<<Ian wrote ...If part of the content of the text is likely to identify the person, you willneed to seek consent for the release of that part of the text. For example, "his ex-wife told us he was loud, obnoxious and opinionated." In order to meet the 40 day deadline whilst seeking consent you might be able to alter the text to read "we have been told that he is loud, obnoxious and opinionated.">>
Although it looks like there is obviously going to be a continuing "differing of opinion" on this issue (opinions which we all value greatly and which add depth to the issue and the mailbase in general) I would just like to make two points 1. Data controllers are not permitted to make any changes to data other than routine processing (but I DO get your point) ,and 2. I tried this method on a SAR. The husband deduced that this was terminology his ex-wife would use and took great exception to it - went round to her house and battered her senseless. In court both lawyers called me as a witness.......... I wake up ! It was just another one of those DP/FOI/HRA nightmares!
The same scenario could occur if you told him "off the record". Would your conscience be clear in that, it was done, to comply with DPA?
I realise the scenarios are hypothetical BUT they are similar in nature to issues we all have to/might have to deal with as DPO's. We can only make a value judgement in each individual case and hope it is the right one. Unfortunately, legally might sometimes come a close second to morally, but I think most of us might just have to live with that!
Peter
Peter Wilson
Data Protection Officer
University of Paisley
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