Thanks Duncan.
Im disppointed in my powers of recall regards the negotiation exemption. I
was part of the CBI group which lobbied for its wording. I agree it has a
place if you can negotiate redundancy terms. Many can't.
David
> -----Original Message-----
> From: Duncan Smith [mailto:[log in to unmask]]
> Sent: 13 February 2002 08:41
> To: 'Dave Wyatt'
> Cc: Data Protection discussion Group
> Subject: RE: Compulsory redundancy
>
>
> 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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