It all comes down to the choice of hiding behind the law (poor career move)
or being open and up front in all dealings.
Regrettably someone may have been rather stupid in the data they recorded.
Putting this right, while it may cause waves, repairs reputations.
Always remember that an SAR is but one weapon in litigation. A witness
summons is another and rather more powerful. Ask Michael Johnson about it
and his dealings with UBS and Perot Systems.
http://www.marketingimprovement.com/hotnews/freestanding/johnson-perot.html
refers.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Antoinette Carter
Sent: 12 August 2005 14:21
To: [log in to unmask]
Subject: Re: [data-protection] [Maybe Spam] Re: [data-protection] SAR -
Durant - Litigation
So if I sent you an e-mail saying: "I know you sent an e-mail to my
colleague, Mr X, in which you state that you think I have de-frauded the
company of funds. Please supply me with a copy of it." How would you
respond?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of ALASDAIR WARWOOD
Sent: 12 August 2005 13:53
To: [log in to unmask]
Subject: [Maybe Spam] Re: [data-protection] SAR - Durant - Litigation
Actually no - because you don't have to tell the data subject that your not
giving them something to which they are not entitled - you just give that to
which they are entitled!
Regards
Alasdair
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Antoinette Carter
Sent: 12 August 2005 13:45
To: [log in to unmask]
Subject: Re: SAR - Durant - Litigation
Except that if you refuse to disclose information claiming this exemption,
you are effectively admitting that you're guilty of something, you're just
not saying what. The Data Subject would then, if he had any sense, refer
the matter to the Information Commissioner who would be obliged to
investigate, and would also be obliged (if he had found some sort of
criminal activity) to refer the matter to the Local Constabulary if needs be
....... So all in all, not a very clever move...
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of ALASDAIR WARWOOD
Sent: 12 August 2005 13:33
To: [log in to unmask]
Subject: Re: [data-protection] SAR - Durant - Litigation
Schedule 7 Paragraph 11 gives some "5th Amendment" exemption.
Regards
Alasdair Warwood
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Antoinette Carter
Sent: 12 August 2005 12:50
To: [log in to unmask]
Subject: Re: SAR - Durant - Litigation
Mmmm. Methinks you are on very dodgy ground there. You can't ask them if
they are seeking information for that purpose, so in what way could you be
"aware" of possible litigation in the future. You can't not disclose
information just because the information might give them grounds to sue you!
If litigation has already been initiated, or a submission made to a tribunal
(eg. Employment Tribunal) you could deny access. But if a SAR unearths
information which the data subject might want to sue over, there is no
reason why he shouldn't submit that information as evidence in a court case
at a later date. There's no such thing as the "5th Amendment" in the Data
Protection Act as far as I'm aware!!!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Rob Dawson
Sent: 12 August 2005 12:18
To: [log in to unmask]
Subject: [data-protection] SAR - Durant - Litigation
Dear all
I have been rereading the Durant judgement and noted that LJ Auld, in
reference to S7 SARs stated ...
"Nor is to assist him, for example, to obtain discovery of documents that
may assist him in litigation or complaints against third parties. "
It struck me that where a Data Controller receiving a SAR was aware that the
request for data would, could or may be used in litigation and not for
checking compliance with the DPA or privacy etc the Data Controller could
refuse access.
Comments please.
--
Thank you and kind regards
Opinions are my own and do not necessarily reflect those of my employer
Rob Dawson
Institutional Compliance Officer
University of Chester
Parkgate Road
Chester
CH1 4BJ
[log in to unmask]
Chichester House 002
Tel: 01244 392892
Fax: 01244 392821
http://www.chester.ac.uk/
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