they would
> have
> to tell him "we have data about you but we're not going to tell you what
> it
> is". I think it would rather give the game away.
>
>
> Stuart Cashmore
> Information Security Manager
> McKesson Information Solutions (UK)
>
>
>
> The views expressed in this message are personal, and do not necessarily
> reflect those of McKesson or its corporate policy.
>
>
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