With the usual provisos that (a) it all depends o
 
Lawrence

With the usual provisos that (a) it all depends on a proper assessment
of all the facts (b) it is information you are considering not copies of
the documents as such my likely response would be :

1. To the extent that it can be done in such a way as to make
identification of the informant impossible the content of the file note
(but not the identity of the informant) would be disclosed - in fact to
a large extent that has already been done as the social worker would
have to reveal the purpose of the visit, which was not just to have a
chat and a cup of tea. Any information not revealed in the visit which
might identify informant would not be disclosed. Of course often there
is only one possible informant - but if asked directly you grit your
teeth and refuse to confirm or deny.

2. In the second unless there was evidence of something more sinister I
would probably not worry about disclosing the wife's identity. It is
obvious and even if I decide not to seek consent as such I can
reasonably decide that "it is reasonable in all the circumstances to
comply with the request without the consent of the other individual".
Even then I would probably redact and let husband draw the appropriate
inferences.


Phillip Bradshaw

Information Manager
Clerk to the Council

Room CY4A, County Hall

EMail: [log in to unmask]

Phone: 029 2087 3346
Mobile : 07890 265987

Fax: 029 2087 3349

Information is the Currency of Democracy


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 22 January 2010 16:05
To: [log in to unmask]
Subject: Re: [data-protection] Third party permission to disclose

Dear All,

I have been thinking about DP and Access to records legislation. What
about a situation where someone wants to see a file note created on
their account. I will give two different scenarios. The first is social
care, the second is benefits.

In the first, someone calls social services and expresses concern to the
care worker about a relative. They say that they are worried about how
the relative's partner is treating them and concerned about that they
are being cut off from their relatives. The phone call is noted and
then entered on the social care file. Social worker visits the client.
Client is told that someone has called expressing concern about her. The
Client then becomes upset because she believes her family (or someone)
is meddling and making slanderous or libelous allegations about the
partner and asks to see a copy of the file note to seek legal action on
the allegations.

The second is a couple split up and the husband moves out. However, he
leaves no forwarding address and they remain joint owners of the home.
Council tax comes due and the wife calls the council and explains that
the husband moved on on x date so council tax should be reduced or he
should be pursued for his half. File note is duly created noting the
date husband vacated home. Husband is then pursued for his share. He
seeks copy of file note wanting to know what it says and when it was
entered. The content is simply that the wife informed the council that
he left the home on the date nothing more.


Both have DP implications. In the first, I could see redacting the 3rd
party information and still supplying the information i.e. enough so
that they cannot identify the source. In the second, the 3rd party is
known i.e. the wife so I cannot redact that in any way that the
applicant would not know the wife submitted the material. For example,
we have a note on your account showing you moved out on x date. What?
Who told you that? I want to see the file note.

In the first I could proceed, but in the second would I be better using
s.7(6)(a)? Or have I over analyzed the second and it is something that
would be routinely disclosable in any circumstance?

Any guidance would be appreciated.

Thanks

Lawrence


Durham City of Culture - Back the Bid: register at www.durham.gov.uk.

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