David Wyatt wrote:
<For redundancy I understood it is the jobs being identified as
redundant first. It then follows that after this assessment the
incumbent may have no job. Selection processes do not therefore
necessarily have to use personal data.>
Agreed, this is the original basis for arguing against disclosure.
<A selection at individual level would occur when you have multiple
identical jobs, say cut from 10 to 5 jobs and you have to choose from
the 10 current incumbents. >
OK, now this is more tricky, this is going to use personal data, but the
fact that it uses personal data does not in my view mean that the
original selection criteria need be disclosed as this remains a job
based decision.
<If the Management planning /forecasting exemption (Sch 7) is argued to
protect the planned redundancy list from SAR you still have to be able
to justify, if challenged by the OIC, how fufilling a subject access
request would predjudice that planning / forecasting process.>
If the scale or the reason(s) for the redundancy e.g. half the work
force, loss of major contract became public knowledge, this could affect
financial instruments (shares). I would argue then that this information
would be prejudicial to disclose and withhold under Sched. 7
<All SAR made by employees to any employer where they as a data subject
are on a redundancy selection list at the time of the request would
appear to either always be either exempt or disclosable. Which is it?>
Not sure it is as black and white as this. It would be hard to argue
against a disclosure that an individual is 'on the list'; the details of
the decision process are however I believe subject to exemptions. Time
to demonstrate 'prejudice'!
"Personal data which consist of records of the intentions of the data
controller in relation to any negotiations with the data subject are
exempt from the subject information provisions in any case to the extent
to which the application of those provisions would be likely to
prejudice those negotiations"
Duncan S Smith
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