As a slight comment on Donald's 'domestic purposes' point assuming the staff
member has this information saved on their network drive at work there is an
argument that it may be held/processed by the data controller although I'm
not too sure how far you could push it as it depends on your policy for
personal use of work IT equipment.
At Wigan no personal use of council IT is allowed and it is made clear that
all information held on the Council's IT systems (PC Hard drives or network
drives) remains under the control of the council.
Lee
-----Original Message-----
From: Donald Henderson [mailto:[log in to unmask]]
Sent: Tue 20 June 2006 10:08
To: [log in to unmask]
Subject: Re: [data-protection] SAR from manager to member of staff
My gut reaction is that the member of staff is a 'person' in this instance
rather than a part of the organisation. The manager would have to apply to
the individual rather than the organisation and discover that there is no
subject access right in this instance (since the individual is covered by
the domestic purposes clause).
It may be that the member of staff does hold some relevant information as an
employee of the organisation, but I would hope that it would be available
elsewhere in the organisation anyway.
Donald Henderson
Information Compliance Manager
Perth & Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graham Donelan
Sent: 20 June 2006 09:47
To: [log in to unmask]
Subject: [data-protection] SAR from manager to member of staff
Help please.
Scenario.....
Ongoing grievances.....member of staff submits Subject Access Request for
all correspondence relating to that member of staff between their line
manager, the departmental manager and Personnel Office. Request complied
with.
Line manager then submits a Subject Access Request for "copies of all
documents (including correspondence) about myself held by [member of staff]
in hard copy and electronic format".
Does the manager have the right to that information?
Thanks in advance.
Graham
Graham Donelan
University Secretary
Liverpool Hope University
Telephone - 0151 291 3756
Fax - 0151 291 3855
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