If, as in our case the believe was a malicious email existed, would it
not have been in the "best interests" of the applicant to have provided
the data requested under FOI. Any data covered by DP could have been
redacted.
I am not as yet aware of the full details of this appeal, but if I
assume the email may only mention the applicant by name and I assume
some derogatory statement, does this in itself constitute personal data.
Regards
Peter
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 25 October 2005 10:47
To: PETER SELENIC; [log in to unmask]
Subject: RE: malicious email, DP or FOI
I can't see there being any problem if you have consent to disclose and
I would suggest that this is a DP issue. We had a similar one where an
employee asked for e-mails between A and B as part of an FoI request but
this was refused on grounds that we had not had consent from A and B to
disclose - plus we owed a duty of confidentiality to the others.
Doreen
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825059
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of PETER SELENIC
Sent: 25 October 2005 10:32
To: [log in to unmask]
Subject: malicious email, DP or FOI
The college is currently dealing with an appeal against a decision made
in connection with the college's grievance procedure. As part of the
appeal, the appellant wishes for certain e-mail correspondence to be
disclosed The appellant (let's call her A) alleges that X (an employee
of the college) sent an e-mail to Y (another employee of the college),
the content of which was malicious in respect of A, and would want to
claim that a copy of such an e-mail would support her claim that she was
being bullied. Should this be treated as a DP issue, A making the SAR
or a FOI issue. I have as yet not been provided with details of the
appeal. X has no objection to her e-mails being retrieved to demonstrate
that she hasn't been malicious, does that make any difference?
Opinions would be appreciated.
This email no longer exists in either X or Y Mailboxes but does exist on
a backup tape of individual mailboxes. Staff mailboxes are backed up as
they are deemed to be business related. Student mailboxes are deemed to
be domestic purposes and hence covered by the Section 36 exemption as
the colleges register entry does not include a reference to this
processing. These mailboxes are not backed up.
However in the interests of disaster recovery the complete email
database is backed up. During the restoration of this in a disaster
scenario the mailboxes do not exist, hence are not subject to data
access requests. Again comments would be appreciated.
Regards
Peter Selenic
DP Officer
Epping Forest College
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