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If the discussion is about employee manual records, then FOIA is
irrelevant
The Durant judgment means that employees will only gain access to manual
employee records, if these records form a relevant filing system. The
OIC has gone on the record that there are not many relevant filing
systems
C
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Watson, Patrick
Sent: 08 September 2004 08:28
To: [log in to unmask]
Subject: Re: Interaction between DPA and FOI
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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