Turner8 on 22 December 2004 at 09:53 said:-
> No. As I understand it (from a presentation given by Mike Hopwood,
> Compliance Manager from UKIC), this is the situation:
>
> 1. FOI modifies DPA to introduce a new data class of
> "Unstructured Personal
> Data"
> 2. There is a specific exemption for this unstructured data from DPA
> principles except for the right of access, right of rectification and
> accuracy.
> 3. (This is the important one!) There is a specific exemption
> from *all* DPA
> principles including accuracy and right of access for
> Personnel matters,
> Appointments & Removals and Disciplinary issues.
>
> In conclusion, it is unlikely that much information will be
> covered at all!
Organisational personnel records may not exist as information or personnel
data; what's new?
That no naive black and white legal answer has been provided should be of no
real surprise;
That a situation may have been deliberately created promoting organisations
and their employees to provide an acceptable answer merely indicates a
ducking of the issue, what's new there?
DPO's will no doubt, as in the past, continue to wrestle with the issues,
and the privacy of employees, abandoned as it appears in the employment
context, will no doubt suffer in some organisations as a result.
Public sector organisations will either choose to use the FOI exemption to
protect personnel records from public inspection, or use the DPA and its
exemptions, or both.
Interesting as it is to consider the privacy aspects relating to employment
records, a result that public sector employees, on the face of it, may have
been denied any DPA rights to influence the privacy or accuracy of their
own data in the employment context appears to be the most telling matter.
The interests of the government appear to prevail in this area as much as in
the terrorism one, unless of course other laws provide the same or an
increased level of protection.
I do not hear any employee representative organisation voicing any qualms
about the situation, so clearly that situation seems acceptable so far, and
privacy in the workplace may not be being seen as an issue.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Turner8
> Sent: 22 December 2004 09:53
> To: [log in to unmask]
> Subject: Re: SAR - Employee Recs
>
>
> No. As I understand it (from a presentation given by Mike Hopwood,
> Compliance Manager from UKIC), this is the situation:
>
> 1. FOI modifies DPA to introduce a new data class of
> "Unstructured Personal
> Data"
> 2. There is a specific exemption for this unstructured data from DPA
> principles except for the right of access, right of rectification and
> accuracy.
> 3. (This is the important one!) There is a specific exemption
> from *all* DPA
> principles including accuracy and right of access for
> Personnel matters,
> Appointments & Removals and Disciplinary issues.
>
> In conclusion, it is unlikely that much information will be
> covered at all!
>
> ----- Original Message -----
> From: "Roland Perry" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, December 22, 2004 9:09 AM
> Subject: Re: [data-protection] SAR - Employee Recs
>
>
> > In message <[log in to unmask]>,
> at 08:42:22
> > on Wed, 22 Dec 2004, Turner8 <[log in to unmask]> writes
> > >The policy here in MoD has always been to allow people
> access to their
> > >files, even though there is no right through DPA (post-Durrant).
> > >
> > >However, if you do not allow people access to their files
> now there is no
> > >reason to expect any change when FOI comes in. Under FOI there is a
> specific
> > >exemption from all DPA principles for personnel matters.
> >
> > When you say there's an exemption from DPA, do you mean that an FOI
> > request for personnel matters can be fulfilled, even though it would
> > have been a DPA offence in the absence of the exemption?
> > --
> > Roland Perry
> >
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