I also a agree with the common sense approach but I suppose from a practical
point of view it is our responsiblity as data protection managers to make
sure that individuals rights are upheld and that the organisation (data
controller) meets its obligations. Surely, it is not just a case of the
"employer having nothing to hide" but the fact that some third parties may
need protection in a scenario like this, difficult as it is.
I would not be confident at all with Section 31 in the scenario as
described, but would agree that Section 37 (Miscellaneous Exemptions)which
links to Schedule 7, para 7 - negotiations - would provide the exemption but
only so far as any disclosure would actually prejudice the investigation. It
is likely that disclosure can be refused during the investigation but in the
longer term the data would have to be disclosed. When considering
exemptions I think it always important to start with and take note of
Section 27 and in particular 27(5).
I have always thought that with regards to subject access there seems to be
a conflict between S7(4)(5)(6), Section 8(7) and Section 27(5), in that at
the end of the day disclosure will override the duty of confidentiality, or
have I missed something ?
Peter Lane.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Tim Trent
Sent: 29 October 2003 17:19
To: [log in to unmask]
Subject: Re: Advice on SAR exemptions please
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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