[log in to unmask] on 15 September 2004 at 10:41 said:-
>
> Another good reason for including it in the person's
> personnel file is that
> following Huntley, the information may indicate a pattern of
> behaviour that
> could be useful for disciplinary or criminal action in the future. :-)
>
These things never seem that straightforward though.
If the purpose behind the exemption request is known to have been completed;
surely the documentation would be excessive to any need if retained by
either a private or public sector organisation.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> [log in to unmask]
> Sent: 15 September 2004 10:41
> To: [log in to unmask]
> Subject: Re: Police Requests
>
>
> In a message dated 15/09/04 10:14:54 GMT Daylight Time,
> [log in to unmask] writes:
>
>
> > Using this type of filing system could have a useful side
> effect worth
> > noting; post Durant an argument would be available that the
> data controller
> > will not have to respond to a SAR indicating information
> had been passed to
> > somebody under an exemption.
> >
> > The files about exemptions access could effectively remain
> secret forever.
> >
>
> --------
> Except that if the employer is a public body, the information will be
> available to anyone from next year. As it would not be
> personal data, therefore not
> exempt, I could write and ask for "details of any staff
> member who had been
> investigated for any offence" and would be given a copy of
> the file, presumably.
>
> It may be in the interests of good relations with staff that
> once the person
> is eliminated from enquiries, the fact that their details had
> been given is
> made available to them. I for one would want to know whether
> the correct
> procedure had been followed - ie s29(3) notice, proper
> assessment of the request,
> recorded decision and reasons for the decision, and proper
> authority to
> disclose.
>
> If the employer or the police had cut corners, I would want
> to know who to
> sue for the damage and distress.
>
> Another good reason for including it in the person's
> personnel file is that
> following Huntley, the information may indicate a pattern of
> behaviour that
> could be useful for disciplinary or criminal action in the future. :-)
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
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