Confusion reigns in the area of your question and the point you make.
As I understand it this is one of the points that the EU are challenging the
UK on with regard to compliance with the DP Directive.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Watson, Patrick
> Sent: 08 September 2004 08:28
> To: [log in to unmask]
> Subject: Re: Interaction between DPA and FOI
>
>
> The point that I am trying to clarify is whether
> chronologically maintained
> manual personnel files escape disclosure under both the DPA
> and FOIA. When
> I put this to OIC I was told that chronologically ordered
> manual personnel
> files did not meet the definition of a relevant filing system
> and were not
> disclosable. I then asked whether a data subject could
> access this same
> personnel file under FOIA and was told no as it contained
> personal data.
> The OIC cannot have it both ways.
>
> There is no doubt that manual personnel files are crammed
> full of personal
> data and this makes the Durant decision illogical. Personnel
> files probably
> hold more personal data than any other file in the
> organisation and current
> and former staff will find bizarre that they cannot get any
> form of access
> to it under DPA or FOIA. Have we got a situation that excludes this
> employment area from any effective scrutiny by data subjects.
>
> Patrick
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