Folks,
As I started this thread I would like to thank you all for your input.
To summarise, putting on one side the legal exemptions to disclose or
advise the Data Subject, there appears to be
three camps regarding confidential data held and distress caused:-
1/ We do not have to disclose - not obliged according to OIC
2/ We should disclose that we hold data as a duty to the Data Subject -
Principle 1 and 6
3/ It is at our discretion to advise
If 1 the data subject will never know and cannot ask - I cannot accept
this
If 2 we may then be challenged afterwards from within as to the
disclosing - I'm prepared to argue when necessary.
If 3 We will have internal 'arguments' as to whether we should disclose
- who eventually decides?
As a result of your inputs, I personally am of the opinion we should let
the Data Subject know that we hold the data but cannot disclose due to
confidentiality etc and that they have a recourse through the courts if
they so wish.
Regards and thanks again
Arthur
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