In a message dated 11/11/05 15:34:22 GMT Standard Time,
[log in to unmask] writes (snip):
> Using the Durant judgement to argue that a HR filing system is not
> structured according to specific criteria relating to individuals whom are
> the focus in order to provide easy access to the personal data in question
> would seem at variance with the underlying reason for such a structure being
> constructed. The lawyers will no doubt argue the issues out eventually.
-----------
I agree entirely. I think the Durant case was seen merely as an opportunity
to re-raise the point of view expressed by Lord Williams of Mostyn (correct?)
during the debates before the 98 Act was finalised.
I suspect that the original advice from the then Data Protection Registrar
was not welcomed by the government (including the Lords) but I suspect also that
Personnel Departments around the country were resigned to the idea that staff
would have access to information that previously could be kept secret. I
know for a fact that some documents were shredded and others were moved to secret
filing systems to avoid them being accessed by the individuals.
I remember also that one of the main reasons for the legislative extension to
cover manual files was because some employment blacklisting companies had got
rid of their computers systems as soon as the DPA84 came in so they could
continue to hold files and opinions that could never be challenged. The new Act
was intended to bring them into line and for a while it almost succeeded.
Ian B
Ian Buckland
Keep I.T. Legal Ltd
(Reg: 3822335)
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