Carter, Antoinette (CCM) on Monday, January 24, 2005 at 11:52 AM said:-
> Subject to all the other exemptions that might apply, I would
> say an in-tray would not, but a pending tray would.
[log in to unmask] on Monday, January 24, 2005 at 12:04 PM said:-
> In other cases, the
> in-tray is of a more generic nature where it is possible that
> none of the data will ever form part of a record.
>
> Usually, most in-trays contain some of each and it is up to
> each data controller to determine the likelihood of personal
> data occurring and to instruct each member of staff accordingly.
>
So in-trays and pending-trays would probably contain material subject to FOI
requirements, but still subject to the normal DPA personal data
considerations. Interesting that many harder DP considerations could emanate
from the more difficult to classify pending material.
> Incidentally, one of my clients insists on a clear desk
> policy which includes locking away all desk trays at the end
> of the day!
But surely that would not stop the same legal
standards/guidance/considerations applying to any information held.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Carter, Antoinette (CCM)
> Sent: Monday, January 24, 2005 11:52 AM
> To: [log in to unmask]
> Subject: Re: Pending Trays
>
>
> Subject to all the other exemptions that might apply, I would
> say an in-tray would not, but a pending tray would.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Ian Welton
> Sent: 24 January 2005 11:31
> To: [log in to unmask]
> Subject: Re: [data-protection] Pending Trays
>
> Would the contents then be subject to FOI?
>
> Ian W
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Carter,
> > Antoinette (CCM)
> > Sent: Monday, January 24, 2005 11:29 AM
> > To: [log in to unmask]
> > Subject: FW: [data-protection] Pending Trays
> >
> >
> > -----Original Message-----
> > From: Carter, Antoinette (CCM)
> > Sent: 24 January 2005 11:20
> > To: 'Ian Welton'
> > Subject: RE: [data-protection] Pending Trays
> >
> > Interesting question for a Monday morning. I would say that
> > irrespective of Durrant, an in-tray is not a "relevant
> filing system"
> > because you have not carried out the task of "filing", it is
> > pre-filing not post-filing! An unopened envelope arriving in an
> > in-tray is not "processing personal data", the personal
> data contained
> > in it is only revealed when you perform the processing task
> of opening
> > the letter and reading it. I think it is only when you've read it,
> > decided whether or not to bin it, and decided that you
> > shouldn't, that any sort of "filing" has taken place.
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Ian Welton
> > Sent: 24 January 2005 10:31
> > To: [log in to unmask]
> > Subject: [data-protection] Pending Trays
> >
> > Would a physical 'In-Tray' or 'Pending-Tray' be categorised
> as a post
> > Durant filing system?
> >
> > If not, why not and what DPA issues would capture 'any'
> personal data
> > so held?
> >
> > Ian w
> >
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