All
Thank you for your replies.

What also disturbs me is the fact that obviousy this is sensitive personal
data.  The gentleman concerned does not believe that he has any
"psychiatric" problems and therefore if I am unable to obtain consent by
disclosing the documentation to the gentleman I could in fact cause "serious
harm or distress".  I am not a qualified health professional and therefore
am not able to decide whether this disclosure could in fact cause the
gentleman harm.

What were people saying about the financial sector having an easy
life......get me a job!!!

Regards

Doreen


> -----Original Message-----
> From: [log in to unmask] [SMTP:[log in to unmask]]
> Sent: 09 August 2002 09:04
> To:   [log in to unmask]
> Subject:      RE: Personnel Files
>
>
> Hi Doreen,
>
> I have been reading the replies on this issue so far.
>
> The 40 day limit does not have to the absolute finishing line.
> I have had to deal with many subject access cases going back 20-50 years.
> Obtaining consent is a real problem and usually the 40 days goes rapidly
> by.
> To that end I have spoken with Peter Bloomfield and Phil Boyd at OIC and
> their approach is one of looking at the reasonableness of your actions.
> Yes
> there is a 40 day limit but they are aware that where extra legal advice
> is
> required or obtaining consent is difficult, data controllers will take
> longer than the 40 days. This does take away anything for having processes
> that in normal circumstances would achieve the 40 day timescale.
>
> If there are real problems I always pre-empt trouble by writing to OIC a
> brief letter, at least it makes them aware and they are better able to
> respond directly to the data subject. ( I had serious issues in a Social
> Services case that Protection of the Child conflicted with rights under DP
> and the case was before the courts).
>
> I have taken the approach that at the 40 days I write and explain and
> include what I am able to disclose at that time. And then stay in regular
> contact.
>
> What I think OIC wish to see is that you are not deliberately dragging
> your
> feet.
> Peter Bloomfield has suggested to me that if a reply for consent is not
> received say after two/three weeks, the data controller should comply with
> that section of clause 7(4)(b), perhaps convene a meeting internally (
> include any specific specialist from the areas involved), review the
> material and make a decision.
>
> I always find it wise to maintain good records of actions and
> considerations
> and the reasons why those decisions where taken. You are then in a good
> state if the worst should happen and the data subject complains to the
> OIC.
>
> PS. I know in SI415 it defines "appropriate persons" whose identities may
> not be withheld, is there anything similar in the Health SI?
>
> I hope this helps, at the end of the day you will need to decide what is
> the
> best course of action, record it and back it to the hilt.  DP is never
> straight forward which is why there are people like you and me doing the
> job.
>
> Roger Glover
>
> -----Original Message-----
> From: Broom, Doreen [mailto:[log in to unmask]]
> Sent: 08 August 2002 16:51
> To: [log in to unmask]
> Subject: Personnel Files
>
>
> Hi All of you who are not on Holiday
> I have received a subject access request from an ex Depute Head Teacher.
> He
> had many problems over the years and was eventually diagnosed as having a
> mild psychiatric problem.  He took early retirement.  Anyway, he then
> applied for various otherteaching jobs elsewhere in the country and gave
> one
> of the Asst Depute Directors of Education as a referee.  His reference was
> not very rewarding for the gentleman as he said he had taken early
> retirement and would not basically ever re-employ him again.
> Anyway, this gentleman wants to know the reasoning behind the reference he
> was given.  There are medical reports in his file but of course this was
> given by third parties who are now probably no longer in post.  My dilema
> is
> that this gentleman who is now retired wants to clear his name before he
> dies and I do not believe he thinks he has had any problems (although
> there
> was a long history of absence from work for various reasons) probably all
> connected to his illness which was brought on due to family propblems and
> I
> do believe he had slight psychiatric probs.  What do I do as to the third
> party references - do I show him the letters which state he had probs or
> should I refer him to his GP where he can have access to his medical
> files..I believe that this is one of those cases whcih may go and on and
> on
> and on until he gets justice.
> In a way I feel he should have access to those letters as this would
> explain
> the reasoning behind the unsatisfactory reference he was given and
> basically
> he wants to know the reasons behind the reference.
> Should I disclose?  Any help comments greatly aprpeciated.
> Regards
> Doreen Broom
> Access to Information Officer
> [log in to unmask]
> Tel: 01835 826516 (Direct Line)
>
>
>
> **********************************************************************
> This email is privileged, confidential and subject to copyright.
> Any unauthorised use or disclosure of its content is prohibited.
> The views expressed in this communication may not necessarily
> be the views held by Scottish Borders Council
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>        All archives of messages are stored permanently and are
>       available to the world wide web community at large at
>       http://www.jiscmail.ac.uk/lists/data-protection.html
>       If you wish to leave this list please send the command
>        leave data-protection to [log in to unmask]
>             All user commands can be found at : -
>     www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
>   (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


**********************************************************************
This email is privileged, confidential and subject to copyright.
Any unauthorised use or disclosure of its content is prohibited.
The views expressed in this communication may not necessarily
be the views held by Scottish Borders Council
**********************************************************************

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
    www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
  (all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^