Clementine Amawo on 31 May 2005 at 11:24 said:-
> My gut feeling is that this so feels like it's bordering on a
> breach of the Act and data subject rights.
A thought - Could personnel be attempting to control the disclosure of
information which may form part of a Schedule 7 para. 7 negotiation, and, in
a similar way that most organisations do with retention schedules, are
stretching the issue into a broad and extreme catch all policy containing
hidden costs rather than a minimalist cover of the relevant information?
Implemented as a catch all, in many circumstances breaches of the DPA are
likely to occur. If personnel are able to explain the background reasons for
that policy statement in its present form some simple illumination may be
possible. If they cannot, why not?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Clementine Amawo
> Sent: 31 May 2005 11:24
> To: [log in to unmask]
> Subject: Re: SARS - Access to assessment information
>
>
>
> Thanks for this.
>
> I have also had a look at out recruitment and selection
> policy and concerning this problem this is what it says -
>
> 17. Feedback to Candidates
> ....Feedback will be provided to all assessed candidates who
> request it. This should be without delay once it has been
> requested, and can be given over the phone, face to face or
> in writing as appropriate. Assessors who give overall
> feedback should never copy tests or assessment sheets to
> applicants unless this is specifically agreed by Personnel.....
>
> Does company policy override the DPA?. Can Personnel actually
> get away with stating within their policy the above fact -
> that copies should never be given to applicants
>
> My gut feeling is that this so feels like it's bordering on a
> breach of the Act and data subject rights.
>
> Comments pls
> Thanks
>
>
> > Julie Gibbs <[log in to unmask]> 26/05/2005 17:07:09
> > >>>
> My view is that this should be treated as a subject access
> request and, as such, should be responded to within 40
> calendar days. If a month has gone by already, the 40 days
> are almost up and this would be a breach of the 6th
> principle. Personnel have an obligation to provide a
> permanent copy of the data for the individual in question as
> long as no exemptions apply and I can't see that there would
> be in this case. I would explain to personnel the legal
> implications of not responding to the request (ie an
> Enforcement Notice from the Information Commissioner).
>
> Julie Gibbs
> Information Officer, ICT
> Crewe & Nantwich Borough Council [log in to unmask]
>
> Crewe and Nantwich - A Good Council - and that's official!
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Clementine Amawo
> Sent: Wednesday, May 25, 2005 10:05 AM
> To: [log in to unmask]
> Subject: [data-protection] SARS - Access to assessment information
>
> Hello All,
> A member of staff recently applied for another position
> within the company.She was not offered the position. The
> staff member has now requested to see her assessment file
> from personnel. Personnel have told her that it is still with
> the lead assessor. She (the lead assessor) spoke to the staff
> member today to say that personnel have told her that she can
> only see it to have feedback and that she can't take a copy
> of it so she won't give it to her. She (the staff member)has
> been requesting to see her assessment file now for over a
> month and would like to take a copy of it. She has copies of
> her other assessments, which personnel gave to her without
> question. She has conerns that she has been marked down on
> the assessment that she is not being given access to.
>
> I have informed her that she has a right to the assessments.
> Is there anything I can tell Personnel - a breach , etc. Any
> advice please.
>
> Thanks
> Clementine Amawo
> IMO/DPO (IT)
>
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> _______________________________
> Clementine Amawo
> Information Management Officer / Data Protection Officer (IT)
> Circle 33 Housing Group 1 - 7 Corsica Street, London, N5 1JG
> DL - 0207 288 4131 www.circle33.org
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>
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