Ian,
Yes, as far as these reports are concerned the requester is a complete
third party to whom a reference is made somewhere in each document. The
documents are held electronically (Word) and were found using the very
standard "search for documents containing" facility.
Our view has always been that this facility makes all documents
reasonably accessible under DPA. My thinking is that the requester is
probably entitled to see the relevant sentence or two, but nothing more
from each document, and merely to know that it came from a statement or
report prepared as part of an internal investigation. The net effect in
each case is going to be a blacked out sheet of paper with a sentence in
the middle.....
It seems a desperate amount of work for little benefit, and I would love
a reason not to do it !
Donald
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 24 November 2003 21:42
To: [log in to unmask]
Subject: Re: [data-protection] 3rd Party reference in investigation
report
In a message dated 24/11/03 14:55:04 GMT Standard Time,
[log in to unmask]
writes:
> I am dealing with a subject access request for a person who is
> mentioned as a 3rd party several times in reports from internal
> investigations, disciplinary proceedings, etc. In each case, the
> reference amounts only to a couple of sentences out of several pages.
--------
Am I misreading this question? Are you saying the requester is a third
party (eg witness) rather than the data subject (eg accused)?
Are the reports manual or computerised? If manual, is it structured by
reference to the third parties or by reference to the data subjects? If
computerised, what search facilities exist in the system?
Is this person entitled to this data? I am genuinely confused.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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