As the person who posed the question initially I thought I'd share further
thoughts on my particular scenario
Our promotions committee is made up of up to 10 representatives, all of whom are
university staff members, be they academic or administrative in function. The
assess each candidate on references given by an internal referee (usually the
head of their service) and external referees where appropriate (usually with
academics). Three different criteria (what they are escapes me but I think
something like responsibility, research output and 3rd mission/professional
development) are marked out of 7 and a final score given out of 21. This score
out of 21 is then used to "rank" the candidates at the actual promotions
committee meeting with the top 15 being promoted.
What has become abundantly clear to me during the discussion on the list is that
this university (wrongly) has allowed the panel members to assume that their
assessments and rankings are confidential. From now on this will be changed
believe me!
I contacted the OIC about this yesterday and their firm belief was that all
documentation relating to the promotions committee's workings should be made
available to the candidates in any SAR. Including any internal references
given. Mirroring the list's opinion I think.
Thank you to you all for your advice which was very gratefully received.
Gwenan
Quoting Ian Welton <[log in to unmask]>:
> Duncan Smith on 20 October 2004 at 15:13 said:-
>
> > So yes I could "hide behind confidentiality", and indeed may
> > wish to do so
> > for very valid e.g. personal safety, reasons. Although I'm
> > not suggesting
> > that is the case in the scenario Gwenan put forward.
>
> Personal safety indicates an exemption.
>
> Considering 'servant or agent of the data controller' as indicating the
> norm, both scenarios could be correct, so a decision based on the actual
> circumstances would be required.
>
>
> Ian W
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection
> > issues [mailto:[log in to unmask]] On Behalf Of
> > Duncan Smith
> > Sent: 20 October 2004 15:13
> > To: [log in to unmask]
> > Subject: Re: Consent
> >
> >
> > ----------------------------------------------------------------
> > The information transmitted is intended only for the person
> > or entity to
> > which it is addressed and may contain confidential and/or privileged
> > material. Any review, retransmission, dissemination or other
> > use of, or
> > taking of any action in reliance upon, this information by persons or
> > entities other than the intended recipient is prohibited. If
> > you received
> > this in error, please contact the sender and delete the
> > material from any
> > computer.
> >
> > The information contained in this correspondence is not
> > intended as legal
> > advice or counsel, and is not represented as such by the
> > sender. iCompli
> > Ltd. makes no warranties or statements regarding the legal
> > acceptability of
> > the information presented in this correspondence. Any
> > actions performed as
> > a result of this information are of the recipient's own choosing.
> > --------------------------------------------------------------
> > --------------
> > -------------------
> >
> >
> >
> > Chris, your comment ...
> >
> > "The promotions board are not third parties, they are clearly
> > acting on
> > behalf of the data controller as either employees or agents,
> > so the have no
> > way of hiding behind confidentiality"
> >
> > ... may not be correct.
> >
> > To my knowledge neither the common law of confidentiality nor
> > the requisite
> > parts of the Data Protection Act 1998 are over-ruled by
> > consideration of who
> > is, and is not, the data controller.
> >
> > If an individual puts in a SAR to a data controller, who in
> > meeting their
> > legal obligations may disclose information about any third
> > party i.e. not
> > the data subject, then great care should be taken to
> > understand what consent
> > is in place to disclose, and what implications disclosure (or
> > otherwise)
> > would have on both the requestor and the third party.
> >
> > So yes I could "hide behind confidentiality", and indeed may
> > wish to do so
> > for very valid e.g. personal safety, reasons. Although I'm
> > not suggesting
> > that is the case in the scenario Gwenan put forward.
> >
> >
> > Regards,
> >
> > Duncan S Smith
> > Managing Director
> > iCompli Limited Northampton UK
> > T: 08707 70 48 66 F: 08707 70 48 69 M: 07775 56 81 80
> > Mailto:[log in to unmask] Web: www.icompli.co.uk
> > "Compliance in your language"
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
--
Gwenan Owen
Rheolwr Cofnodion y Brifysgol/University Records Manager
Gwasanaeth Llyfrgell, Archifau a Rheoli Cofnodion
Library, Archives and Records Management Service
Gwasanaethau Gwybodaeth/Information Services
Prifysgol Cymru Bangor/University of Wales, Bangor
Ffordd y Coleg/College Road
Bangor
Gwynedd LL57 2DG
ffon/tel: 01248 38 2413
ffacs/fax: 01248 38 8194
[log in to unmask]
--
This mail sent through http://webmail.bangor.ac.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|