I don't think there's a general subject access exemption for harm and
distress Information in a health, social work or education record can
be withheld from a SAR where disclosure would cause 'serious harm to
the physical or mental health or condition' of the data subject or
someone else - a stricter test than 'harm' or 'distress' - but this
exemption is limited to those three classes of record.
Maurice Frankel
Campaign for Freedom of Information
On Wednesday, October 1, 2003, at 11:38 am, Broom, Doreen wrote:
>
> If a member of staff is mentioned in a confidential report and it is
> not for
> publication - they make a subject access request - can they see that
> information?
>
> My interpretation would be "yes" they can unless it is likely to cause
> harm
> and distress.......
>
> Help..........
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|