In a message dated 07/03/2001 08:45:19 GMT Standard Time,
[log in to unmask] writes:
<< There are also issues relating to third party information in
the SARs I we have now received as they are all employees with
disciplinary/grievances and therefore you have to take into account
confidentiality as to the third party as well as the data subject's rights.
I am erring on the side of caution in these cases and have decided to rely
on confidentiality. >>
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Under the new DPA you cannot automatically withhold information received from
a third party, nor can you automatically delete information that would
identify that third party. Just because you have promised confidentiality
(e.g. "any comments you make will be held in confidence"), or the person
writes "confidential" at the top of the letter or reference, does not meen
necessarily that a duty of confidence exists.
You will need to seek the consent of these people before deciding whether to
release the information that would identify them (the rest of their
report/reference can be given anyway) and if they refuse consent you should
then consider whether in the circumstances it would be reasonable to disclose
their identities to the data subject.
Unless of course the data subject already knows the identity of these third
parties in which case there is no reason to withhold nor even to seek consent.
Unless, of course, the processing was "under way" and still qualifies for the
transitional relief until October 23 2001.
Ian B
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
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