Do you have a "home working" policy? You might face problems if you
don't. More rhetorical questions: might the fact that this line manager
has himself put the security the SAR's data be a disciplinary issue?
Was this a geuine mistake? Or an attempt to cover up something worse?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 25 May 2006 11:24
To: [log in to unmask]
Subject: Re: [data-protection] SAR - Material kept at home
Hello
I know you wanted counter arguments, but I agree with you.
As long as the information is being processed for the purposes of the
Data Controller, that organisation is responsible for it, and the
location of the processing isn't relevant (regardless of how desirable
or undesirable that location might be). Otherwise, a person could take
all of their files home and tell everyone to get lost, which doesn't
sound right somehow.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: J.S.M.Whitaker [mailto:[log in to unmask]]
Sent: 25 May 2006 10:58
To: [log in to unmask]
Subject: [data-protection] SAR - Material kept at home
I'd be very interested in any views or pointers to authoritative
resources on the following situation.
A member of staff is the line manager of someone who issues an SAR. It
appears that, in the course of working at home, some potentially
disclosable material has been created and retained there. I am taking
the view that this is held "by or on behalf of" the organisation and as
such is
(potentially) disclosable.
(Yes, all the usual things have been/will be said about proper storage
of company information etc. etc. but that is another matter.)
Any arguments against my view welcomed. (I'm working on English legal
requirements here, not what might be "good practice" but outside the
requirements of English legislation.)
Many thanks
Jim
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