Hi,
We get this sort of thing with complaint files, which I think is a similar thing. We try to distinguish what is an individual's personal thoughts "I've known her for 6 years and I've always got on well with her" - from true personally identifiable information - "she arrived 3 hours late".
We also look at the common law duty of confidentiality, I found this on Google -
"The so-called common law duty of confidentiality is complex: essentially it means that when someone shares personal information in confidence it must not be disclosed without some form of legal authority or justification.
The common law duty of confidentiality
The UK Caldicott Guardian Council
https://www.ukcgc.uk/ > duty-of-confidentiality"
I believe the mentor could be justified in expecting their feedback to be kept confidential, so you could argue that by sharing the mentor's feedback you would be interfering with the rights and freedoms of others (the mentor). Is there a mentor contract or MOU? That might help.
Kate
Kate Jeffries CCP, CiSMP GDPR-F DPO-C | Assistant Director: Information Management (DPO, Accreditor)
Information Management | West Midlands Police
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-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Stephen Geraghty
Sent: 10 July 2023 10:58
To: [log in to unmask]
Subject: [External]: [data-protection] SAR Confidentiality exemptions
CAUTION: This email originated from outside of West Midlands Police. Do not click links or open attachments unless you are sure the content is safe.
Good morning everyone,
Academic progress discussions between a student and teaching staff at our college has led to the student pausing their studies by mutual agreement.
The student's teacher training studies involved a placement at a school - and a member of teaching staff at that school acted as a mentor to that student and fed back progress etc to our college.
The student has submitted a SAR to the college and we are in the process of preparing a response. A member of teaching staff at our college has provided data and has stated that some of the data was provided by the mentor at the school to our college in confidence and therefore should not be released to the requestor. Their argument is that, even by redacting the mentor's name and job title, the content of the email would identify the mentor.
My feeling here is that if the college holds a record that names the requestor, then that data should be released (whilst observing appropriate redactions for 3rd party individuals etc).
Is there an exemption regarding information 'provided in confidence' that can be applied here?
Thanks
Stephen
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