In a message dated 05/03/2003 16:51:59 GMT Standard Time,
[log in to unmask] writes:
> A policy holder has submitted a SAR
> relating to her private pension policy, which she believes was mis-sold to
> her. Her folder also contains information relating to the works scheme she
> did not join when she joined our pension plan. One of believes that as the
> information does not mention the policy holder specifically, ie. it is just
> general scheme information, that it should not be disclosed because it does
> not constitute personal data. The other believes that if it forms part of
> her file, it is personal data, and therefore should be disclosed. Any
> thoughts/comments on or off list would be much appreciated.
----------
Data attached, linked or cross-referenced to a person's file is almost
certainly personal data as defined in the Act. A good case in point was when
the DP Tribunal decided that a person's planning application consisted of all
the data related to the application, not just the data related to the
individual.
The council had, as I remember it, claimed that of the 8 screens of data
related to the case, only the first two screens had the applicant's name and
reference number on them. The other six screens contained details of the
planning process, the make-up of the deciding committee, the factors
considered in the application and so on. The DPT decision was that as the
other screens were directly accessible by going through the first two
screens, they were personal data as defined.
So as well as anything held in a personal file, any cross-referenced data (eg
" also see file X for details of this person") would also have to be supplied
as it forms part of the person's record. Some people think that to form a
record all the data has to be in the same file - this is not so. This was
tested when a person asserted a right of access to the notes that
interviewers had made during her job application. I believe the notes were
in the panel members' own notebooks.
I would also include any post-it notes stuck to the front of the file saying
things like "this awkward so-and-so is coming in for a copy of this file
tomorrow morning".
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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(Reg 3822335)
Tel: 01246 473999
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