-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Simon Macaulay
Sent: 09 May 2011 16:57
To: [log in to unmask]
Subject: [data-protection] Internal FOI and the release of PD of a staff member
Hello all, grateful for some advice.
I received an internal FOI request from a staff member about special leave allocation, criteria and statistics etc.
I forwarded to HR who eventually sent a response..but bypassing me straight to the applicant! (I beleatedly found this out when enquiring about the request re time).
Their reasoning for this was that:
'I did not copy you in as the information provided more or less identified an individual, whom ******* knows about - making it staff in confidence'
I am pretty sure their rationale for an indiviudual's SPD to be identified in this instance is that the applicant is the line manager of the person identified and thus already knows their special leave details.
However......Couple of issues here
1, what do you think about excluding the DP/FOI Officer from seeing the actual information supplied, be it sensitive PD or not. Seems nonsensical to me, unless HR want to take on the job of DP officer (they're welcome btw)
2, and the one I want some help on is:
even if the applicant knows the subject and the subject's special leave history should the subject's explicit consent still be sought?
Would it be classed as fair and lawful to process (e.g. disclose, release) by releasing the information in the different context of an FOI request to an applicant who already knows that data as a line manager?
Should the subject in fact be explicitly given the option to release in this context given that their line manager is potentially interested in special leave criteria and stats possibly with a negative view on the subject's special leave?(hypothetical assumption).
The alternative to refusal of consent being an aggregated return that makes it impossible to identify which staff member is taking lots of special leave in a specific branch.
All help appreciated.
Ta, Si mac.
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