In a message dated 15/09/04 10:14:54 GMT Daylight Time,
[log in to unmask] writes:
> Using this type of filing system could have a useful side effect worth
> noting; post Durant an argument would be available that the data controller
> will not have to respond to a SAR indicating information had been passed to
> somebody under an exemption.
>
> The files about exemptions access could effectively remain secret forever.
>
--------
Except that if the employer is a public body, the information will be
available to anyone from next year. As it would not be personal data, therefore not
exempt, I could write and ask for "details of any staff member who had been
investigated for any offence" and would be given a copy of the file, presumably.
It may be in the interests of good relations with staff that once the person
is eliminated from enquiries, the fact that their details had been given is
made available to them. I for one would want to know whether the correct
procedure had been followed - ie s29(3) notice, proper assessment of the request,
recorded decision and reasons for the decision, and proper authority to
disclose.
If the employer or the police had cut corners, I would want to know who to
sue for the damage and distress.
Another good reason for including it in the person's personnel file is that
following Huntley, the information may indicate a pattern of behaviour that
could be useful for disciplinary or criminal action in the future. :-)
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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