Thats an interesting one indeed.
Even down to the emails - surely the senders/recipients of the emails also
have a right to privacy ? Have you contacted them to see if they consent ?
Have you sanitised others personal information from the messages ?
Certainly from a hard drive point of view I'd only provide anything directly
relating to him as an individual.
On the general point how would this be handled from a tribunal point of view
- has a tribunal any right to demand evidence beyond that which the
individual could request under an SAR ?
Can data provided under an SAR be provided if it contains information about
others, and what counts as information about others - just the email address
?!
Jon
-----Original Message-----
From: Paula Owen [mailto:[log in to unmask]]
Sent: 12 August 2002 15:36
To: [log in to unmask]
Subject: [data-protection] Employee SAR
Hi All
I've recieved an interesting SAR from an ex-employee that I would like to
share with you and ask your advice on.
An ex-employee is taking the company to an Industrial Tribunal with a claim
of constructive dismissal. He has requested the following pieces of
information to help his case:
- A copy of his email inbox for date of departure and two months previous
to this
This I do not have a problem with and have already supplied his emails to
him
- A copy of the 'movement's chart' from Sept 01 to Mar 02- this is a excel
spreadsheet, set up within teams, that show the whereabouts of each team
member, showing things like 'working from home', A/L, meeting - external,
etc. It's not very informative, just basically if you are in the office or
not.
Problem with this is, as soon as the chap left, he was taken off the
Movements chart, as there is no point keeping ex-employees on it! My
feeling is that he does not want this chart to check his own 'movements'
(he would have his own diary for that), but instead he wants to check the
movements of other members of his team (he has a particualr gripe with his
direct line manager).
Am I right in thinking he could (if we still had it) have access to his own
movements for this period, but he has no right to a copy of the movements
of the other people in his team (at least, not without their consent)?
- finally, he wants a copy of his 'hard drive' at point of departure
This one I'm unsure of. Is he entitled to this under DP law, or is the
contents of the hard drive the property of the Company (especially after
the departure of the staff member!!).
If there is personal information on the hard drive, should he not be more
specific on what he is after, the full contents of the hard drive will
contain (I presume) a lot of company information too, and we really should
not be divulging this to an angry ex-employee.
Thnaks for any thoughts/advice in advance
Paula
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