Jan,

Your email addresses many of the issues that I'm wrestling with at the moment as I try to compile a Code of Practice for the Council.

I though I'd give you my opinion but I'm sure that others will put me right if I get it too wrong.

>Is all data captured both manual and computerised for the total period of
>his employment or just new data that was added to the files after
>the 24th October?

You will have to disclose existing computerised information as presumably it was registered under the old Act and continues to be 'notified'. You do not have to disclose manual personnel records as this is covered by the exemption for 'processing under way'. 

>Will we benefit from the transitional provisions
>relating to processing already underway before 24th October 1998
>and therefore, do not have to disclose information held on manual
>records prior to this date should we not wish to do so

Advice from the Commissioner says that existing *processes* i.e. recruitment, appointment, termination taking place before 24 October 1998 are regarded as processing under way.  You will not have to disclose these manual records until 2001.  However, if you introduced a new procedure after 24 October 1998 such as a manual complaints recording procedure, then this procedure would have to fully comply with the requirements of the new Act.

>We are also not sure as to the fee that should be charged for the
>amount of work involved.

There is no authority in the Act to allow you to charge more that ten pounds.  However, in these circumstances, I would contend that this involves 'disproportionate effort'.  I would give the employee the opportunity to view the file and provide the facility to take copies of any information required.  Of course, the file would have to be checked to ensure that no unauthorised third party disclosure takes place, although my understanding is that this would mean that employment references will remain in the file.

...as I said, my opinion based on what I've read so far...