-----Original Message-----
From: Broom, Doreen
Sent: 26 October 2006 12:05
To: [log in to unmask]
Subject: RE: [data-protection] FOI Advice Please.
Ask the individuals if they are willing to consent to their statements
being sent. If not then go down the FOI exemption for personal
information and state that you owe a duty of confidentiality to the
people concerned and you have asked if they would consent and they have
expressed their refusal. All that can happen then is that the person
goes down the IC route and ultimately they will decide.
Doreen
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 26 October 2006 11:41
To: Broom, Doreen
Subject: RE: [data-protection] FOI Advice Please.
***** This email was received from the GSX *****
This gets trickier as the person did not attend the hearing (they
resigned in advance and didn't show on the day) the hearing was heard in
their absence. They now retrospectively want copies of everything. Even
going down a DPA access route wouldn't I still have an obligation to
maintain the confidentiality of the 3rd parties?
Many thanks for your reply
Rachel
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 26 October 2006 11:30
To: [log in to unmask]
Subject: Re: [data-protection] FOI Advice Please.
Rachel
I don't know how your procedures work but we have the same issue here.
If a case is only an investigation - nobody is entitled to the Notes
(even the person being investigated) but if it goes to an actual hearing
then you are entitled to the Notes and like your organisation, have been
given in confidence.
You have the normal exemptions under FOI though - personal information -
I won't quote the section as it is different up here from England and
Wales.
Also, who has made the request. If it was the ex-member of staff they
would have perhaps been better going down the DP route.
I hope this helps.
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Rachel Markham
Sent: 26 October 2006 09:47
To: [log in to unmask]
Subject: FOI Advice Please.
Can anyone please help me with regard to a complex request made under
FOI for copies of some interview transcriptions made by employee
witnesses in relation to a conduct case about a former member of staff?
I seem to be going round in circles as the FOI legislation seems to make
one stance explicit towards disclosure but then another section of the
Act (Section 41.(1)b etc seems to clearly say otherwise. All of the
witness statements were given in confidence by the individuals as part
of internal investigations.
Does an investigation into alleged misconduct count as exempt
information under Section 30(2)a (iv) or b of the Act?
Many thanks in anticipation of your advice.
Rachel
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