Dear All,
Thank you very much for all your feedback. I now feel I have enough information to go back to our HR dept.
Thanks again
Bev
Bev Buckley
University Compliance Officer (Data Protection / Freedom of Information)| Swyddog Cydymffurfiaeth y Brifysgol (Diogelu Data / Rhyddid Gwybodaeth)
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 15 January 2014 13:35
To: [log in to unmask]
Subject: Re: [data-protection] Refusing a SAR for litigation purposes
I am with Chris, Simon and Michelle on this one.
I would suggest supplying the information. Unless there is a clear legal case unfolding in which case the court will take an interest. However, most people mention litigation to attract more attention to their request.
My experience with FOI and SARs is they are usually occur within a grievance or a dispute framework. Few people, outside DPA aficionados, make SARs out of curiosity. Most do it when they want to find something out that they believe was hidden.
In the research I have read on complaints, most people want two things. First, they want to have their say and be listened to. By that I do not mean the polite 20 minutes with the CX and then ushered out the door. They want the chance to make their case.
Second, they want someone to acknowledge the issue and say sorry, even if they cannot or will not admit liability. Organisations can be rather impersonal and the result can be traumatic for people who are not familiar with the systems and how they work. Often times, the SAR and the FOIA are the only means they have to make the organisation "talk" to them. As a result, they try to use the Acts to achieve what a detailed discussion of their case would usually, but not always, resolve.
In large part, the issue comes down to trust. Many people want to record their meetings with organisations because they do not trust them. The SAR process and the FOIA process, for the most part, are processes that they "trust" because it is backed by legislation.
If an organisation is looking to withhold, it has to ask itself, is this to serve the best interests of the officers, the council, or the public?
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul C
Sent: 15 January 2014 11:49
To: [log in to unmask]
Subject: Re: Refusing a SAR for litigation purposes
Hi Bev,
Is the SAR from an employee? In 2009, the monitoring officer at Cheshire West and Chester Council stopped an individual from making Data protection SAR (and FoI) requests by inserting a clause into a compromise agreement and coercively getting the employee to sign it:
http://www.theguardian.com/media/greenslade/2011/feb/22/freedomofinformation-information-commissioner
This lasted for 20 months. If it's an employee, can your HR pursue something along these lines?
Regards,
Paul
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bev Buckley
Sent: 15 January 2014 11:07
To: [log in to unmask]
Subject: [data-protection] Refusing a SAR for litigation purposes
Dear Colleagues,
We are currently dealing with a subject access request however Human Resources are hesitant about disclosing the information as they feel it will be used to pursue a claim against the University. Has anyone come across anything similar to this and refused a SAR for such purposes?
Thank you
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