If the information is held in the child's file, the grandfather
obviously has no access in his own rights whatsoever, pre or post
Durant. Unless you're telling us it is all held electronically.......
Donald Henderson
Perth & Kinross Council
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 18 March 2004 14:13
To: [log in to unmask]
Subject: Re: [data-protection] [ ] RE: [data-protection] Recent Case Fol
lowing Durant
***** THIS EMAIL WAS SENT VIA THE INTERNET *****
Hi Si et al
I do tend to agree with you Simon having had a discussion with one of
our solicitors this a.m. I think we should be as co-operative as
possible.....but another thread to this.... "A mother and her children
are clients of Social Work...anyway, the mother has made allegations
about her ex-partner's father (the grandfather of her children). They
are sexual allegations and are obviously being held on the child's file.
You getting the gist..... anyway yes, you've guessed the grandfather has
been to see a solicitor (he is aware about the allegations) as the
Police have interviewed him etc. not sure if any charges have been
brought but of course he has been advised by his solicitor that he can
have access to all personal information relating to him. I do believe
that these allegations have been made maliciously...Now what do I do, do
I hide under Durant or do I give him everything but blank out third
party names (even although he'll be aware of the people mentioned) or
just totally refuse? Personally I would let him see the file ...the
allegations may be completely untrue or do you take the viewpoint that
it may pose a risk to the child if a child protection plan was in place
and that by disclosing the information this would be likely to
jeopardise the plan......ooh, I just love these Social Work
ones..........
Dor
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825041
-----Original Message-----
From: Talbot Richard [SMTP:[log in to unmask]]
Sent: 18 March 2004 11:47
To: [log in to unmask]
Subject: [ ] RE: [data-protection] Recent Case Following
Durant
***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
I was told a while ago that as Margaret Thatcher(the milk
snatcher :o)) had
signed us up to the Maastricht treaty, it made European Law
higher than the
British Law. As I am not a lawyer, I do not really understand
why this would
be, but if I was to follow the directive and not the current
case law in UK
what will happen ?
If my first statement is true, then surely IMHO until the
article 29 group
rule on it we should continue with no change.
Richard Talbot
My thoughts not those of my company and also you may not use my
details for
any marketing purpose.
-----Original Message-----
From: Smith, Tony [mailto:[log in to unmask]]
Sent: 18 March 2004 09:20
To: [log in to unmask]
Subject: Re: [data-protection] Recent Case Following Durant
The problem with that approach is that case law (unlike statute
law) is
retrospective. The fact that you have been following current
case law and IC
advice may mitigate what you have done but it is not a defence.
Tony
-----Original Message-----
From: Simon Macauley [mailto:[log in to unmask]]
Sent: 17 March 2004 20:57
To: [log in to unmask]
Subject: Re: Recent Case Following Durant
Hi all, Hi Jane and Dor :-)
RT is dare I say wrong about the vast majority of manual files
are not
applicable. According to the act all social services and health
files
are 'records' and as such the 'accessible record' get out clause
of Durant
does not apply. You may however use the definition of personal
data as a
way of avoiding trawling through huge paper files looking for
someones name.
As for the EU commission, forget it, this process will take up
to 5 years
and if the law is changed so what? You will simply have to
start
disclosing again, it wasn't your fault because at the time you
followed
case law and advice from the IC.
Si
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