Response to my query to the Information Commissioners Office. Hope this
helps a bit.
Bob Gibbs.
-----Original Message-----
From: Compliance Department [mailto:[log in to unmask]]
Sent: 17 January 2002 14:49
To: [log in to unmask]
Subject: Data Protection Enquiry
Our Ref: F0130/EL
16th January 2002
Attn Bob Gibbs
Dear Mr Gibbs
Thank you for your e-mail of the 19th December 2001 concerning the ability
to gain access to interview notes under the Data Protection Act 1998.
The ability to gain access to manual records such as interview notes came
into force on 24th October 2001 at the end of the first Transitional Period
under the Act. The Employment Code of Practice does not provide any rights
of access that the Data Protection Act 1998 did not already provide. The
Code of Practice provides compliance advice derived from the legislation.
The right of subject access under section 7 of the Act will apply to
interview notes that are automated or manual and held as part of a relevant
filing system, in other words held in relation to an individual, which would
be likely to be the case if those notes are to be of practical use in
recruitment decisions. The only exemption that may apply would be where
access to interview notes was prejudicial to the interview process. An
example of this would be an evaluation sheet with a set of criteria to be
assessed at interview, where those criteria were weighted in significance
revealing the importance of those criteria to an organisation. Other than
this, it would appear notes should be provided.
The Information Commissioner is due to publish the final version of the Code
of Practice early this year. The section concerning recruitment and
selection will be available on our website in February. The address of the
website is www.dataprotection.gov.uk Access the Guidance and other
publications section and then the section entitled Codes of Practice, Our
responses and other papers.
I hope this information is of use to you.
Yours Sincerely
Ms E Lealman
Compliance Officer
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ray
-----Original Message-----
From: Paula Leon [mailto:[log in to unmask]]
Sent: 23 January 2002 13:00
To: [log in to unmask]
Subject: Interviews
Can anyone advise? and point me to written documentation??
Question: "Does an individual have access to their notes taken at an
interview, or notes/form which has been filled out to make the decision on
offer/ non offer of employment"?
answers, gratefully received.
Thanks
Paula E Leon
London Borough of Waltham Forest
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