If you consider that she is making a request for her own personal
information then it is absolutely exempt from FOI (or indeed FOISA). It
has to be dealt with under the DPA, and the FOISA exemptions cannot be
applied at all. If it is not a request under DPA, then it may be that the
FOISA exemptions might apply. FOISA cannot override DPA as far as I am
aware.
Hope this helps.
Regards,
Peter
Please respond to "Broom, Doreen" <[log in to unmask]>
Sent by: This list is for those interested in Data Protection
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Subject: [data-protection] Access to Personal Statements
All
I am back on this one again..........
Under DP I have stated to a party who is being investigated that they
should be entitled to see statements which have been made against them
before they are interviewed to give their version of
events........but.........with third party names being blotted out at this
point in time i.e. after all statements have been taken a report will be
issued to a manager to make a decision as to whether disciplinary hearing
should take place when copies of all statements would be provided.
I am firmly of the view that if a SAR is made the party being investigated
would be entitled to see the info. I have checked with our lawyers who
have come back to state they are relying on FOISA S35(g) which gives a
Scottish public authority rights to exercise any of the functions
mentioned in subsection (2) - and they are relying on (2)(b) which gives
them the right to ascertain whether a person is responsible for conduct
which is improper and this is the exemption they rely on.
What I am trying to say is does that override the subject access rights
under DP or does FOISA override DP...............
Any help from you lawyers out there would be good. I just really want to
get this right in case it comes up in the future..........
Thanks,
Doreen
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825041
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