Yes I agree but if someone wrote in and asked have all your e.g.
Architects got a diploma/masters degree in Architecture or whatever then
I am fine with that but asking for sight of a Line Manager's training
record....I am not happy with that.
D
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Donald Henderson
Sent: 13 July 2005 09:47
To: [log in to unmask]
Subject: Re: Interesting query regarding CVs
We've taken the view that a training record isn't personal information
as long as the training relates to professional rather than personal
development. For me to attend a DP course is not particularly surprising
and is in line with my post so isn't personal, but a course on
overcoming nicotine addiction would likely be classed as personal.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 13 July 2005 09:14
To: [log in to unmask]
Subject: Re: [data-protection] Interesting query regarding CVs
I am currently dealing with an issue like this but I am of the view that
an employee's training record is personal to him/her - is kept within
his/her personal file and is of no public interest. I think this could
open the floodgates e.g. I could write in and ask for every single
e-mail my Line Manager has written and I do not think that that is the
purpose of FoI especially when an employee has a grievance against a
Line Manager. I would be interested in any comments. Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 13 July 2005 07:50
To: [log in to unmask]
Subject: Re: Interesting query regarding CVs
Although the CV may indeed be personal data, even with the name and
address removed, this does not mean that it cannot be disclosed. There
is no absolute exemption under FOI for personal data unless the
requestor is asking for their own information (in which case you use
DPA).
Section 40 is in respect of personal data requested by a third party. If
releasing the data would not breach the DPA or any duty of confidence
owed, the data should be released.
The IC's advice is summarised:
"It is often believed that the Data Protection Act prevents the
disclosure of any personal data without the consent of the person
concerned. This is not true. The purpose of the Data Protection Act is
to protect the private lives of individuals. Where information requested
is about the people acting in a work or official capacity then it will
normally be right to disclose."
I believe that all staff in the public sector should issue a DPA section
10 notice to their employer. This would then have to be considered over
and above the normal rules and may just tip the balance when a request
comes in for data on a member of staff. Such a request could begin:
"Please provide details of the pay of Joe Bloggs who 'works' in your
surveyors department. I think he's a waste of council tax payers'
money, etc, etc."
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the
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Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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