Broom, Doreen on 28 July 2004 at 10:00 said:-
> Surely a person has rights here and must be
> able to defend any allegations against them and would the
> individual not know anyway who was making the allegations.
Well said Doreen.
After all, with part of organisational life being a mixture of differing
styles, some tensions are bound to occurr, which should generally be healthy
as they can facilitate change. I suppose it can be important that as CEO's
change, this mix is thrown into some form of flux, so that the tensions are
more quickly identified and utilised effectively under the new regime.
Many parts of the DPA are focused on facilitating the fair treatment of
individuals, and assure any prejudiced is minimised within and by
organisations, and an intention of the DPA subject access right, in my
opinion, is to facilitate a simple resolution in those situations. Of
course if the organisation or organisational individual is truly being
prejudicial anyway, the subject access rules are unlikely to be adhered to
and other routes could then be open to individuals.
In that light Subject access becomes interesting to me in relation to
privacy, as consideration of the arguments against its exercise seem to
indicate areas where social groups/organisations consider they are in need
of privacy to operate effectively and independently. As you will have
probably noticed, I am really still trying to grasp and categorise the
organisational 'privacy' angle, as I still believe it to be a recent
conceptual application of that word and not truly indicative of the
underlying meaning. Like being overly loved, some things can continue being
elusive, but that provides the interest I suppose.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Broom, Doreen
> Sent: 28 July 2004 10:00
> To: [log in to unmask]
> Subject: Re: SAR
>
>
> ***** THIS EMAIL WAS SENT VIA THE INTERNET *****
>
> Hi Stewart
>
> I had a similar issue a few years ago and the people who made
> statements were told that this would be in confidence. You
> have to consider whether this would go to Industrial Tribunal
> and if so, like any Court, would the statements not then be
> made available. Surely a person has rights here and must be
> able to defend any allegations against them and would the
> individual not know anyway who was making the allegations.
> You could also approach the people who made the allegations
> and explain the situation - you never know they may consent anyway.
>
> Dor
> Doreen Broom
> Access to Information Officer
> Scottish Borders Council
> Tel: 01835 826516
> Fax: 01835 825041
>
>
> -----Original Message-----
> From: Turner8 [SMTP:[log in to unmask]]
> Sent: 28 July 2004 09:32
> To: [log in to unmask]
> Subject: SAR
>
> ***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
>
> I have had a SAR from an individual involved in a
> harrassment case.
>
> The request mentions 4 items:
> 1 - A copy of the letter in which a member of staff
> made the allegation of harrassment against this individual
> and others (I have not seen the letter but it is my
> understanding that the identity of the other named
> individuals would be obvious even if they were blanked out).
> 2 - Any other documents relating to the allegation or
> the investigation into them, including a report on
> proceedings or conclusions drawn.
> 3 - A list of all people who have had access to these
> documents.
> 4 - The report by the investigating officers.
>
> My initial feeling is:
> 1 should be ok but only to send extracts of the
> letter which refer to the individual, and only if other
> individuals are not identifiable.
> 2 may include some documentation which might come
> under the negotiation exemption, but it's unlikely.
> I don't believe that 3 is a DPA issue at all.
> 4 is likely to be allowable.
>
> The paper documentation is kept in a case file, which
> contains information about all the accusees in a roughly
> chronological order, so may be not a relevant filing system
> (an irrelevant filing system?!). Some of the documentation
> (emails, etc.) will exist in electronic form.
>
> Any thoughts?
> Stewart.
>
>
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