We charge members of staff for accessing their personnel files and to the
best of my knowledge no one has resigned during my time here. On bigger
issues, certainly, but not on principle for the sake of £10.
-----Original Message-----
From: Antoinette Carter [mailto:[log in to unmask]]
Sent: 22 November 2005 12:18
To: [log in to unmask]
Subject: Re: [data-protection] Request for sight of personnel records
If my employer thought so little of my contribution to the organisation
to even consider asking me to pay any amount of money for accessing my
own personnel file, I would resign on principle.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 22 November 2005 11:07
To: [log in to unmask]
Subject: Re: [data-protection] Request for sight of personnel records
I agree. I don't think you should charge, but I'm not convinced that
there is any difference in the provision for charging between access
provided by way of a copy and access provided by way of a viewing.
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: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, November 22, 2005 10:03 AM
Subject: Re: Request for sight of personnel records
Why would you want to incur charges for employees.....wouldn;t make for
good relations.
D
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 22 November 2005 09:35
To: [log in to unmask]
Subject: Re: Request for sight of personnel records
Why can you not charge for a viewing? It's still access, with the only
difference being that the Data Subject has waived their right to a copy.
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: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, November 22, 2005 9:24 AM
Subject: Re: Request for sight of personnel records
> In a message dated 21/11/05 16:58:12 GMT Standard Time,
> [log in to unmask] writes:
>
>> Has anyone got a view about the rights of a member of staff to demand
>> sight
>>
>> of their personnel files, in other words going to look through them
in
>> situ, in preference to being supplied with a copy of those files?
>
> --------
> Most public sector employers are bound by agreements with trade
unions.
> When
> I worked in Local Government (yes, it was a long time ago and things
do
> change) there was an agreement that staff could have supervised access
to
> their
> personnel file within seven days of a request. The file was checked
and
> certain
> documents were removed before access was granted. No-one ever kept a
> record
> of what was removed, nor did they have to justify their actions.
>
> I have no idea whether the union/employer agreement still exists, nor
> whether
> it has been replaced. I know several people who said it was no longer
> needed
> because of the access provisions of the Data Protection Act 1998.
>
> Now that the Durant debacle has ensured that employers do not have to
> reveal
> what is held in a manual personnel file, employees will not have any
power
> to
> force disclosure, or viewing, of their (manual) files. If however the
> bosses
> have decided the files are covered by DPA, the rules state that a hard
> copy
> must be provided unless the data subject agrees otherwise. This
suggests
> a
> certain amount of discretion on your part. You could be awkward and
say
> that
> "viewing is not an option, only hard copies are available and
therefore
> you must
> pay us." If you agree to the viewing, you cannot charge.
>
> In reality, though, many employers will see the issue as an employment
> relations issue and will grant access to personnel records because
they
> have nothing
> to hide (and therfore nothing to fear?). Letting the person view the
> file,
> rather than forcing them to have a copy of it, will be cheap and
hopefully
> cheerful.
>
> Ian B
>
> Ian Buckland
> Keep I.T. Legal Ltd
> (Reg: 3822335)
>
> 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
> rely upon any advice given without contacting your solicitor. If you
need
> further explanation of any points raised please contact Keep I.T.
Legal
> Ltd at
> the address below:
>
> 55 Curbar Curve
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>
> Tel: 01246 473999
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