Is the welfare officer on the staff of your organisation or an external
third party? If the latter, their consent would most likely be needed for
disclosure.
Even if they are on the staff, third party consent might still apply in
respect of the member of staff who saw the welfare officer. They were doing
so in their own right as an individual, not as a function of their
employment, and therefore not as an agent of the Data Controller. That
makes them a third party (the other two being the Data Controller and the
line manager who is making a Subject Access request). If the disclosure to
the line manager would enable them to identify the individual as the source
of the comments (even if the report was edited), then that individual has a
say in whether the information is disclosed. You should seek their consent
and, if they say no, you are likely to be entitled to withhold access from
the line manager.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
>----- Original Message -----
> From: "Turner8" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, January 06, 2005 2:33 PM
> Subject: Welfare report
>
>
> > One of our staff has seen a Welfare Officer, and I have a copy of the
> > report
> > written by the welfare officer. The report contains references to the
line
> > manager of the individual. The line manager has subn=mitted a SAR for a
> copy
> > of the report or just the references to him.
> >
> > What do you think? Do I need to provide it?
> >
> > The paper copy I have is probably exempt post-Durrant but I expect the
> > Welfare officer has a soft copy.
> >
> > Thanks,
> > Stewart
> >
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