I agree, but no-one has come up with a response to Paula's initial
enquiry as to how to answer the question
"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."
My answer would probably run something like this:
Further to your FOI enquiry, I can tell you that x no. of people applied
for the job, x no. were shortlisted, you were one of x no. interviewed
at the first stage, and x no. were invited back for a second interview.
The person appointed was better for the job than you because they had
more experience/were better qualified/were sleeping with the boss
(delete as applicable) I would then give them information on how
interviews responses are graded and offer them copies of their own
interview notes. But I would also explain that we cannot divulge other
people's CVs or interviews as they would be exempt under Section 40 of
FOIA.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Simon Howarth (WSL)
Sent: 12 July 2005 15:37
To: [log in to unmask]
Subject: Re: [data-protection] Interesting query regarding CVs
I would say that the CV's are personal data. If a person requests
information that they can then use with other data to match a living
individual then the data are personal. Therefore a CV saying that a
person was "Systems Manager of Acme Ltd, 1984 - 1991" should be treated
as personal data as almost anyone with a bit of digging could identify
this individual.
All I can say is that if it was my CV you were giving out with or
without my name and address I would be complaining to the ICO in the
strongest possible terms!
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paula owen
Sent: 12 July 2005 11:30
To: [log in to unmask]
Subject: [data-protection] Interesting query regarding CVs
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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