The contents of this e-mail are confidential and may be privileged. Please refer to the notice at the foot of this e-mail before reading any further.
Plain INGLISH as she is spooked
Employees do not get access to manual employee records about themselves
unless the records form part of a Relevant Filing System as the records
are not data
Any information which relates to a living individual held by a public
authority is personal data (but not in the context of employment)
C
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Sally Justice
Sent: 09 September 2004 12:22
To: [log in to unmask]
Subject: Re: Employee manual records: Interaction between DPA and FOI
As the IC states very clearly that he supports "plain english" could
someone please explain in plain english in a very succinct manner
exactly how the Acts should be interpreted as I am now completely
confused and even more so after reading the various acts on the web!
Thanks
Sally
Ian Welton wrote:
>DREW Nic on 09 September 2004 at 09:31 said:-
>
>
>
>>Section 70(1) of the FOIA amends section 33 of the DPA and basically
>>provides an exemption to accessing Personnel files. If this wasn't in
>>the FOIA, that Act would give public sector employees more rights of
>>access to their personnel files than those in the private sector.
>>
>>
>
>Unless the title to the FOI s.70 - "Exemptions applicable to certain
>manual data held by public authorities." has no real meaning I would
>dispute that statement.
>
>If you are correct I am thoroughly confused about the broader affects
>of the FOI to the private sector.
>
>Ian W
>
>
>
>>-----Original Message-----
>>From: This list is for those interested in Data Protection issues
>>[mailto:[log in to unmask]] On Behalf Of DREW Nic
>>Sent: 09 September 2004 09:31
>>To: [log in to unmask]
>>Subject: Re: Employee manual records: Interaction between DPA and FOI
>>
>>
>>Patrick
>>Section 70(1) of the FOIA amends section 33 of the DPA and basically
>>provides an exemption to accessing Personnel files. If this wasn't in
>>the FOIA, that Act would give public sector employees more rights of
>>access to their personnel files than those in the private sector.
>>
>>Nic
>>
>>
>>-----Original Message-----
>>From: Watson, Patrick [mailto:[log in to unmask]]
>>Sent: 09 September 2004 08:48
>>To: [log in to unmask]
>>Subject: Re: Employee manual records: Interaction between DPA and FOI
>>
>>Chris
>>You have confused me with your latest comment. It seems to contradict
>>your newsletter unless I have misunderstood your comment below. My
>>understanding
>>from your newsletter is that a former employee could not access his
>>chronologically ordered manual personnel file under DPA because it is
>>not a
>>relevant filing system. The same person could however access
>>this file
>>under the FOIA from Jan 2005.
>>
>>Patrick
>>
>>-----Original Message-----
>>From: Pounder Chris [mailto:[log in to unmask]]
>>Sent: 08 September 2004 19:50
>>To: Watson, Patrick; [log in to unmask]
>>Subject: Employee manual records: Interaction between DPA and FOI
>>
>>
>>
>>The contents of this e-mail are confidential and may be privileged.
>>Please refer to the notice at the foot of this e-mail before reading
>>any further.
>>
>>
>>
>>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
>>
>>Email has been scanned by www.emf-systems.com for viruses and SPAM
>>
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask]
>> All user commands can be found at : -
>> http://www.jiscmail.ac.uk/help/commandref.htm
>> (all commands go to [log in to unmask] not the list please)
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask]
>> All user commands can be found at : -
>> http://www.jiscmail.ac.uk/help/commandref.htm
>> (all commands go to [log in to unmask] not the list please)
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>>Email has been scanned by www.emf-systems.com for viruses and SPAM
>>
>>Email has been scanned by www.emf-systems.com for viruses and SPAM
>>
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask]
>> All user commands can be found at : -
>> http://www.jiscmail.ac.uk/help/commandref.htm
>> (all commands go to [log in to unmask] not the list please)
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>>______________________________________________________________
>>__________
>>____________________________
>>This e-mail has been scanned for all viruses by Star Internet using
>>MessageLabs SkyScan services. For more information visit:
>>www.star.net.uk.
>>______________________________________________________________
>>__________
>>______________________________
>>
>>
>>We are delighted to announce that Masons has been shortlisted for
>>recognition in this year's LOTIES Awards (Legal Office Technology
>>Innovation Awards).The annual awards are organised by In Brief
>>Magazine. We would be
>>grateful if you would take five minutes to vote for us!
>>
>>Voting closes on 22nd October. Please visit
>>www.masons.com/php/page.php?page_id=eloties4400 for further details
>>
>>
>>If you have received this e-mail in error, do not use the contents of
>>the e-mail or disclose it to any other person. Please notify us
>>by reply, or
>>telephone our London office on +44 (0) 20 7490 4000, and then
>>delete the
>>e-mail. We believe, but do not warrant, that this e-mail and its
>>attachments
>>are virus-free, but you should check. Masons may monitor
>>traffic data of
>>both business and personal e-mails. By replying to this e-mail, you
>>consent
>>to Masons' monitoring the content of any e-mails you send to
>>or receive
>>from
>>Masons. Masons is not liable for any opinions expressed by the sender
>>where
>>this is a non-business e-mail.
>>
>>Masons is an international law firm with offices in London, Bristol,
>>Edinburgh, Glasgow, Leeds, Manchester, Brussels, Hong Kong and
>>Shanghai. Further information about the firm and a list of partners
>>are available
>>for
>>inspection at 30 Aylesbury Street, London EC1R 0ER or from
>>our web site
>>at
>>www.masons.com. Each of our offices is regulated by the relevant local
>>law
>>society.
>>
>>This e-mail has been scanned for all viruses by Star Internet using
>>MessageLabs SkyScan services. For more information visit:
>>www.star.net.uk.
>>______________________________________________________________
>>__________
>>____
>>_____________
>>
>>Email has been scanned by www.emf-systems.com for viruses and SPAM
>>
>>Email has been scanned by www.emf-systems.com for viruses and SPAM
>>
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask]
>> All user commands can be found at : -
>> http://www.jiscmail.ac.uk/help/commandref.htm
>> (all commands go to [log in to unmask] not the list please)
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>> All archives of messages are stored permanently and are
>> available to the world wide web community at large at
>> http://www.jiscmail.ac.uk/lists/data-protection.html
>> If you wish to leave this list please send the command
>> leave data-protection to [log in to unmask]
>> All user commands can be found at : -
>> http://www.jiscmail.ac.uk/help/commandref.htm
>> (all commands go to [log in to unmask] not the list please)
>>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>
>>
>>
>
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
>!DSPAM:41403a23161562063827681!
>
>
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
________________________________________________________________________
____________________________
This e-mail has been scanned for all viruses by Star Internet using
MessageLabs SkyScan services. For more information visit:
www.star.net.uk.
________________________________________________________________________
______________________________
We are delighted to announce that Masons has been shortlisted for recognition in this year's LOTIES Awards (Legal Office Technology Innovation Awards).The annual awards are organised by In Brief Magazine. We would be grateful if you would take five minutes to vote for us!
Voting closes on 22nd October. Please visit
www.masons.com/php/page.php?page_id=eloties4400 for further details
If you have received this e-mail in error, do not use the contents of the e-mail or disclose it to any other person. Please notify us by reply, or telephone our London office on +44 (0) 20 7490 4000, and then delete the e-mail. We believe, but do not warrant, that this e-mail and its attachments are virus-free, but you should check. Masons may monitor traffic data of both business and personal e-mails. By replying to this e-mail, you consent to Masons' monitoring the content of any e-mails you send to or receive from Masons. Masons is not liable for any opinions expressed by the sender where this is a non-business e-mail.
Masons is an international law firm with offices in London, Bristol, Edinburgh, Glasgow, Leeds, Manchester, Brussels, Hong Kong and Shanghai. Further information about the firm and a list of partners are available for inspection at 30 Aylesbury Street, London EC1R 0ER or from our web site at www.masons.com. Each of our offices is regulated by the relevant local law society.
This e-mail has been scanned for all viruses by Star Internet using MessageLabs SkyScan services. For more information visit: www.star.net.uk.
_________________________________________________________________________________________
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
