you cannot delete now that the request has been received - FOIA s 77 applies to SARs as well as FOI requests
Susan Healy
Information Policy Consultant and Data Protection Officer
The National Archives
Tel 020 8392 5330 ext 2305
Email [log in to unmask]
www.nationalarchives.gov.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Marchini, Renzo
Sent: 12 March 2008 14:03
To: [log in to unmask]
Subject: Re: [data-protection] To disclose or not to disclose?
The colleague (Y) who made the "off the record" comment about X clearly
intended that the information would be confidential.
X has made SAR. Opinions made by Y are likely to be personal data
about X. On the face of it, X is entitled to be told those opinions.
However, section 7(4) of the DPA needs to be considered as in disclosing
those opinions you are at risk of disclosing "information relating to
another individual [ie Y] who can be identified from that information".
As such you need to consider para (a) and (b). Get consent from Y if
you can. If You can't get consent from Y, you need to consider whether
it is reasonable in all the circumstances not to disclose. Given the
effect on working relationships, sounds like you may be justfied in not
disclosing.
The Ico's employment code of practice (supplementary part, page 40) is
good at discussing this balancing exercise.
However, given it was "off the record", why was the information recorded
in the first place. Delete?
Renzo
Renzo Marchini
Counsel
Dechert LLP
+44 (0) 20 7184 7563 direct
+44 (0) 20 7184 7001 fax
[log in to unmask]
www.dechert.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Hughes2 John (RJ6)
MHC-TR Manager
Sent: 12 March 2008 13:37
To: [log in to unmask]
Subject: [data-protection] To disclose or not to disclose?
Hi all
A member of staff (X) recently made a grievance claim against a
colleague which has been fully investigated and X has received copies of
all relevant documents up to and including the final resolution meeting.
X has now put in a SAR for any additional personal data help about her
subsequent to the meeting. On file there is a memo summarising "off the
record" comments from colleagues about X's behaviour and competency
level gleaned during the course of the investigation.
Should this document be disclosed? Names of colleagues who contributed
can be redacted but my friends in HR are very worried about the fallout
within the relevant department as relations between X and her colleagues
are already strained. Disclosure will only make matters worse.
Do any exemptions apply? Any advice would be much appreciated.
Regards
John Hughes
DP Officer
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