Ken
I agree totally with this. The point I was making was that, depending upon
the circumstances, there may be legitimate scope to use the non-disclosure
exemption for some of the data "up to the extent to which it will prejudice
an investigation". Once the investigation is over then the disclosure could
not possibly prejudice the investigation. Furthermore a paid professional
in the circumstances described is working for the data controller and would
therefore be a 'recipient', not a 'third party' so S7(4)(5)and (6) are of no
issue anyway.
Regards
Peter Lane
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Ken Allen
Sent: 31 October 2003 09:05
To: [log in to unmask]
Subject: Re: Advice on SAR exemptions please
Not withstanding what has been said before, we must bear in mind that any
exemption from disclosure of information contributed by a third party does
not extend to 'professional' opinions, reports or other paid for
contributions. My view is that anyone who is involved in a professional
capacity (is being paid) must stand by their words and cannot hide behind
third party anonymity, which is reserved for genuine (unpaid) third parties.
I have discused this with Ian Axford-Hawkes (compliance manager with the
Information Commissioner's Office) in the context of professional opinions
submitted within the Social Care environment by doctors, social workers
etc. I see no reason why the principle should not be extended to any other
work/professional area.
If anyone submits a view, opinion, evidence or assessment about another
individual within the context of their paid work, they cannot be allowed
anonymity as far as any Subject Access Request is concerned.
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