Alan
I have looked at this decision but it seems a bit ore
clear-cut....e-mails between two specific employees is slightly
different and I have been told that an e-mail address is not personal
information only content. I thought perhaps Privacy & Electronic
Communications may come into it but it is very much untested
ground........
D
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 13 July 2005 09:28
To: Broom, Doreen
Subject: Re: [data-protection] Interesting query regarding CVs
Doreen,
The Scottish Information Commissioner has published a ruling on a case
regarding someone wanting information on other candidates for a position
they were unsuccessful in applying for. It may be of interest.
Alan Redhead
Records Manager
Caledonian MacBrayne Ltd.
Ferry Terminal
Gourock PA19 1QP
"Broom, Doreen"
<[log in to unmask] To:
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X.GOV.UK> cc:
Sent by: This list is Subject: Re:
[data-protection] Interesting query regarding CVs
for those interested
in Data Protection
issues
<data-protection@JISCM
AIL.AC.UK>
13/07/2005 09:14
Please respond to
"Broom, Doreen"
I am currently dealing with an issue like this but I am of the view that
an employee's training record is personal to him/her - is kept within
his/her personal file and is of no public interest. I think this could
open the floodgates e.g. I could write in and ask for every single
e-mail my Line Manager has written and I do not think that that is the
purpose of FoI especially when an employee has a grievance against a
Line Manager.
I would be interested in any comments.
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 13 July 2005 07:50
To: [log in to unmask]
Subject: Re: Interesting query regarding CVs
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
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