The point that I am trying to clarify is whether chronologically maintained
manual personnel files escape disclosure under both the DPA and FOIA. When
I put this to OIC I was told that chronologically ordered manual personnel
files did not meet the definition of a relevant filing system and were not
disclosable. I then asked whether a data subject could access this same
personnel file under FOIA and was told no as it contained personal data.
The OIC cannot have it both ways.
There is no doubt that manual personnel files are crammed full of personal
data and this makes the Durant decision illogical. Personnel files probably
hold more personal data than any other file in the organisation and current
and former staff will find bizarre that they cannot get any form of access
to it under DPA or FOIA. Have we got a situation that excludes this
employment area from any effective scrutiny by data subjects.
Patrick
-----Original Message-----
From: DREW Nic [mailto:[log in to unmask]]
Sent: 07 September 2004 15:32
To: [log in to unmask]
Subject: Re: [data-protection] Interaction between DPA and FOI
FOIA introduces a new category of data (category e ) into the DPA, but
only for public authorities. This category will widen access to personal
data,that Durant might have prevented, but has an exemption for access
to personnel data. See sections 68 and 69 of the FOIA.
Nic
-----Original Message-----
From: Watson, Patrick [mailto:[log in to unmask]]
Sent: 07 September 2004 10:56
To: [log in to unmask]
Subject: Interaction between DPA and FOI
Can colleagues help me to clarify some issues relating to the
interaction between data protection and FOI. Many manual files
including
personnel files do not meet the Court of Appeal (Durant) definition of a
relevant filing system and are therefore not disclosable under the
subject
access provisions of the DPA. If a file is not considered to be
personal
data then what access is there to this file by the data subject through
FOI?
Thanks
Patrick
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