Sophie
Sharing data with a data subject, and responding to her/his subject access
request are not necessarily the same thing.
As far as third party consent and SARs is concerned, the provisions of s7(4)
are designed to balance the interests of competing data subjects.
Accordingly, consent must be freely given, specific, informed, and consist
of an indication of agreement. The proposed statement on emails, letters and
memos looks almost certain to fail on a number of counts.
Ian Mansbach
Mansbachs
Data Protection Practitioners
[log in to unmask]
phone: 0871 716 5060
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Sophie Houlton
Sent: 30 September 2004 11:50
To: [log in to unmask]
Subject: [data-protection] subject access and third parties
I have picked up an issue which is going round one of our departments and I
would really like any comments about the validity of their proposal:
They are suggesting that (to avoid having to gain consent to disclose from
third parties each time a subject access request is received) a general
statement should be added to emails, letters and memos to say that, unless
the recipient states otherwise, the department may share information the
third party provides about a service user, with the service user.
I have many reservations about this. For instance:
We do not automatically have to contact all third parties for consent if the
disclosure is reasonable. Situations can change It would be very wrong to
put the decision entirely onto the third party.
Any help very gratefully received.
Sophie Houlton
Somerset County Council
This communication is intended solely for the person (s) or organisation to
whom it is addressed. It may contain privileged and confidential
information and if you are not the intended recipient (s), you must not
copy, distribute or take any action in reliance on it. If you have received
this e-mail in error please notify the sender and copy the message to
[log in to unmask]
Individuals are advised that by replying to, or sending an e-mail message to
Somerset County Council, you accept that you have no explicit or implicit
expectation of privacy.
In line with the Surveillance and Monitoring Policy, any e-mail messages
(and attachments) transmitted over the Council's network may be subject to
scrutiny.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
