I think you're probably fine to continue processing it, as the rights to object or to erasure are likely not satisfied, but for completeness, what is your legal basis for processing for the professional suitability panel (and maintaining those records)?
Dan
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Duncan James
Sent: 17 April 2019 11:31
To: [log in to unmask]
Subject: [data-protection] Deleting an opinion
Morning all,
Can I run this scenario past you helpful people?
Person A expresses a view about a high profile (international) news article in a matter that is incompatible with their role.
Person A is then subject to a Professional suitability panel because of it.
All parties (including the Person A) are sent the same case file.
An external panel member (called in due to their expert knowledge) has read the case file and then meets Person A during the panel.
During the deliberation, the external expresses their professional opinion about Person A but uses a stronger word to describe persons A's views on the "high profile news matter" than person A had used originally - this professional opinion is recorded (accurately) in the notes.
All parties then receive the outcome of the panel, including the minutes.
Person A determines that the opinion expressed by the external member were "untrue, slanderous and defamatory" since they "cannot be considered an opinion since they are incorrect and not based on any fact".
Person A appealed the outcome of the panel to an external body on the basis that the decision reached hinged on that opinion and that in their view the outcome would have been different is that opinion was not considered.
The external body said the outcome was justified.
Person A has now asked what steps they can take under GDPR to "have this removed from the outcome as it has been used in a decision making process but is untrue"
So the question is - aside from educating them on the meaning of the word 'opinion', is there an obligation to do anything?
In my view the Professional Opinion of the external panel member is exactly that, and the minutes are an accurate reflection of the meeting- so it isn’t "inaccurate data".
The outcome of the panel would likely not have been different if they had used softer language and this has been backed up by the outcome of the appeal to the external body.
Am I missing something?
Thanks
Duncan James
Duncan James | Data Protection Officer| Records and Information Manager (Legal Services)
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