In the Information Commissioners legal Guidance document the following explanation is attached to the definition 'Third Party'.
"The expression third party does not include employees or agents of the data controller or data processor, which persons are for the purpose of this expression to be interpreted as being part of the data controller or processor. As such, this expression is distinguished from "recipient", which effectively separates employees/agents of the data controller/processor from the data controller/processor itself."
-----Original Message-----
From: Jackie Leesons [mailto:[log in to unmask]]
Sent: 02 January 2003 12:20
To: [log in to unmask]
Subject: Employees and SAR
Section 70 of the DPA states:
' "third party", in relation to personal data, means any person other than-
(a) the data subject,
(b) The data controller, or
(c) any data processor or other person authorised to process data for the
data controller or processor'
Employees of the data controller or the data processor presumably come under
category (c). Does this mean that any material containing names and
references to employees can be provided in a SAR without recourse to the
employee for their consent?
Happy New Year
~~~~~~~~~~~~~~~~~~
Jackie Leesons
Data Protection Co-ordinator
Peterborough City Council
Tel: [01733] 452295
*** Private And Confidential Notice ***
The information contained in this E-MAIL is intended for the named recipients only. It may contain privileged and confidential information and if you are not the intended recipient, you must not copy, distribute or take any action or reliance on it.
If you have received this E-MAIL in error, please notify the sender immediately by using the E-MAIL address or on +44 (0) 1733 452411
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
-----------------------------------------------------------------------
The opinions expressed are those of the individual and not the company.
Internet communications are not secure and therefore the company does
not accept legal responsibility for the contents of this message. If
the reader of this message is not the intended recipient, or the
employee responsible for delivering this communication to the intended
recipient, you are hereby notified that any disclosure, distribution or
copying of this communication is strictly prohibited.
* This message has been monitored by the MailGuard Policy Server.
* See <http://www.clearswift.com>.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|