Anyone can "request" information under FOI, but that does not mean that
they will necessarily be provided with it. In this case, I would say
Exemption 40 (personal data) would apply.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 10 June 2005 12:42
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure or not?
Wait! Do you mean YOU can put in an FOI request and see MY hospital
appointment records?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Hawley, Graeme
Sent: 10 June 2005 12:40
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure or not?
I like Margarita and Jethro's responses, and agree that this would be
far more ideal. However, if a request for information is made to a
public authority, then the FOIA / FOI(S)A requires them to provide a
response relating to the information that they hold about that
particular issue, and does not permit the authority to tell the
applicant to go ask elsewhere instead (even though I do think that that
would be a better course of action).
Graeme Hawley
National Library of Scotland
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Jethro R Binks
Sent: 10 June 2005 12:35
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure or not?
On Fri, 10 Jun 2005, Tim Trent wrote:
> And that gives us the problem. Each argument holds water. And since
> each argument holds water there are grounds for a dispute. If the
> dispute is settled in favour of the employee it is likely to be a
> disclosure that has caused damage or distress.
>
> I am considering it to be very specific personal data. It gives
> details to the employer that the employee was allegedly not at an
> appointment with that place in that date. By giving them this data
> about their employee, despite the valid point that it is an "absence
> of data", they now have additional data about that employee.
It seems to me the solution is rather simpler (or perhaps it's me who is
simple :).
Why is the employer going behind their employees back on the matter?
Surely they should be discussing this with their employee, and asking
them to furnish proof if they suspect misbehaviour (while being
cogniscent of their employee's right to privacy)? Such proof might take
the form of a letter from the health authority that the employee himself
asks to be written on his behalf - suitably anonymised from features
that may identify a particular department or service attended (so not
from the GUM clinic specifically, for example). The letter can be
checked by employee and handed to his employer; the employer can then
contact the health authority to check the validity of the letter if
necessary.
This is perhaps a means of implementing your suggestion:
> The best answer is surely "We require proof that you have the right to
> any information at all about this person and that they permit you to
> have that information before we will give you any information at all.
> You may not interpret this answer as giving you any information of any
> description about that person"
Jethro.
> We are not interest here in any alleged deception by the employee. We
> should only be interested in protecting their rights. Even murderers
> have rights.
>
> _____
>
> From: Lewis, Chris G. [mailto:[log in to unmask]]
> Sent: 10 June 2005 12:18
> To: Tim Trent; [log in to unmask]
> Subject: RE: [data-protection] Disclosure or not?
>
>
> I disagree. I think were one to say, as suggested "no-one of that name
> had an appointment", you are not disclosing anything about any
> individual in isolation - "no-one called John Smith was here". I can't
> see that a John Smith could complain that that was an unauthorised
> disclsoure of their personal data. Firstly, I don't think it's
> personal data, and secondly, it would equally be known to a member of
> the public who sat in reception all day as it was to the hospital.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues on
> behalf of Tim Trent
> Sent: Fri 10/06/2005 12:14
> To: [log in to unmask]
> Cc:
> Subject: Re: [data-protection] Disclosure or not?
>
>
>
> 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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