Edwina Withe wrote
>Not criminal, but likely to be a valid request under Environmental
Health legislation and >therefore "disclosable".
>
>My view is that in deciding whether this disclosure is fair processing
(Principle 1) you will >need to consider the conditions relevant for
processing under Schedule 2; specifically >Condition 3, Condition 5 (b)
>and (d) and Condition 6(1).
6(1) may be relevant but I am not clear that the University is under any
legal obligation to meet 3 nor is processing under 5(b) appropriate for
our processing in releasing the data although it may cover the EHD's
subsequent processing.
Of the responses received so far (thank you to all who have responded on
or off list) the consensus seems to be that, unless either section 29 or
35 can be used (which is unlikely at this early stage) there are no
grounds for release under Schedule 2 except possibly 6(1) but then the
first and second principles need to be considered and are unlikely to be
met.
John Hitches
Kingston University
This email has been scanned for all viruses by the MessageLabs Email
Security System.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|