Doreen,
Section 10 - A data subject is entitled, at any time by notice in writing,
to require a data controller to cease or not to begin processing if the
processing is likely to cause *substantial* damage or *substantial* distress
to him or to another and that damage or distress would be unwarranted.
Section 10 does not apply where: (Schedule II para. 1-4)
- the data subject has given his consent;
- the processing is necessary for the performance of a contract to which the
data subject is a party;
- the processing is necessary for compliance with any legal obligation to
which the data controller is subject other than an obligation imposed by
contract;
This means that an employee can't just say 'stop processing personal
information about me'. He has to provide some evidence for you to base your
decision on. Some confused waffle from the HRA wouldn't be enough to meet
the 'substantial' requirement. You would have to be in breach of some of the
DPA principles. Note the last few words, "and that damage or distress would
be unwarranted". You can still cause him damage and distress if you feel its
warranted!!! ;)
Allan
-----Original Message-----
From: Jo Pearman [mailto:[log in to unmask]]
Sent: Tuesday, 24 April 2001 11:48
To: [log in to unmask]
Subject: Data Subject Notice
Doreen
Yes, I think he can. S10 says that he can issue a stop notice to which the
organisation has 21 days to investigate and reply. My understanding is
that the organisation has 21 days to investigate his claim of unwarranted
substantial damage and distress, and then reply to him, giving reasons for
continuation of processing if appropriate.
Of course, if he's an employee, stopping processing his data could include
his payroll?
Jo
----- Forwarded by Jo Pearman/NorthWilts on 24/04/01 11:40 -----
"Broom, Doreen"
<[log in to unmask] To:
[log in to unmask]
V.UK> cc:
Sent by: This list is Subject: Data Subject
Notice
for those interested
in Data Protection
issues
<data-protection@JISCM
AIL.AC.UK>
24/04/01 11:39
Please respond to
"Broom, Doreen"
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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