1) Why is the statement on *her* file in the first place? Surely it's
part of any investigation into the situation, not part of her personnel
record.
2) The statement is very unlikely to be personal data, thanks to Durant.
3) Whether Data Protection actually comes into it or not, retention
should be based on the principles of relevance and fairness. If the
information is factually accurate and relevant to a current or likely future
investigation, I can't see any reason for not retaining it, signature or no.
If, on the other hand, the person who gave the statement is now saying that
it isn't accurate, or not a true representation of her opinion, then it's
unlikely to be worth keeping it because it would most likely be repudiated
during any future investigation or disciplinary action.
4) What does a signature on such a statement mean? This should be
clarified whenever a statement is signed: there could be a significant
difference between "This is an accurate record of the interview." and "This
is what I believe to be true."
I don't see this as the kind of situation that is resolved by application of
a set of rules, but one that is more likely to be dealt with satisfactorily
by negotiation.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Sara-Jane Newbon" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, February 27, 2006 2:14 PM
Subject: HR Question
Hi
If anyone is particularly versed in the ways of DPA & HR I would be
grateful for any responses on or off list
A member of staff gives a statement about 2 colleagues who are not
getting on happily with each other, 1 of them leaves and the member of
staff (who was never really very happy about providing a statement in
the first place but did so to try and alleviate matters) has now
requested that the statement be removed for her file as she wasn't happy
with it in the first place and has never signed it.
I believe that under DPA she has this right and it is up to HR to
justify if they feel they need to hold on to it (possible court action
maybe but as yet nothing has happened) - understandably HR not happy but
I have told them that 1. they need to talk to the person that provided
the statement to see if they can reach an agreement 2. but if not they
need to get their own legal advice as to whether they have good enough
grounds to retain.
Am I right or horribly wrong or is there a third way?
Many Thanks
Sara Jane Newbon
Information Management Officer
[log in to unmask]
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