The Scottish Information Commissioner has just given a ruling on
information held within CVs/application forms submitted for posts etc.
He has ruled that information held within a cv etc is personal data and as
such should not be released under FOI.
His ruling can be found at:
http://www.itspublicknowledge.info/appealsdecisions/decisions/decision006.htm
Point 61 in his ruling makes interesting reading.
Alan Redhead
Records Manager
Caledonian MacBrayne Ltd.
Ferry Terminal
Gourock PA19 1QP
Paula owen
<[log in to unmask] To: [log in to unmask]
> cc:
Sent by: This list is Subject: [data-protection] Interesting query regarding CVs
for those interested
in Data Protection
issues
<data-protection@JISCM
AIL.AC.UK>
12/07/2005 11:29
Please respond to
Paula owen
Hello list members
A (rare) interesting DP issue has popped up that I'd like to share with the
group.
This came up as intially as a speculative FOI enquiry but the interesting
issue is potentially a DP one.
Scenario as follows:
A failed candidate for a job (he had one interview but was not asked back
for a second and final one), wrote in to us, and asked for, and I quote:
" Please accept this request under the FOI legislation I wish to see all
the records associated with the above appointment. I don't need names or
addresses."
Now, although it isn't totally clear exactly what he is after, given he has
mentioned that 'names and addresses are not required', I am assuming that,
at least in part, he wants to see the CVs/application forms of the other
candidates.
My immediate reaction was that this is personal data and hence has an
absolute exemption under FOI anyway. But then I thought some more about
whether CVs/app forms would be considered personal if all personal details
were removed from them??
Obviously, in some cases where there is a 'publications section' to a CV
you could work out who the person was to a large degree, but otherwise, is
it personal data?? EG if you knew someone was 'PR manager' for Acme
limited between 2002-2004, you could potentially find out who it is???
My gut feeling is ,'yes of course it still is', but it would be interesting
to hear what other group members think. And if they think it isn't
personal data, would they be happy to release all these CVs/app forms under
an FOI enquiry.
I don't think this issue has been discussed before, so hopefully it will
spark off some interesting debates
Cheers
Paula
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