Ah,
Then did the title of the FOI s.70 is merely misleading.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Pounder Chris
> Sent: 09 September 2004 12:09
> To: [log in to unmask]
> Subject: Re: Employee manual records: Interaction between DPA and FOI
>
>
> The contents of this e-mail are confidential and may be
> privileged. Please refer to the notice at the foot of this
> e-mail before reading any further.
>
>
>
> Nic Drew is correct
>
> The FOI expands the definition of data (category (e))
>
> but also adds a total exemption from the application of all rights and
> Principles to category (e) data in the context of employment
>
> C
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Ian Welton
> Sent: 09 September 2004 11:57
> To: [log in to unmask]
> Subject: Re: Employee manual records: Interaction between DPA and FOI
>
>
> 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 refer to the notice at the foot of this e-mail
> before reading
> > any further.
> >
> >
> >
> > 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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