See http://www.jisclegal.ac.uk/dataprotection/dataprotection.htm
I query the statement in the Legal Briefing Paper that:
"A request by an individual for information about him or herself is exempt
under the FOIA 2000 and should be handled as a 'subject access request'
under the DPA 1998."
I have mentioned before that I requested all the papers held by my Council
about the rubbish collection at my block of flats. As this was a case
concerning myself and I wanted the emails/correspondence that mentioned me I
specifically said that they should mention my name. I agree that this might
have been unnecessary - but I wanted to focus the enquiry and the case
mainly concerned myself.
I therefore dispute that it might have been considered a DPA request. I
wasn't asking for records on a database concerning myself - these were ad
hoc emails - but in the terms of the statement above I was an individual
requesting "information about him or herself".
I would comment specifically about Simon's request that the requester has
the right to change or at least comment on incorrect information.
I would presume that where a 3rd party is mentioned that their name might be
withheld (this is not my specialised area!) - as per the Freedom of
Information Act - this does seem to be an area that might be helpfully
clarified on the Information Commissioner's website.
Nick Landau
----- Original Message -----
From: "Simon Lock" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, May 26, 2006 10:46 AM
Subject: [data-protection] Simon re: Employee SAR
> Dear All,
>
> We have recently received an employee SAR to look at their personnel file.
> There is some confusion as to what information the individual is entitled
> to see. There is some "confidential" correspondence on the file regarding
> staff absence, would we be compelled to release this or is this out of the
> remit of a DPA SAR?
>
> Many thanks
>
> Simon
>
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