DREW Nic on 09 September 2004 at 09:31 said:-
> Section 70(1) of the FOIA amends section 33 of the DPA and basically
> provides an exemption to accessing Personnel files. If this wasn't in
> the FOIA, that Act would give public sector employees more rights of
> access to their personnel files than those in the private sector.
Unless the title to the FOI s.70 - "Exemptions applicable to certain manual
data held by public authorities." has no real meaning I would dispute that
statement.
If you are correct I am thoroughly confused about the broader affects of the
FOI to the private sector.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of DREW Nic
> Sent: 09 September 2004 09:31
> To: [log in to unmask]
> Subject: Re: Employee manual records: Interaction between DPA and FOI
>
>
> Patrick
> Section 70(1) of the FOIA amends section 33 of the DPA and basically
> provides an exemption to accessing Personnel files. If this wasn't in
> the FOIA, that Act would give public sector employees more rights of
> access to their personnel files than those in the private sector.
>
> Nic
>
>
> -----Original Message-----
> From: Watson, Patrick [mailto:[log in to unmask]]
> Sent: 09 September 2004 08:48
> To: [log in to unmask]
> Subject: Re: Employee manual records: Interaction between DPA and FOI
>
> Chris
> You have confused me with your latest comment. It seems to contradict
> your
> newsletter unless I have misunderstood your comment below. My
> understanding
> from your newsletter is that a former employee could not access his
> chronologically ordered manual personnel file under DPA because it is
> not a
> relevant filing system. The same person could however access
> this file
> under the FOIA from Jan 2005.
>
> Patrick
>
> -----Original Message-----
> From: Pounder Chris [mailto:[log in to unmask]]
> Sent: 08 September 2004 19:50
> To: Watson, Patrick; [log in to unmask]
> Subject: Employee manual records: Interaction between DPA and FOI
>
>
>
> The contents of this e-mail are confidential and may be privileged.
> Please
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>
>
>
> If the discussion is about employee manual records, then FOIA is
> irrelevant
>
> The Durant judgment means that employees will only gain
> access to manual
> employee records, if these records form a relevant filing system. The
> OIC has gone on the record that there are not many relevant filing
> systems
>
> C
>
> -----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
>
> -----Original Message-----
> From: DREW Nic [mailto:[log in to unmask]]
> Sent: 07 September 2004 15:32
> To: [log in to unmask]
> Subject: Re: [data-protection] Interaction between DPA and FOI
>
>
> FOIA introduces a new category of data (category e ) into the DPA, but
> only for public authorities. This category will widen access
> to personal
> data,that Durant might have prevented, but has an exemption for access
> to personnel data. See sections 68 and 69 of the FOIA.
>
> Nic
>
> -----Original Message-----
> From: Watson, Patrick [mailto:[log in to unmask]]
> Sent: 07 September 2004 10:56
> To: [log in to unmask]
> Subject: Interaction between DPA and FOI
>
> Can colleagues help me to clarify some issues relating to the
> interaction between data protection and FOI. Many manual files
> including personnel files do not meet the Court of Appeal (Durant)
> definition of a relevant filing system and are therefore not
> disclosable
> under the subject access provisions of the DPA. If a file is not
> considered to be personal data then what access is there to
> this file by
> the data subject through FOI?
>
> Thanks
>
> Patrick
>
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