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I think that if your staff are acting as part of their duties (e.g. a line
manager commenting on a worker's performance) they are agents of the Data
Controller and not third parties.  If they are acting on their own behalf
(e.g. gossiping or complaining about a colleague) they are third parties
(but may, of course, be in breach of your Acceptable Use Policy).

I'm sure it's more complicated than that in practice.

Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB

I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.


----- Original Message -----
From: "Simon Macaulay" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 23, 2005 11:10 AM
Subject: Internal staff SAR


> Hi all,
> can anyone give advice on how to deal with a scenario where a mem of staff
> wants to see the emails of certain other staff which have him as the focus
> of their emails?
>
> Unfortunately we do not have a monitoring or similar policy which states
> we will search email accounts after receiving a SAR or an FOI request (not
> for want of trying) and the approach of our HR branch is to simply ask the
> staff mentioned if they have such emails and to disclose if they do.
>
> This leads me to the old chestnut of, are they 3rd parties, and do they
> have to be asked for consent before there emails are disclosed in full
> without their names redacted?  This is the approach we are taking but I
> would appreciate any guidance or clarification from anyone who has been in
> a similar situation.
>
> Cheers, Simon Mac.
>
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