Ok, I thought the link would fit, but I'll tiny it up:
http://tinyurl.com/8vnle
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 25 October 2005 12:21
To: [log in to unmask]
Subject: Re: [data-protection] malicious email, DP or FOI
With regard to "Fred is a Fool", did you read about Clifford Chance?
(http://www.marketingimprovement.com/hotnews/freestanding/cliffordchance.htm
l and other sources) One source, which we did not quote, discussed goats
and a named Airbus Industrie person in a wholly unusual manner.
It is data. It is an alleged attribute of Fred.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of PETER SELENIC
Sent: 25 October 2005 11:35
To: [log in to unmask]
Subject: [data-protection] malicious email, DP or FOI
I must agree. My view
"Fred is a fool" is not personal data.
"Fred is 6 ft tall " is personal data.
Was the definition set as being biographical ?
Regards
Peter
Retraction. Fred is purely a fictitious character and any reference to any
living person named Fred was purely accidental.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 25 October 2005 11:25
To: [log in to unmask]
Subject: Re: [data-protection] malicious email, DP or FOI
It's certainly personal, in my view, but is it data? That seems to me what
this case hinges on, if they question is whether you have to disclose, like
it or not.
In this specific case, you have consent. With consent from all parties you
can do pretty much what you want. The thing to be wary of, however, would
be setting a precedent, so you would have to be very clear about the basis
on which any disclosure was made.
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: "Carter, Antoinette (KIS)" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, October 25, 2005 11:15 AM
Subject: Re: malicious email, DP or FOI
Mentioning a colleague by name and making a derogatory comment about them is
definitely personal data.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of PETER SELENIC
Sent: 25 October 2005 11:12
To: [log in to unmask]
Subject: Re: [data-protection] malicious email, DP or FOI
If, as in our case the believe was a malicious email existed, would it not
have been in the "best interests" of the applicant to have provided the data
requested under FOI. Any data covered by DP could have been redacted.
I am not as yet aware of the full details of this appeal, but if I assume
the email may only mention the applicant by name and I assume some
derogatory statement, does this in itself constitute personal data.
Regards
Peter
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 25 October 2005 10:47
To: PETER SELENIC; [log in to unmask]
Subject: RE: malicious email, DP or FOI
I can't see there being any problem if you have consent to disclose and I
would suggest that this is a DP issue. We had a similar one where an
employee asked for e-mails between A and B as part of an FoI request but
this was refused on grounds that we had not had consent from A and B to
disclose - plus we owed a duty of confidentiality to the others.
Doreen
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825059
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of PETER SELENIC
Sent: 25 October 2005 10:32
To: [log in to unmask]
Subject: malicious email, DP or FOI
The college is currently dealing with an appeal against a decision made in
connection with the college's grievance procedure. As part of the appeal,
the appellant wishes for certain e-mail correspondence to be disclosed The
appellant (let's call her A) alleges that X (an employee of the college)
sent an e-mail to Y (another employee of the college), the content of which
was malicious in respect of A, and would want to claim that a copy of such
an e-mail would support her claim that she was being bullied. Should this
be treated as a DP issue, A making the SAR or a FOI issue. I have as yet not
been provided with details of the appeal. X has no objection to her e-mails
being retrieved to demonstrate that she hasn't been malicious, does that
make any difference?
Opinions would be appreciated.
This email no longer exists in either X or Y Mailboxes but does exist on a
backup tape of individual mailboxes. Staff mailboxes are backed up as they
are deemed to be business related. Student mailboxes are deemed to be
domestic purposes and hence covered by the Section 36 exemption as the
colleges register entry does not include a reference to this processing.
These mailboxes are not backed up.
However in the interests of disaster recovery the complete email database is
backed up. During the restoration of this in a disaster scenario the
mailboxes do not exist, hence are not subject to data access requests. Again
comments would be appreciated.
Regards
Peter Selenic
DP Officer
Epping Forest College
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