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
Liverpool Hope University accepts no responsibility for this email, its
contents and any loss or damage
arising in any way from the receipt or
use of this email and its attachments
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The information in this email is solely for the intended recipients.
If you are not an intended recipient, you must not disclose, copy, or
distribute its contents or use them in any way: please advise the
sender immediately and delete this email.
Perth & Kinross Council does not warrant that this email or any
attachments are virus-free and does not accept any liability for any
loss or damage resulting from any virus infection. Perth & Kinross
Council may monitor or examine any emails received by its email
system.
The information contained in this email may not be the views of Perth
& Kinross Council. It is possible for email to be falsified and the
sender cannot be held responsible for the integrity of the
information
contained in it.
Requests to Perth & Kinross Council under the Freedom of Information
(Scotland) Act should be directed to the Freedom of Information Team -
email: [log in to unmask]
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|