If the letter is addressed to Mr X, even if it is to him as MD of the
company, then it contains personal data (subject to the usual questions
about whether it is still automatically processed or part of a relevant
filing system). The definition of personal data is any data relating to a
living individual who can be identified from that data. Of course it may be
that the only personal data is the name and address of Mr X, if the contents
of the letter do not "relate" to Mr X as such.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Antoinette Carter
Sent: 15 November 2002 11:24
To: [log in to unmask]
Subject: Re: [data-protection] SAR -disclosing company data
That doesn't make sense to me. If someone writes a personal letter to Mr X
at his work address, then I can see that that would be personal data. But
if someone writes a letter regarding Mr X's company dealings, then surely it
is company information and not personal data?
-----Original Message-----
From: Valerie Taylor <[log in to unmask]>
Sent: 15 November 2002 10:20
To: [log in to unmask]
Subject: Re: SAR -disclosing company data
Brenda,
Yes, an individual has a right to any information about themselves, whether
it relates to them in their personal or work capacity. You then have to
work through the various exemptions to see whether you have grounds for
withholding any information. There are of course provisions which allow you
to remove third party information in certain circumstances. Also if your
case is a criminal one, you could rely on s29(1) to the extent that any
disclosure would prejudice your case against the company.
In addition, there is another exemption in Schedule 7 para 7 for
negotiations - if by disclosing you would prejudice your negotiations with
the data subject, you don't have to disclose. This assumes that your case
against the company might include some negotiations with its officers,
including Mr X, but as he is the MD I would think that is quite possible.
Regards
Valerie Taylor
Data Protection Consultant
Privacy Solutions Ltd
Tel: 020 8406 1402
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 15 November 2002 10:03
To: [log in to unmask]
Subject: [data-protection] SAR -disclosing company data
Thanks Nic - if the organisation isn't a data subject does that mean as MD
he has a right to copies or we do not have to disclose. Disclosing our
evidence would show our hand before any court case. Obviously, there are
third party references in these documents too.
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