I think Tim has the right approach here. If it is mutually agreeable and the
subject can sign that they have been accorded their rights, I cannot see how
anyone can object. The only instance however where I know a visit to have
occurred was with a person who had a huge file, which was costly and
difficult to copy. The file was redacted (or at least nothing was found to
need redacting), the person was invited along - they were very happy as they
were also able to ask questions of the person that supervised them. They had
as long as needed and had several pages of interest copied for them.
A mutual solution to the problem.
I have not seen anywhere where the ICO says this is not allowed, but I would
be interested to see in what context it is placed if there is a statement.
Simon.
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: 06 February 2006 10:23
To: [log in to unmask]
Subject: Re: [data-protection] Subject access inspection of records
Let's apply logic.
The individual is entitled to paper copies, but they may choose to waive
that right (you should get them to sign a satisfaction slip at the end of
any such inspection - not with the data but that they are satisfied that
they have had their request fulfilled).
The issue comes when you need to redact information.
I am perfectly happy to offer individuals the chance of making a physical
accompanied inspection provided I have their prior written agreement and
they then sign the satisfaction note. They have the option in the final
case of "not being happy" and the note can allow for this.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Gillian Whichelo
Sent: 06 February 2006 10:17
To: [log in to unmask]
Subject: [data-protection] Subject access inspection of records
Dear List serve members
I am in the process of revising our DP procedures on handling subject access
requests. The DP legislation and guidance sets out that records are to be
disclosed in a permanent form to the data subject. However I am sure that
you have found that there are occasions when it is best to invite the data
subject in to the office so that the subject can inspect the records.
However I understand that ICO says that inspection is not allowed.
Yet at the same time access to medical records, where the new manual records
were added after the request was made, can be dealt with by inspection
And
Pupils are allowed to see or receive copies of their educational records, by
mutual agreement of school and data subject. So inspection can take place.
What do other Data Protection Officers do- do you allow inspection under
very tight guidelines or is there a ban on inspection?
Gillian Whichelo
Royal Borough of Kingston
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