Consent is not a relevant issue here, the members of the promotions
committee should not try and hide behind anonymity when they make their
professional decisions. They should have been reminded that their decision
was open to scrutiny, they should also have known. I think it is our
responsibility as DP officers to support the rights of the data subject even
if it causes us inconvenience.
You may be able to use the "duff-up" factor if you think that there is a
possibility of violence, but you will need a professional (doctor, social
worker) to confirm this.
Chris Tinsley
Information Officer
Wiltshire County Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Gwenan Owen
Sent: 18 October 2004 13:08
To: [log in to unmask]
Subject: [data-protection] Consent
I'd be grateful for the list's opinion on the following:
I've received a SAR from a member of staff following an unsucessful
promotions attempt. The staff member specified that they were only
interested in documents relating to the promotions committee's
deliberations of their case.
As part of our promotions committee procedures members of the committee
are given sheets where they "rank" individuals, having read through the
individuals' submissions and any references. The promotions committee
members were not told in 2004 that their comments might be made
available to the individual concerned (something we are going to change
for the 2005 round). Because of this I decided that I would need consent
from the promotions committee members to show their ranking sheets to
the individual, most have agreed a few have not and they've been withheld.
The data subject has challenged my view on this by saying that the
process should be completely transparent, that there is no need for me
to ask for consent from the committee members and the ranking sheets
should be made available to him.
I would be grateful of the list's view on this ...
thanks
Gwenan
--
______________________________________________________________________
Gwenan Owen
Rheolwr Cofnodion y Brifysgol/University Records Manager,
Gwasanaeth Llyfrgell, Archifau a Rheoli Cofnodion/
Library, Archives and Records Management Service
Gwasanaethau Gwybodaeth/Information Services,
Prifysgol Cymru, Bangor/University of Wales, Bangor,
Ffordd y Coleg/College Road,
Bangor, Gwynedd LL57 2DG, UK
ffôn/tel: (01248) 38 2413
ffacs/fax: (01248) 38 8194
[log in to unmask]
______________________________________________________________________
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