All
With regard to a Subject Access Request from an ex employee who is
insisting that project data that they contributed to and is about their
role in that project, is personal data and that under the terms of the DPA,
they are entitled to a copy of it. This includes memos they have written,
minutes and notes of meetings about their involvement.
In my view this is not personal data in that it is not held by reference to
them, rather it is project data that they compiled during their employment
with the organisation.
They have already been supplied with the data about their employment, eg
letters of appointment, job description etc, in fact their entire personal
file that has been retained since they left.
Their e-mail account has been deleted. However, the request includes that
data be reconstituted from back up tapes as it is personal data about their
role in the organisation and E-mails sent about their role in the project.
The person is of the opinion that because they prepared the data and
presented the data, that it must still be around and that they are entitled
to have a copy under the terms of the DPA.
What are the views of others.
Would you go through project files for this data and reconstitute back up
data or would you take the view that the obligation for subject access to
personal data under the DPA has been met.
Regards
Joan
"This E-mail is personal. It is not authorised by or sent on behalf of HBS
Middlesbrough, however, HBS Middlesbrough has the right and does inspect
E-mails sent from and to its computer system. This E-mail is the sole
responsibility of the sender."
**********************************************************************
This email and its attachments are confidential and may
be legally privileged. It is intended solely for the addressee.
If you are not the intended recipient, please notify the
sender immediately. Access to this email by anyone else
is unauthorised. Any disclosure, copying, distribution or
any action taken or omitted, in reliance on the contents,
is prohibited and may be unlawful. Internet communications
are not secure and therefore Middlesbrough Council/Service
Middlesbrough does not accept legal responsibility for the
contents of this message as it has been transmitted over a
public network. If you suspect the message may have been
intercepted or amended, please call the sender.
***********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|