Although the CV may indeed be personal data, even with the name and address
removed, this does not mean that it cannot be disclosed. There is no absolute
exemption under FOI for personal data unless the requestor is asking for their
own information (in which case you use DPA).
Section 40 is in respect of personal data requested by a third party. If
releasing the data would not breach the DPA or any duty of confidence owed, the
data should be released.
The IC's advice is summarised:
"It is often believed that the Data Protection Act prevents the disclosure of
any
personal data without the consent of the person concerned. This is not true.
The purpose of the Data Protection Act is to protect the private lives of
individuals. Where information requested is about the people acting in a work
or official capacity then it will normally be right to disclose."
I believe that all staff in the public sector should issue a DPA section 10
notice to their employer. This would then have to be considered over and above
the normal rules and may just tip the balance when a request comes in for
data on a member of staff. Such a request could begin: "Please provide details
of the pay of Joe Bloggs who 'works' in your surveyors department. I think
he's a waste of council tax payers' money, etc, etc."
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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