Donald Henderson on 09 September 2004 at 14:17 said:-
> Aren't we rather getting hung up on the words rather than the
> spirit of
> it all ?
Yes we are, and jocularity aside, the spirit of the issue seems to be the
crux of the situation.
Chris Pounder quite correctly promotes a strict legal interpretation of the
DPA 1998 as amended by the FOI.
Focal aspects contained in a heading within the FOI are not reflected within
the subsequent amendments made within the DPA. (Whether this is a
legislative blunder, a simple drafting error or a deliberate political act
seems irrelevant to the current circumstance.)
The result seems to be a two tier system, with many rights granted by FOI
applying within the public sector, but not the private.
The spirit of openness in dealings with people, access to, and some
influence over, some personal data held for employment purposes could
potentially therefore not be fairly applied across the board.
Unless of course there are other issues not yet raised which would rectify
that situation.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Donald Henderson
> Sent: 09 September 2004 14:17
> To: [log in to unmask]
> Subject: Re: Employee manual records: Interaction betwe en DPA and FOI
>
>
> Aren't we rather getting hung up on the words rather than the
> spirit of
> it all ?
>
> There is a general presumption of disclosure under FOI and
> accessibility
> to your own information under DP. We can happily chose to
> give a person
> access to any information about themselves that FOI might
> exempt as long
> as we hold true to the DP principles.
>
> I'm just hoping that when someone actually gets round to
> doing something
> about the DP amendment in Scotland (hint, hint !) they word it a bit
> more clearly....
>
> Donald
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