In a message dated 22/12/04 11:43:17 GMT Standard Time,
[log in to unmask] writes:
> 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.
----------
I believe that neither the powers-that-be nor employees (and reps) understand
exactly the situation that has arisen from the Durant case and the exemption
from access to personnel files under FOI. There was something of an overlap
period where the two restrictions passed by each other almost unnoticed.
What it effectively means is this:
1) If an employee asks for subject access to their personnel data, they will
be entitled in law to recieve ONLY the stuff that is held on computer;
2) If there is also a manual file, it is unlikely to be structured and is
therefore outside the scope of DPA. After Johnson, this would also include data
that had been printed from a computer file but was no longer held in computer
form;
3) The FOI specifically exempts personnel information from the "unstructured
manual file" extension;
4) Managers and bosses generally can then hold any information they like
about the employee, including unfounded allegations, without ever having to reveal
them to the accused (sorry I mean employee);
5) They could put those allegations in a reference provided the recipient
does not scan it and or computerise it in some way.
Of course scrupulous employers would not do these things, but IMHO it would
all be legal.
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
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further explanation of any points raised please contact Keep I.T. Legal Ltd at
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