Doreen,

My understanding is that:
1)    You have to try to get consent for disclosure from the third
party(ies).
2)    If they consent, or if they withhold consent unreasonably, you have no
choice: you must disclose their material in response to the Subject Access
request.
3)    If they withhold consent reasonably you do not have to show the
material (but you are not necessarily barred from doing so).
4)    If you do not have consent - either it has been refused or you cannot
contact the third party - you have to consider any duty of confidentiality
you owe to the third party.  You may need a lawyer to help on that one.
5)    If you are not bound by confidentiality, there is nothing to stop you
showing the material to the data subject.  Since you seem to be suggesting
that it would be fair and in the Data Subject's interests to show the
material it looks as though there is a case for showing it - but you must
make the attempt to seek consent first, even if your inclination is to show
the material anyway.

That's my reading, for what it's worth.  I only offer it in case all the
really knowledgeable people are away.


Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB

I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.

----- Original Message -----
From: Broom, Doreen <[log in to unmask]>
To: <[log in to unmask]>
Sent: 08 August 2002 16:51
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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^