I always tend to common sense in this.
Ignoring any exemptions or possible exemptions, if the employer has nothing
to hide, then it is valid that all is able to be presented to respond to the
SAR.
This allows both the letter and spirit of the law to work.
I have a view that laws such as this are not to be wriggled out of, but that
clean business practices must instead be the way we work.
Tim Trent - Consultant
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graham Hadfield
Sent: Wednesday, October 29, 2003 3:58 PM
To: [log in to unmask]
Subject: [data-protection] Advice on SAR exemptions please
Given the following scenario:
1. Employee is suspended and disciplinary action is commenced 2. Suspended
employee makes a complaint about bullying and investigation is commenced 3.
Suspended employee submits a SAR to see all employment records whilst
disciplinary proceedings and investigation of complaint are still going on.
Can the documentation/evidence/witness statements obtained as a result of
the disciplinary and complaint proceedings be exempted from disclosure?
Parts of the Act which appear to be possibly applicable are Sections 31(1),
31(2)(c)and Paragraph 7 of Schedule 7.
I would appreciate thoughts/advice.
Regards,
Graham
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