Hello Doreen
The relevant part of the DPA is Section 10. If the processing is of
"eligible automated data" (ie the processing was already under way as at
24/10/98), Section 10 does not apply until 24/10/01, so the data subject has
no right to stop or prevent processing until then.
If the processing is not of "eligible automated data", the right is not
applicable if you are relying on any of the conditions 1 to 4 in Schedule 2
as the basis for processing - these include data subject consent,
performance of a contract involving the data subject, and compliance by the
data controller with a legal obligation. This exemption does not apply to
sensitive personal data.
I don't know what constitutes "unwarranted damage or distress", but I would
consider it unlikely to include being in dispute with your employer. I
would agree that in this case the Human Rights Act is probably something of
a red herring.
Hope this helps
Regards
Stuart
The contents of this e-mail are the personal view of the author and should
in no way be considered the official view of Wirral Metropolitan Borough
Council.
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 24/04/2001 11:39
To: [log in to unmask]
Subject: Data Subject Notice
All
Help ...my impossible data subject access request has reared his head again.
I have been served with a Data Subject Notice asking me to prevent the
processing of any of his personal information saying that it is causing
substantial and unwarranted damage and distress to himself as it is in
breach of his right to respect for his private life and for his
correspondence. I would say he has the wrong Act (Human Rights).
Background - he is an employee with grievance/disciplinary. It is not my
job to stop processing information etc. Can he do this....I would have
thought the Information Commissioner would have to do this?? I am seeking
your advice on this as it is a very difficult situation....please help.
Doreen
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