Whether data are accurate or not depends entirely upon the facts of the case
and how those facts are reported and/or recorded.  In the case of the child -
if it was reported she was sleeping rough and the record said "she is sleeping
rough" then it is patently inaccurate data.  If the data says "xxxx reprted
to us that this person is sleeping rough" then it is accurate data.  If after
investigation the facts show she is not sleeping rough then in the first
example the data must be erased and in the second example an addition to the note
giving the result of the investigation should suffice.  Unless of course by
keeping the original allegation harm could be caused to the individual (some
people still say "no smoke without fire") because the data are excessive or
irrelevant, then it too should be removed.

Of course all complaints have to be dealt with on a case-by-case basis but I
am not sure that an individual must prove the data to be inaccurate - they
would simply need to raise the matter with the data controller and the controller
is obliged to investigate and report back to the data subject.  If the DS
insists the data are inaccurate they can ask a court to intervene or ask the IC
to assess whether the controller's systems are DPA compliant.  If the data are
disclosed to anyone during the period they are under challenge the data
subject's version of the facts should also be disclosed.  Some systems do not have
this facility so it should be done manually by attaching a note or covering
letter.


Ian B

Ian Buckland
Managing Director
Keep IT Legal Ltd

Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor.  If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:

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Inkersall, Chesterfield
Derbyshire  S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk

------------------
In a message dated 05/08/2003 14:31:37 GMT Daylight Time,
[log in to unmask] writes:


> In relation to the social work question about a child being reported as
> sleeping
> rough and then finding out that she isn't surely there is no issue of
> accuracy.
> If someone has reported to you that a person is sleeping rough then that
> record
> is an accurate record of something that has been reported. If you then find
> out
> after investigation that she is not then the record of the fact that she is
> not
> sleeping rough is also an accurate record of fact. The only issue would be
> if
> you reported that she 'is or was' sleeping rough when she never was. This
> would
> planely be inaccurate.
>
> Going back to the original question of who decides upon inaccuracy. The
> ultimate
> if it ever got that far would be the courts. The onus is on the data
> controller
> to take reasonable efforts to make sure that data is accurate. So long as
> you do
> take reasonable steps to make sure the data is acurate or an acurate
> reflection
> of for example a conversation then following a SAR if the customer is
> adamant
> that the information is inaccurate it is up to them to substanciate this.
> Unless
> a recording of a conversation exists it is very difficult to substanciate
> that
> what was written was not an accurate record of a conversation.
>
>


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