I would suggest that disclosing where "someone was not" is a disclosure of
personal data, and in this case to a third party without authorisation.
What if this person were attending the GUM clinic for an HIV test and has
absolutely NO desire for his employer (or alleged employer) to know?
They have now also passed data to you, an unauthorised third party, of their
suspicions of their employee.
My advice?
Avoid. Do not answer without permission form the data subject.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of John Hughes
Sent: 10 June 2005 12:09
To: [log in to unmask]
Subject: [data-protection] Disclosure or not?
A question for you:
I have been contacted by a company asking whether or not one of their
employees had an appointment with us one recent Friday afternoon. They
suspect that they have been handed a faked appointment letter by the
employee as proof.
If I replied by simply stating "no one of that name had an appointment here
on that date", would I be on safe ground? My rationale is that I am
disclosing nothing as nothing actually took place.
John Hughes
DPO
Mayday Healthcare NHS Trust
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