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Gil
I presume that the processing in relation to the investigation was on the
basis of detection of crime and that the investigation was being carried out
in relation to the dishonesty of an employee but the fact that the police
were not involved does not constitute a criminal offence and prosecution
only covers criminal proceedings so am not entirely convinced you can use
the exemption. Section 29(4) provides for an exemption in relation to risk
assessment information and by providing that information it could weaken the
operation of the system. This is a difficult one. On the other hand if the
employer has reason to investigate then surely you must keep such records in
order to manage the business, unless of course the employee has been
completely cleared of any wrong-doing.
Sorry, not much help...wouldn't like to be faced with this one.
Good luck - let me know how you get on...........
Dor
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825041
-----Original Message-----
From: Gil Richardson [SMTP:[log in to unmask]]
Sent: 03 February 2004 08:51
To: [log in to unmask]
Subject: Allegation
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Hallo Data Protectors
Does an allegation of fraud, subject to an internal investigation,
i.e.
not police, warrant disclosure under 29(3)?
I think not - but I have been requested to apply the exemption.
Gil
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