Doreen
Have you got John Hanafin's "Guidance for Data Protection Officers"
produced by IDeA's Rights in Data Working Group ?
Is this any help from Page 24?
The Act states that a data controller who finds that he cannot respond to a
request for access without disclosing information relating to another
individual, who can as a result be identified, need not comply with the
request, unless the other individual has consented or it is reasonable to
comply without consent. How can we be sure we have consent and
additionally ensure that if we grant access without the third party consent
it was reasonable to do so?
These conditions applied under the 1984 Act and the Commissioner has
rightly highlighted this as a particular problem for data controllers. The
new Act has provided some assistance, which was not available under its
predecessor. As a result, controllers are advised that before deciding
whether or not to dislose such data regard shall be had to:
- any duty of confidentiality owed to the other individual
-steps taken by the controller with a view to seking consent
- whether the other individual is capable of giving consent
-the existence of any express refusal of consent by the other individual.
Colette
"Broom, Doreen"
<[log in to unmask] To: [log in to unmask]
V.UK> cc:
Sent by: This list is Subject: Rights to Minutes
for those interested
in Data Protection
issues
<data-protection@JISCM
AIL.AC.UK>
11/02/2002 10:24
Please respond to
"Broom, Doreen"
All
A local primary school runs an after-school Club. The Headmistress of the
school is involved, together with a Parent Committee and one parent is
employed to run the club and it was agreed that her child could attend the
club free of charge. Anyway, two children (one of them being the child of
the person running the club) and another fell out - bullying, swearing etc
at each other.
Questions were asked of children involved and this of course was minuted as
well as statements from the parent who was runing the club. The parent
member's child is now in other child care but the other parent will not let
this go and wants a copy of the actual minutes. The Parent Committee sent
out a generalisation of the Meeting (withholding childrens' names under the
Data Protection Act).
What are your views - should the parent who is requesting the information
be
able to obtain copies of the actual Minutes - apparently, the parents know
each other and there are other underlying features to this i.e. they fell
out socially.
Any ideas would be appreciated.
Doreen
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