Hello
I know you wanted counter arguments, but I agree with you.
As long as the information is being processed for the purposes of the Data
Controller, that organisation is responsible for it, and the location of the
processing isn't relevant (regardless of how desirable or undesirable that
location might be). Otherwise, a person could take all of their files home
and tell everyone to get lost, which doesn't sound right somehow.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: J.S.M.Whitaker [mailto:[log in to unmask]]
Sent: 25 May 2006 10:58
To: [log in to unmask]
Subject: [data-protection] SAR - Material kept at home
I'd be very interested in any views or pointers to authoritative resources
on the following situation.
A member of staff is the line manager of someone who issues an SAR. It
appears that, in the course of working at home, some potentially disclosable
material has been created and retained there. I am taking the view that
this is held "by or on behalf of" the organisation and as such is
(potentially) disclosable.
(Yes, all the usual things have been/will be said about proper storage of
company information etc. etc. but that is another matter.)
Any arguments against my view welcomed. (I'm working on English legal
requirements here, not what might be "good practice" but outside the
requirements of English legislation.)
Many thanks
Jim
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.
This footnote also confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses using Sophos
anti-virus software.
www.mimesweeper.com
www.sophos.com
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|