The information is exempted from SAR at the Investigation stage but if
it goes to disciplinary then all will be revealed.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 02 September 2008 14:36
To: [log in to unmask]
Subject: Re: staff investigations
I have (probably controversially) argued that some information provided
about a person during a disciplinary investigation is confidential. This
is in situations where a person has been told that what is said in the
interview will be treated confidentially. Section 7 (6) says that we can
bear in mind "any duty of confidentiality owed to the other individual".
Having said that, this won't be relevant in some cases, and won't be
relevant to a great deal of the information.
In general terms, with this one possible exemption and only if it is
legitimately employed, I think you're right - there's no exemption for
disciplinary. All of the most difficult SARs I have dealt with have been
staff facing disciplinaries, and I have given out the vast majority of
what was requested.
Cheers
Tim Turner
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Matt Cooper
Sent: Tue 02 September 2008 14:23
To: [log in to unmask]
Subject: [data-protection] staff investigations
I just wanted to check with list members that I havent missed something
on an issue that has arisen here.
I have received a SAR from a member of staff who is currently subject to
a misconduct investigation. I have gone to HR to gather the information
but a question has arose as to whether its appropriate to provide
information about the individual whilst the misconduct investigation
remains ongoing.
I have advised that there is no exemption to prevent release under DP of
information collected during the investigation (other than removing
third party data, cat e data under the exemption etc).
I just wanted to double check I wasn't missing something obvious? Im
anticipating an argument that release at this stage may hinder the
investigation but can't see any exemptions to refuse to release such
information under a SAR?
Grateful for a second opinion
Best regards
Matt Cooper
University of Wales, Newport
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