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I would always disclose. In fact, we had one where an ex-employee had a long history of sickness due to one of his immediate family's death which affected him/her greatly. There were some very detrimental comments made by Line Managers which he found out from prospective employers and had led to him not obtaining employment. I disclosed and would hope that if ever I was in that position I would hope that everything would be made available to me. I also took into account the harm/distress element but he/she knew already that such comments had been made.
D
-----Original Message-----
From: [log in to unmask] [SMTP:[log in to unmask]]
Sent: 23 July 2004 16:40
To: [log in to unmask]
Subject: Re: Vexatious SAR's - uh?
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In a message dated 23/07/04 15:43:21 GMT Daylight Time,
[log in to unmask] writes:
> Surely the whole point is that someone may suspect that they have been
> wronged in some way, but may not have the evidence to support that suspicion, and
> submitting a SAR, either directly or through a solicitor, is one of the few
> mechanisms they have of getting that evidence.
--------
But the judges in the Durant appeal specifically said that people should not
use SARs as a way of getting info for litigation purposes. They said the only
reason we have a right to see the information is to establish whether our
privacy has been breached. No mention of accuracy, fair/lawful processing,
retention, etc. One judge apparently said to another when asked by counsel about
the other 7 Principles "do we have to consider them?"
No wonder the EC is investigating whether the UK's law adequately reflects
the Directive. However the IC still says he is happy with the decision in
Durant.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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