I'm sure someone might disagree, but if this is *personnel* information,
then surely category 'e' and all that good stuff doesn't apply? Section 70
(2) of the FOI Act, which amends the Data Protection Act, states
that "information relating to appointments or removals, pay discipline,
superannuation or other personnel matters" is exempt.
So if it's personal data under DP, fine. If it's not, you don't have to
disclose it.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
On Fri, 17 Aug 2007 16:03:07 +0100, Bradshaw, Phillip
<[log in to unmask]> wrote:
>The real issue here, as Alan has pointed out is whether there is any
substance in the "complaint that section in handwritten note was missing".
>
>Whilst the typewritten "copy" does not have to be verbatim it needs to be
an accurate and complete reflection.
>
>Bear in mind also that s77 FOIA applies here - once a request so specific
comes in, whilst you may not be compelled to provide a photocopy, you are
on shaky ground if you dispose of the handwritten notes until it is clear
that the applicant is satisfied with your disclosure.
>
>
>
>
>
>Phillip Bradshaw
>
>Information Manager
>Clerk to the Council
>
>Room 111, County Hall
>
>EMail: [log in to unmask] <mailto:[log in to unmask]>
>
>Phone: 029 2087 3346
>Mobile : 07779 284684
>
>Fax: 029 2087 3349
>
>Proactive Publishing Promotes Positive Perceptions
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>________________________________
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>From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Alan Stead
>Sent: 17 August 2007 15:47
>To: [log in to unmask]
>Subject: Re: [data-protection] Unstructured Personal Data
>
>
>Tim
>Even handwritten notes can contain personal data however the issue on this
matter is , do the typewritten notes contain all the substantive
information contained in the handwritten version. If so then these can be
released,. The Act does not state that particular documents should be
released but data and information about the subject. This can be summarised
providing none of the actual data is withheld. The complainant's statement
that he asked for handwritten notes has no substance. His complaint that
information has been withheld is another matter, however that information
should be personal for a claim to be successful.
>
>Hope this view helps
>
>Alan
>
>
>
>Alan Stead
>Service Manager-Information Governance
>Nottingham City Council
>Guildhall
>Burton Street
>Nottingham NG1 4BT
>Tel 0115.9154943
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Rodgers
> Sent: 17 August 2007 15:25
> To: [log in to unmask]
> Subject: [data-protection] Unstructured Personal Data
>
>
> Here's the story:
>
> Meeting between data subject, manager with notes taken by admin
officer
> Request comes in 2 hours later for handwritten notes
> Treated as SAR but typewritten notes provided 40 days later
> Complaint that they requested handwritten notes (also complaint
that section in handwritten note was missing).
>
> Is my understanding that the typewritten notes which form part of
the personnel file are personal data but the handwritten notes (of which
there was no intention to retain in their own form, merely to be turned
into typewritten notes) are not? Durant ruling may apply here? Obviously
applicant can appeal against content of handwritten notes but that isn't
essentially a DPA issue (more omissions or bad record keeping).
>
> Thanks,
>
> Tim Rodgers
> Information Governance Manager
> Legal Services
> Chief Executives Department
> London Borough of Tower Hamlets
> Phone: 0207 364 4354
> Mobile: 0796 770 5102
> Fax: 0207 364 4804
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