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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